Is Delta-8 THC Legal Where You Live? Find Out Now!

June 17, 2022

Is Delta-8 THC Legal Where You Live? Find Out Now!

As one of the latest and greatest new CBD-based products to hit the market, Delta-8 THC is taking the world by storm. You may have heard of Delta-8 THC but could be unsure what it is, what it does, and if it’s legal in your state. Keep reading to learn if Delta-8 THC is legal where you live, as well as more about this CBD product. 


What is Delta-8 THC?

Before we get into the legality of Delta-8 THC, it’s important to understand what Delta-8 is and what it does. Delta-8 THC, aka dronabinol, is a form of cannabinoid oil that comes from the cannabis plant. Patented by Unimed Pharmaceuticals in 1985, Delta-8 THC started gaining traction around 2003. Available in multiple forms including edibles, flowers, dab sauce, and more, Delta-8 THC has become an increasingly popular form of THC primarily used for sleep and appetite stimulation.

Why People Use Delta-8 THC

Many consider Delta-8 THC to be just like Delta-9 THC but without the mental cloudiness. Users report that using Delta-8 THC helps them avoid the typical paranoia and smell that may accompany regular THC products from marijuana. Although not approved by the FDA to be an antiemetic (anti-nausea drug) or analgesic (pain reliever), anecdotal evidence shows that many people use Delta-8 THC for these purposes. It may also be valid for relaxation, euphoria, and enhancing certain senses like sight, touch, and sound. 

Is Delta-8 THC Legal Where You Live?

On the federal level, Delta-8 THC is considered legal because it is derived from the hemp plant as opposed to the marijuana plant. While Delta-8 THC may be federally legal, it is not legal in all states, which means you could still face criminal prosecution if you are found with Delta-8 THC on your person in certain locations. Bear in mind that legal Delta-8 THC must be sourced from hemp plants to be regulated in the same way as CBD products, with a THC concentration allowance of up to 0.3%. Some states have legalized Delta-8 THC for medical use, some restrict usage, some ban it completely, some criminalize the possession of it entirely.

The states in which you can legally purchase and possess Delta-8 THC sourced from hemp plants:

  •   Alabama
  •   California
  •   Florida
  •   Georgia
  •   Hawaii
  •   Illinois
  •   Indiana
  •   Kansas
  •   Maine
  •   Maryland
  •   Massachusetts
  •   Minnesota
  •   Missouri
  •   New Hampshire
  •   New Jersey
  •   New Mexico
  •   North Carolina
  •   Ohio
  •   Oklahoma
  •   Oregon
  •   Pennsylvania
  •   South Carolina
  •   South Dakota
  •   Tennessee
  •   Texas
  •   Virginia
  •   Washington
  •   West Virginia
  •   Wisconsin
  •   Wyoming
  •   Washington, D.C.

The states in which Delta-8 THC is regulated like recreational cannabis:

  • Connecticut
  • Michigan
  • Nevada

The states in which Delta-8 THC is in the legally gray area, meaning there is not enough information to determine if it is legal or not:

  • Mississippi
  • Nebraska
  • Kentucky

The states in which Delta-8 THC is confirmed to be illegal: 

  •   Alaska
  •   Arizona
  •   Arkansas
  •   Colorado
  •   Delaware
  •   Idaho
  •   Iowa
  •   Louisiana
  •   Montana
  •   New York
  •   North Dakota
  •   Rhode Island
  •   Vermont
  •   Utah

What Affects Delta-8 THC’s Legal Status? 

Delta-8 THC is an agonist of the CB1 receptor in the body, meaning it stimulates the cell membranes in a way that impacts the user’s neurons to produce cognitive effects. This could lead to some psychoactivity, but not to the degree of Delta-9 THC.

Where the legal status of Delta-8 THC lies up in the air is related to its ambiguity with how it interacts with the body. Some people think it should not be treated as a controlled substance (and subject to legal regulation) because its effects are not as intense as marijuana products. Others argue that because it is an agonist on the CB1 receptor, it has the potential to be as psychoactive as traditional marijuana products.

Flying with Delta-8 THC

If you’re wondering whether it’s legal to travel with Delta-8 THC, this all depends on where you’re traveling from and traveling to. You could face criminal charges for possession and distribution of a Schedule 1 substance depending on where you’re traveling, so it’s probably best not to risk it at all.

Determining if Delta-8 THC is Legal in your State

Referring to the information above about whether Delta-8 THC is legal in your state is useful, but what is inside the actual product matters more. The brand of Delta-8 THC needs to be legitimate and verifiable so consumers can trust that it is safe. It’s always wise to purchase Delta-8 products, CBD products, THC products, and CBG products from reputable retailers that display a certificate of analysis (COA). This will show the THC content of a product as well as any other ingredients inside. For additional security, you may also ask to see lab test results.

Black Tie CBD is proud to be a trustworthy Delta-8 THC retailer. We sell Delta-8 THC online for purchase in a variety of forms including Delta8 Infused CBD Hemp Flower, pre-rolls, moon rocks, dab wax, dab sauce, and more. Find your favorite Delta-8 THC product when you shop with us today.

** This article is intended for informational purposes only and is not intended to provide legal advice. Legislation is constantly changing. Black Tie CBD holds no responsibility for individual participation with Delta-8 THC.