State-By-State Guide to THCA and THC Delta-8 Compliance

 

Quick Compliance Guide

Alabama
THC-A: Legal
Delta-8: Legal

The Alabama Department of Agriculture and Industries honors the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as the plant Cannabis sativa L and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9 THC concentration of not more than 0.3% on a dry weight basis. Alabama does not have any restrictions on Delta-8 or THC-A hemp products.

Alaska
THC-A: Legal
Delta-8: Prohibited

The Alaska Department of Natural Resources honors the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as the plant Cannabis sativa L and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9 THC concentration of not more than 0.3% on a dry weight basis.

With that being said, Alaska Statute Section 7. AS 11.71.900(14) defines Delta-8 as natural tetrahydrocannabinol (THC) which is considered a form of "marijuana" according to State Law. Since the State of Alaska considers Delta-8 as a form of marijuana and generalizes all forms of THC as regulated by the state, Delta-8 THC cannot be legally bought or sold in the State. However, Alaska currently does not have any regulations limiting THC-A hemp derived products making those products legal for sale within the state as long as the Delta-9 THC concentration is below 0.3%

Arizona
THC-A: Legal
Delta-8: Prohibited

The Arizona Department of Agriculture and Industries honors the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as the plant Cannabis sativa L and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9 THC concentration of not more than 0.3% on a dry weight basis.

In March of 2022, Senate Bill 1715 passed in the Arizona Senate which makes the manufacturing and sales of Delta-8 CBD products a felony. Backed by the Arizona Dispensaries Association, the bill bans “hemp-derived manufactured impairing cannabinoids,” such as Delta8. Therefore Delta-8 hemp derived products are illegal for sale within the State of Arizona. However, Arizona currently does not have any regulations limiting THC-A hemp derived products making those products legal for sale within the state.

Arkansas
THC-A: Prohibited
Delta-8: Legal

The Arkansas Department of Agriculture and Industries DOES NOT honor the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as any hemp products having under than 0.3% Total THC content. Possession or distribution of such products may be subject to federal, state, or local law enforcement action. This legislative action makes it illegal for any THC-A hemp derived products to be sold within the state of Arkansas. With that being said, there is nothing in the state legislation that restricts the sale of Delta-8 hemp derived products as long as the Total THC content is less than 0.3% on a dry weight basis

California
THC-A: Prohibited
Delta-8: Prohibited

The California Assembly Bill 45 DOES NOT honor the 2018 Farm Bill for the state’s legalities of hemp products and defines ‘hemp’ as any hemp products having under 0.3% Total THC content. Possession or distribution of such products may be subject to federal, state, or local law enforcement action. With that being said Delta-8 and THC-A hemp derived products are illegal for sale in the state of California and will be strictly regulated by the Department of Cannabis Control.

Colorado
THC-A: Legal
Delta-8: Legal

The Colorado Department of Public Health and Environment honors the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as the plant Cannabis sativa L and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9 THC concentration of 7 not more than 0.3% on a dry weight basis. Colorado does not have any restrictions on Delta-8 or THC-A hemp products.

Connecticut
THC-A: Prohibited
Delta-8: Prohibited

The Connecticut Department of Consumer Protection considers any products with a “Total THC Concentration of more than 0.3% on a dry weight basis a schedule II-controlled substance under Connecticut law. Any product exceeding 0.3% THC is considered cannabis and is regulated under the Responsible and Equitable Regulation of Adult-Use Cannabis Act. Businesses without a cannabis license CAN NOT sell Delta-8 THC or THC-A that exceeds 0.3% THC.

Delaware
THC-A: Legal
Delta-8: Prohibited

The Delaware Department of Agriculture honors the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as the plant Cannabis sativa L and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9 THC concentration of not more than 0.3% on a dry weight basis.

With regard to Delta-8 hemp derived products the Delaware Department of Agriculture specifically that Delta-8 THC, a THC isomer, is a Schedule I Controlled Substance even if the total THC concentration is under 0.3% and therefore IS NOT LEGAL for sale in the state of Delaware.

Florida
THC-A: Legal
Delta-8: Legal

The Florida Department of Agriculture and Consumer Services honors the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as the plant Cannabis sativa L and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9 THC 8 concentration of not more than 0.3% on a dry weight basis. Florida does not have any restrictions on Delta-8 or THC-A hemp products.

Georgia
THC-A: Legal
Delta-8: Legal

The Georgia Department of Agriculture and Consumer Services honors the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as the plant Cannabis sativa L and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9 THC concentration of not more than 0.3% on a dry weight basis. Georgia does not have any restrictions on Delta-8 or THC-A hemp products.

Hawaii
THC-A: Prohibited
Delta-8: Legal

The Hawaii Department of Health DOES NOT honor the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as any hemp products having under than 0.3% Total THC content on a dry weight basis. Possession or distribution of such products in excess of Total 0.3% THC may be subject to federal, state, or local law enforcement action. This legislative action makes it illegal for any THC-A hemp derived products to be sold within the state of Hawaii. With that being said, there is nothing in the state legislation that restricts the sale of Delta-8 hemp derived products as long as the Total THC content is less than 0.3% on a dry weight basis.

Idaho
THC-A: Prohibited
Delta-8: Prohibited

According to the Idaho Office of Drug Policy, Idaho Code §37-2705(a) and (d)(19) and (27) define as schedule I controlled substances any “material, compound, mixture or preparation which contains any quantity’ of either marihuana” ((d)(19)) or “Tetrahydrocannabinols” (i.e., THC) ((d)(27)). Therefore, in order for a hemp product to be derived from the hemp plant to not be a controlled substance, two conditions must be met. First, the oil extract cannot contain “any quantity” of THC — not just less than .3%. Second, the oil extract cannot be deemed “marijuana” under Idaho Code §37-2701(t). 9 In sum, unless a hemp derived product contains absolutely no traces THC and is excluded from the definition of “marijuana” under Idaho Code §37-2701 (t)…, such product is a controlled substance in Idaho.

Illinois
THC-A: Legal
Delta-8: Legal

The Illinois Industrial Hemp Act honors the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as the plant Cannabis sativa L and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9 THC concentration of not more than 0.3% on a dry weight basis. Illinois does not have any restrictions on Delta-8 or THC-A hemp products.

Indiana
THC-A: Legal
Delta-8: Legal

The Indiana State Department of Agriculture honors the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as the plant Cannabis sativa L and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9 THC concentration of not more than 0.3% on a dry weight basis. Indiana does not have any restrictions on Delta-8 or THC-A hemp products.

Iowa
THC-A: Likely Prohibited
Delta-8: Likely Prohibited

The Iowa Department of Agriculture and Land Stewardship considers any products with a “Total THC Concentration of more than 0.3% on a dry weight basis illegal for sale within the state. n the updated legislation, Iowa defines hemp using a definition similar to the one used by federal legislation. Hemp and most hemp derived cannabinoids are now legal in the state, but the state unfortunately maintains a ban on tetrahydrocannabinols derived from cannabis in concentrations exceeding 0.3%. THC-A and Delta-8 hemp derived products can still be legal for sale within Iowa as long as the Total THC concentration is under 0.3%, which is most unlikely.

Kansas
THC-A: Legal
Delta-8: Legal

The Kansas Department of Agriculture honors the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as the plant Cannabis sativa L and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9 THC concentration of not more than 0.3% on a dry weight basis. Kansas does not have any restrictions on Delta-8 or THC-A hemp products.

Kentucky
THC-A: Legal
Delta-8: Legal

The Kentucky Department of Agriculture honors the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as the plant Cannabis sativa L and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9 THC concentration of not more than 0.3% on a dry weight basis. Kentucky does not have any restrictions on Delta-8 or THC-A hemp products.

Louisiana
THC-A: Legal
Delta-8: Legal

The Louisiana Department of Agriculture and Forestry honors the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as the plant Cannabis sativa L and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9 THC concentration of not more than 0.3% on a dry weight basis. Louisiana does not have any restrictions on Delta-8 or THC-A hemp products.

Maine
THC-A: Legal
Delta-8: Legal

The Maine Department of Agriculture, Conservation and Forestry honors the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as the plant Cannabis sativa L and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9 THC concentration of not more than 0.3% on a dry weight basis. Maine does not have any restrictions on Delta-8 or THC-A hemp products.

Maryland
THC-A: Legal
Delta-8: Legal

The Maryland Department of Agriculture honors the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as the plant Cannabis sativa L and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9 THC concentration of not more than 0.3% on a dry weight basis. Maryland does not have any restrictions on Delta-8 or THC-A hemp products.

Massachusetts
THC-A: Legal
Delta-8: Legal

The Massachusetts Department of Agriculture Resources honors the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as the plant Cannabis sativa L and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9 THC concentration of not more than 0.3% on a dry weight basis. Massachusetts does not have any restrictions on Delta-8 or THC-A hemp products.

Michigan
THC-A: Legal
Delta-8: Prohibited

The Michigan Department of Agriculture and Rural Development honors the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as the plant Cannabis sativa L and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9 THC concentration of not more than 0.3% on a dry weight basis.

With regard to Delta-8 hemp derived products the Michigan Department of Agriculture and Rural Development specifically that Delta-8 occurs naturally in small quantities in cannabis, however most of the commercially available delta-8 has been synthesized through a conversion process that uses a variety of chemicals to convert hemp-derived CBD into delta-8. Thus, Delta8 hemp derived products are illegal for sale in the State of Michigan.

Minnesota
THC-A: Prohibited
Delta-8: Legal

The Minnesota Department of Agriculture DOES NOT honor the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as any hemp products having under than 0.3% Total THC content on a dry weight basis. Possession or distribution of such products in excess of Total 0.3% THC may be subject to federal, state, or local law enforcement action. This legislative action makes it illegal for any THC-A hemp derived products to be sold within the state of Minnesota. With that being said, there is nothing in the state legislation that restricts the sale of Delta-8 hemp derived products as long as the Total THC content is less than 0.3% on a dry weight basis.

Mississippi
THC-A: Legal
Delta-8: Legal

The Mississippi Department of Agriculture and Commerce honors the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as the plant Cannabis sativa L and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9 THC concentration of not more than 0.3% on a dry weight basis. Mississippi does not have any restrictions on Delta-8 or THC-A hemp products.

MIssouri
THC-A: Legal
Delta-8: Legal

The Missouri Department of Agriculture honors the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as the plant Cannabis sativa L and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9 THC concentration of not more than 0.3% on a dry weight basis. Missouri does not have any restrictions on Delta-8 or THC-A hemp products.

Montana
THC-A: Legal
Delta-8: Prohibited

The Montana Department of Agriculture honors the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as the plant Cannabis sativa L and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9 THC concentration of not more than 0.3% on a dry weight basis.

With regard to Delta-8 hemp derived products the Montana Department of Agriculture specifically states that Delta-8 THC, a THC isomer, is a Schedule I Controlled Substance even if the total THC concentration is under 0.3% and therefore NOT LEGAL for sale in the state of Montana.

Nebraska
THC-A: Legal
Delta-8: Legal

The Nebraska Department of Agriculture honors the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as the plant Cannabis sativa L and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9 THC concentration of not more than 0.3% on a dry weight basis. Nebraska does not have any restrictions on Delta-8 or THC-A hemp products.

Nevada
THC-A: Legal
Delta-8: Prohibited

The Nevada Department of Agriculture Development honors the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as the plant Cannabis sativa L and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9 THC concentration of not more than 0.3% on a dry weight basis.

With regard to Delta-8 hemp derived products the Nevada Department of Agriculture passed SB49, which added Delta-8 THC to the state's list of banned compounds therefore making it ILLEGAL TO SELL Delta-8 products within the state.

New Hampshire
THC-A: Legal
Delta-8: Legal

The New Hampshire Department of Agriculture, Markets and Food honors the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as the plant Cannabis sativa L and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9 THC concentration of not more than 0.3% on a dry weight basis. New Hampshire does not have any restrictions on Delta-8 or THC-A hemp products.

New Jersey
THC-A: Legal
Delta-8: Legal

The New Jersey Department of Agriculture honors the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as the plant Cannabis sativa L and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9 THC concentration of not more than 0.3% on a dry weight basis. New Jersey does not have any restrictions on Delta-8 or THC-A hemp products.

New Mexico
THC-A: Legal
Delta-8: Legal

The New Mexico Department of Agriculture honors the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as the plant Cannabis sativa L and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9 THC concentration of not more than 0.3% on a dry weight basis. New Mexico does not have any restrictions on Delta-8 or THC-A hemp products.

New York
THC-A: Legal
Delta-8: Prohibited

The New York Department of Agriculture and Markets honors the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as the plant Cannabis sativa L and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9 THC concentration of not more than 0.3% on a dry weight basis.

The State of New York expressly prohibits Delta-8 THC other synthetic cannabinoid products derived from hemp. The regulations make permanent a previous temporary ban on Delta-8. expressly prohibit delta-8 THC other synthetic cannabinoid products derived from hemp. The regulations make permanent a previous temporary ban on Delta-8. Products may “not contain synthetic cannabinoids, or cannabinoids created through isomerization, including delta-8 tetrahydrocannabinol and delta-10 tetrahydrocannabinol,” under language in the rules.

North Carolina
THC-A: Legal
Delta-8: Legal

The North Carolina Department of Agriculture and Consumer Services honors the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as the plant Cannabis sativa L and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9 THC concentration of not more than 0.3% on a dry weight basis. North Carolina does not have any restrictions on Delta-8 or THC-A hemp products.

North Dakota
THC-A: Legal
Delta-8: Prohibited

The North Dakota Department of Agriculture and Markets honors the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as the plant Cannabis sativa L and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9 THC concentration of not more than 0.3% on a dry weight basis.

State lawmakers prohibited the use, possession, sale, distribution, purchase, production, and promotion of delta-8 products on April 26, 2021. All other THC isomers, including delta-7, delta-10, THC-O, and HHC, are also prohibited under North Dakota state law.

Ohio
THC-A: Legal
Delta-8: Legal

The Ohio Department of Agriculture honors the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as the plant Cannabis sativa L and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9 THC concentration of not more than 0.3% on a dry weight basis. Ohio does not have any restrictions on Delta-8 or THC-A hemp products.

Oklahoma
THC-A: Legal
Delta-8: Legal

The Oklahoma Department of Agriculture, Food and Forestry honors the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as the plant Cannabis sativa L and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9 THC concentration of not more than 0.3% on a dry weight basis. Oklahoma does not have any restrictions on Delta-8 or THC-A hemp products.

Oregon
THC-A: Prohibited
Delta-8: Prohibited

Oregon Department of Agriculture DOES NOT honor the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as any hemp products having under than 0.3% Total THC content. Delta-8 and THC-A will not be compliant under Oregon law unless they both test under 0.3% Total THC.

Pennsylvania
THC-A: Legal
Delta-8: Legal

The Pennsylvania Department of Agriculture honors the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as the plant Cannabis sativa L and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9 THC concentration of not more than 0.3% on a dry weight basis. Pennsylvania does not have any restrictions on Delta-8 or THC-A hemp products.

Rhode Island
THC-A: Prohibited
Delta-8: Prohibited

Rhode Island Department of Business Regulation DOES NOT honor the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as any hemp products having under than 0.3% Total THC content. Rhode Island requires testing of industrial hemp and hemp products to ensure that it does not exceed the three tenths of one percent (0.3%) Total THC level, as required by R.I. Gen. Laws § 2-26-3(8). Delta-8 and THC-A will not be compliant under Rhode Island law unless they both test under 0.3% Total THC.

South Carolina
THC-A: Legal
Delta-8: Legal

The South Carolina Department of Agriculture honors the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as the plant Cannabis sativa L and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, 18 salts, and salts of isomers, whether growing or not, with a Delta-9 THC concentration of not more than 0.3% on a dry weight basis. South Carolina does not have any restrictions on Delta-8 or THC-A hemp products.

South Dakota
THC-A: Legal
Delta-8: Legal

The South Dakota Department of Agriculture honors the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as the plant Cannabis sativa L and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9 THC concentration of not more than 0.3% on a dry weight basis. South Dakota does not have any restrictions on Delta-8 or THC-A hemp products.

Tennessee
THC-A: Legal
Delta-8: Legal

The Tennessee Department of Agriculture honors the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as the plant Cannabis sativa L and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9 THC concentration of not more than 0.3% on a dry weight basis. Tennessee does not have any restrictions on Delta-8 or THC-A hemp products.

Texas
THC-A: Legal
Delta-8: Legal

The Texas Department of Agriculture honors the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as the plant Cannabis sativa L and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9 THC concentration of not more than 0.3% on a dry weight basis. Texas does not have any restrictions on Delta-8 or THC-A hemp products.

Utah
THC-A: Legal
Delta-8: Prohibited

The Utah Department of Agriculture and Food honors the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as the plant Cannabis sativa L and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9 THC concentration of not more than 0.3% on a dry weight basis.

However, Utah prohibits Delta-8, considers it a Schedule I controlled substance, and regulates Delta-8 products under its medical marijuana program. This restriction and regulation of Delta-8 mean the use, possession, sale, distribution, and promotion of Delta-8 products are prohibited under state law but available to medical cannabis patients in licensed dispensaries. All other THC isomers are also restricted in Utah. THC isomers include delta-7, delta-10, THC-O, and HHC.

Vermont
THC-A: Legal
Delta-8: Prohibited

The Vermont Agency of Agriculture Food and Markets honors the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as the plant Cannabis sativa L and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9 THC concentration of not more than 0.3% on a dry weight basis.

The Vermont Hemp Rules were adopted in May 2020 and ban the “use of synthetic cannabinoids in the production of any hemp product or hemp-infused product.” Vermont Hemp Rules § 6.3. So, while naturally occurring delta-8-THC is not barred from hemp or hemp products, Vermont producers cannot manufacture the delta-8-THC cannabinoid from hemp.

Virginia
THC-A: Legal
Delta-8: Legal

The Virginia Department of Agriculture and Consumer Services honors the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as the plant Cannabis sativa L and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9 THC 20 concentration of not more than 0.3% on a dry weight basis. Virginia does not have any restrictions on Delta-8 or THC-A hemp products

Washington
THC-A: Legal
Delta-8: Prohibited

The Washington Department of Agriculture honors the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as the plant Cannabis sativa L and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9 THC concentration of not more than 0.3% on a dry weight basis.

Delta-8 THC is restricted in Washington under state law and considered a controlled substance, provided the product is made from delta-8 synthetically converted CBD. The state bans the purchase, sale, distribution, and production of delta-8 products as well as other THC Isomers, including Delta-10 and THC-O.

West Virginia
THC-A: Legal
Delta-8: Legal

The West Virginia Department of Agriculture honors the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as the plant Cannabis sativa L and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9 THC concentration of not more than 0.3% on a dry weight basis. West Virginia does not have any restrictions on Delta-8 or THC-A hemp products.

Wisconsin
THC-A: Legal
Delta-8: Legal

The Wisconsin Department of Agriculture, Trade and Consumer Protection honors the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as the plant Cannabis sativa L and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9 THC concentration of not more than 0.3% on a dry weight basis. Wisconsin does not have any restrictions on Delta-8 or THC-A hemp products.

Wyoming
THC-A: Legal
Delta-8: Legal

The Wisconsin Department of Agriculture honors the 2018 Farm Bill for state’s legalities of hemp products and defines ‘hemp’ as the plant Cannabis sativa L and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9 THC concentration of not more than 0.3% on a dry weight basis. Wyoming does not have any restrictions on Delta-8 or THC-A hemp products.