Delta-8 THC — Legal Status by State

Delta-8 THC is a cannabinoid derived from hemp that produces mild psychoactive effects. Following the 2018 Farm Bill, many states have moved to explicitly ban or regulate it.

🗺️

Is Delta-8 Legal in All 50 States? (2026 Map)

Complete state-by-state breakdown and interactive map

9 Legal

29 Restricted

12 Illegal

Delta-8 THC Legality Map

Legal

Restrictions

Illegal

Unverified

All 50 States

State	Status	Summary
Alabama	ILLEGAL	Delta-8 THC is considered a controlled substance under Alabama law due to its psychoactive properties. The Alabama Unifo...	Details →
Alaska	LEGAL	Alaska allows the sale and possession of Delta-8 THC derived from hemp under state law. The Alaska Marijuana Control Boa...	Details →
Arizona	LEGAL	Arizona permits the sale and possession of Delta-8 THC derived from hemp under the Arizona Revised Statutes § 36-2851, w...	Details →
Arkansas	ILLEGAL	Arkansas law (Arkansas Code § 5-64-101) classifies Delta-8 THC as a Schedule I controlled substance if synthetically der...	Details →
California	LEGAL	California allows Delta-8 THC derived from hemp under the California Department of Public Health regulations and the Adu...	Details →
Colorado	LEGAL	Colorado permits Delta-8 THC derived from hemp under the Colorado Department of Revenue Marijuana Enforcement Division r...	Details →
Connecticut	ILLEGAL	Connecticut classifies Delta-8 THC as a controlled substance under Public Act No. 21-1, which prohibits synthetic cannab...	Details →
Delaware	LEGAL	Delaware permits Delta-8 THC derived from hemp under the Delaware Hemp Program (Delaware Code Title 3, Chapter 25). Delt...	Details →
Florida	RESTRICTED	Florida law (Florida Statutes § 893.03) classifies Delta-8 THC as a Schedule I controlled substance if synthetically der...	Details →
Georgia	RESTRICTED	Georgia law (O.C.G.A. § 16-13-30) prohibits synthetic cannabinoids including Delta-8 THC if produced via chemical conver...	Details →
Hawaii	RESTRICTED	Hawaii has not explicitly banned Delta-8 THC, but the state regulates THC products under its cannabis laws. Delta-8 deri...	Details →
Idaho	ILLEGAL	Idaho explicitly bans Delta-8 THC under its controlled substances laws. The state classifies all tetrahydrocannabinols, ...	Details →
Illinois	RESTRICTED	Illinois allows hemp-derived cannabinoids but prohibits Delta-8 THC products that exceed 0.3% delta-9 THC or are not pro...	Details →
Indiana	ILLEGAL	Indiana classifies Delta-8 THC as a Schedule I controlled substance under state law. The Indiana Code explicitly prohibi...	Details →
Iowa	ILLEGAL	Iowa prohibits Delta-8 THC under its controlled substances laws. The state classifies all tetrahydrocannabinols as Sched...	Details →
Kansas	ILLEGAL	Kansas explicitly bans Delta-8 THC under its controlled substances act. The state classifies all tetrahydrocannabinols a...	Details →
Kentucky	RESTRICTED	Kentucky allows hemp-derived cannabinoids but prohibits Delta-8 THC products that exceed 0.3% delta-9 THC or are not pro...	Details →
Louisiana	RESTRICTED	Louisiana permits hemp-derived cannabinoids but regulates Delta-8 THC under its cannabis laws. Delta-8 products must com...	Details →
Maine	LEGAL	Maine allows the sale and possession of hemp-derived Delta-8 THC products under its cannabis and hemp laws. The state re...	Details →
Maryland	RESTRICTED	Maryland allows hemp-derived cannabinoids but regulates Delta-8 THC under its cannabis laws. Delta-8 products must compl...	Details →
Massachusetts	RESTRICTED	Massachusetts allows hemp-derived cannabinoids including Delta-8 THC under the state's cannabis laws, but the Massachuse...	Details →
Michigan	LEGAL	Michigan permits the sale and possession of hemp-derived Delta-8 THC products under the Michigan Regulation and Taxation...	Details →
Minnesota	RESTRICTED	Minnesota law prohibits Delta-8 THC products that are synthesized or converted from CBD, as per Minnesota Statutes §152....	Details →
Mississippi	ILLEGAL	Mississippi explicitly bans Delta-8 THC under Mississippi Code §41-29-139, which prohibits synthetic cannabinoids includ...	Details →
Missouri	LEGAL	Missouri permits hemp-derived Delta-8 THC products under the Missouri Industrial Hemp Program, provided the Delta-9 THC ...	Details →
Montana	RESTRICTED	Montana law restricts Delta-8 THC under the Montana Controlled Substances Act, which classifies synthetic cannabinoids a...	Details →
Nebraska	ILLEGAL	Nebraska prohibits Delta-8 THC under the Nebraska Uniform Controlled Substances Act, which includes synthetic cannabinoi...	Details →
Nevada	LEGAL	Nevada allows hemp-derived Delta-8 THC products under the Nevada Hemp Program, provided the Delta-9 THC content is below...	Details →
New Hampshire	RESTRICTED	New Hampshire restricts Delta-8 THC under RSA 318-B:2, which prohibits synthetic cannabinoids. Delta-8 derived through c...	Details →
New Jersey	RESTRICTED	New Jersey restricts Delta-8 THC under the New Jersey Controlled Dangerous Substances Act and the Cannabis Regulatory, E...	Details →
New Mexico	RESTRICTED	New Mexico allows hemp-derived cannabinoids including Delta-8 THC under the New Mexico Hemp Extract Act (NMSA 1978, § 26...	Details →
New York	RESTRICTED	New York permits hemp-derived cannabinoids including Delta-8 THC under the state's hemp program (Agriculture and Markets...	Details →
North Carolina	RESTRICTED	Delta-8 THC is legal with restrictions in North Carolina under N.C. Gen. Stat. § 106-568.90 et seq. Products must contai...	Details →
North Dakota	ILLEGAL	North Dakota classifies Delta-8 THC as a controlled substance under North Dakota Century Code § 19-03.1-02(14), effectiv...	Details →
Ohio	RESTRICTED	Delta-8 THC is legal with restrictions in Ohio. 51 and the Ohio Department of Agriculture's hemp program. Products must ...	Details →
Oklahoma	RESTRICTED	Delta-8 THC is legal with restrictions in Oklahoma under 2 O.S. § 1-1520 et seq. Products must contain less than 0.3% De...	Details →
Oregon	RESTRICTED	Oregon prohibits Delta-8 THC under the Oregon Health Authority's rules for cannabis and hemp products (OAR 333-007-0200)...	Details →
Pennsylvania	RESTRICTED	Pennsylvania does not explicitly ban Delta-8 THC but regulates it under the state's Controlled Substance, Drug, Device a...	Details →
Rhode Island	RESTRICTED	Rhode Island allows hemp-derived cannabinoids including Delta-8 THC under the Rhode Island Hemp Act (R.I. Gen. Laws § 21...	Details →
South Carolina	RESTRICTED	Delta-8 THC is legal with restrictions in South Carolina under S.C. Code Ann. § 46-53-10 et seq. Products must contain l...	Details →
South Dakota	ILLEGAL	South Dakota has banned Delta-8 THC under its controlled substances laws. The state classifies Delta-8 THC as a Schedule...	Details →
Tennessee	RESTRICTED	Tennessee allows hemp-derived cannabinoids but restricts Delta-8 THC if it exceeds 0.3% Delta-9 THC. Under Tenn. Code An...	Details →
Texas	RESTRICTED	Texas permits Delta-8 THC products derived from hemp under the Texas Agriculture Code § 121.001, provided Delta-9 THC co...	Details →
Utah	RESTRICTED	Utah permits hemp-derived cannabinoids including Delta-8 THC under Utah Code Ann. § 4-41-101 et seq., but products must ...	Details →
Vermont	RESTRICTED	Delta-8 THC is legal with restrictions in Vermont. S.A. § 1001 et seq., as long as Delta-9 THC does not exceed 0.3%. The...	Details →
Virginia	RESTRICTED	Delta-8 THC is legal with restrictions in Virginia. Code Ann. § 3.2-4118, provided Delta-9 THC content is below 0.3%. Th...	Details →
Washington	ILLEGAL	Washington State prohibits Delta-8 THC under the Washington Administrative Code WAC 314-55-010, classifying it as a Sche...	Details →
West Virginia	RESTRICTED	West Virginia allows hemp-derived cannabinoids including Delta-8 THC under W. Va. Code § 19-2E-1 et seq., but products m...	Details →
Wisconsin	RESTRICTED	Wisconsin permits hemp-derived cannabinoids including Delta-8 THC under Wis. Stat. § 94.55, but products must contain le...	Details →
Wyoming	RESTRICTED	Wyoming allows hemp-derived cannabinoids including Delta-8 THC under Wyo. Stat. § 11-18-101 et seq., provided Delta-9 TH...	Details →

Interactive Legal Tools

⚖

State Comparison

Compare Delta-8 THC laws

🚗

Road Trip Checker

Check laws along your route

📝

Legal Knowledge Quiz

Test your knowledge

Delta-8 THC — Legal Status by State

Delta-8 THC Legality Map

All 50 States

Interactive Legal Tools

Related Topics

Cookie Settings