Where is Delta-8 legal in the US? Where is it banned?


Delta-8 is a psychoactive cannabis compound that has become hugely popular in the United States over the past few years. This is especially true in states where adult-use marijuana is illegal, as Delta-8 is technically legal under the US Farm Bill.

You can think of Delta-8 as the generally less psychoactive cousin of Delta-9 THC, the compound mostly responsible for getting you high when you smoke traditional weed. While Delta-8 and Delta-9 are both forms of THC, Delta-8 is technically legal under federal law because the US Farm Bill stipulates that, for a cannabis product to be legal, it must contain less than 0.03 percent Delta-9 THC. Delta-8 is not mentioned.

People seeking the potential health benefits of cannabis without a strong high have turned to Delta-8 products such as oils, vapes, and edibles. Delta-8 comes with a host of reported therapeutic and recreational benefits.

On the other hand, some experts argue that Delta-8 may contain harmful substances due to the way it is manufactured. This argument has made Delta-8 a controversial product and has led many states to ban Delta-8 products completely. Right now it is legal in 31 states and the District of Columbia, and either banned or stuck in a legal grey zone in the remaining states.

If you are wondering if Delta-8 is legal in your state, we’ve got you covered. Here’s a full list of where Delta-8 is legal but not regulated, where it is regulated, and where it is banned.

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States where Delta-8 is legal

Delta-8 is available and fully legal in these 31 states:

  • Alabama
  • Arizona
  • Arkansas
  • Connecticut
  • Florida
  • Georgia
  • Hawaii
  • Illinois
  • Indiana
  • Kansas
  • Kentucky
  • Maine
  • Massachusetts
  • Michigan
  • Mississippi
  • Missouri
  • Nebraska
  • New Hampshire
  • New Jersey
  • New Mexico
  • North Carolina
  • Ohio
  • Oklahoma
  • Pennsylvania
  • Tennessee
  • Texas
  • Virginia
  • Washington
  • West Virginia
  • Wisconsin
  • Wyoming

Delta-8 is also available in the District of Columbia.

It’s worth pointing out that, in a number of states, Delta-8 is not explicitly legal or illegal. One such state is California. In these states, residents generally defer to federal law.

Note that this list may change over time as states reexamine their laws surrounding Delta-8 THC.

RELATED: Where is cannabis legal in the United States? (Medical marijuana and CBD included)

States where Delta-8 is legal and regulated

Delta-8 THC is treated the same way as recreational cannabis in both Connecticut and Michigan. It is a legal product, and it is regulated by the state government to help with quality assurance.

In Michigan, House Bill 4517, which passed in July 2021, made it illegal to sell Delta-8 products outside of licensed marijuana retailers. This is also true of other THC products.

In Connecticut, Delta-8 can only be bought from licensed cannabis retailers. In July 2021, the state passed a law that legalized adult-use cannabis and added Delta-8 to the definition of marijuana and THC.

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States where Delta-8 is illegal

A number of states have passed legislation specifically prohibiting Delta-8. States that have banned Delta-8 include:

  • Alaska
  • Colorado
  • Delaware
  • Idaho
  • Iowa
  • Montana
  • New York
  • Nevada
  • North Dakota
  • Oregon
  • Rhode Island
  • Vermont
  • Utah
  • Washington

Again, the laws surrounding delta-8 THC are subject to change. They can also be contradictory and unequally enforced, which is why certain states are grey areas for Delta-8 products.


Delta-8 is technically legal under the 2018 US Farm Bill. However, certain states have moved—or are attempting to move—to make it either illegal, or at least better regulated. The confusion about Delta-8 has pushed the product into a legal grey area in several states, discouraging many from trying it.

We’ve highlighted where each state stands on Delta-8 at the moment so you can consume responsibly. But keep an eye on the news so you’re informed when a new state bans Delta-8.

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