Is Delta 8 Legal? Differences in State Laws

Delta-8 has grown in popularity the last few years, especially in states where marijuana use is illegal. Delta-8, or D8 comes in a variety of forms: vapes, edibles, oils, bud, and more. Like THC, the effects of D8 can vary, depending on your height, weight, and age, as it’s also derived from the cannabis plant and is known for its therapeutic effects.

However, also like THC, delta-8 isn’t legal everywhere. Before you start trying delta-8 products, it’s important to know if delta-8 is legal in your state. If it isn’t, you risk buying low-quality and even potentially dangerous delta-8 from unapproved suppliers.

Where Is Delta-8 Legal?

At the federal level, delta-8 is considered legal, since it is derived from the hemp plant and not marijuana. Even though this is true, many states only legalized it specifically for medical use; other states have its usage restricted, at least to a certain extent.

The legality of delta-8 is a current issue and is still under review, but as of March 10th, 2022, delta-8 is available and allowed to be used in 26 states:

· Florida

· Georgia

· Hawaii

· Indiana

· Kansas

· Louisiana

· Maine

· Maryland

· Massachusetts

· Minnesota

· Missouri

· Nebraska

· New Hampshire

· New Jersey

· New Mexico

· North Carolina

· Ohio

· Pennsylvania

· South Carolina

· South Dakota

· Tennessee

· Texas

· Virginia

· West Virginia

· Wisconsin

· Wyoming

Delta-8 Legality

In a lot of states, the possession and use of delta-8 is criminalized and could result in a large fine or criminal charge. If you are unsure about the drug laws in your state, you can talk to a local drug crimes attorney.

As of March 10th, 2022, these 20 states have banned, regulated, and/or restricted delta-8:

· Alaska

· Arizona

· Arkansas

· California

· Colorado

· Connecticut

· Delaware

· Idaho

· Iowa

· Kentucky

· Michigan

· Mississippi

· Montana

· Nevada

· New York

· North Dakota

· Rhode Island

· Utah

· Vermont

· Washington

There are still 4 states who are currently reviewing their legal status of delta-8: Alabama, Illinois, Oklahoma, and Oregon. The legality of delta-8 is an ongoing and current issue, so these states could be reviewing their legal status for an unknown amount of time. Stay up to date on current events surrounding CBD, delta-8, and delta-10 on the Hempdropz blog.

State Laws CBD

Because hemp-derived products are protected under the 2018 Farm Bill, CBD is legalized everywhere. However, delta-8 is not, as it’s not identified as a controlled substance. The future is unknown, but as of right now, delta-8 is not legalized everywhere. Where it is legal, every shop who sells delta-8 must have a license for it.

If you’re interested in trying CBD or delta-8, it’s essential to get it from a high-quality source. If your provider is hesitant to show you their license, that’s not a good sign.

At Hempdropz, all our products are legal and organic, as well as free from pesticides, GMOs, contaminates, and heavy metals. We source our hemp from Colorado farms that are both approved and regulated, so you can always be sure you’re getting the best when you shop with us. View our products online, or stop into our locations in Fargo or East Grand Forks.