Delta-8 CBD
State Regulations
A State-by-State Review
Alabama
Delta-8 is legal in Alabama following the passage of SB 225 in 2019, but can only be sold to adults aged 21 or over. SB 225 legalized hemp using the same wording as the 2018 Farm Bill, and this is generally considered to have legalized delta-8 THC along with any other cannabinoids contained in a hemp plant, provided there is less than 0.3% delta-9 THC.
Alabama lawmakers also passed SB 66 in 2023, after a failed attempt to outright ban delta-8 in 2021. This bill makes it illegal to sell delta-8 THC (and other intoxicating hemp cannabinoids) to anyone aged under 21. Learn more: Delta-8 Laws in Alabama
Alaska
Despite having legalized cannabis, delta-8 THC is not legal in Alaska. Unlike in many states, Alaska’s hemp law (SB 27) doesn’t make an exemption to the controlled substances bill for the THCs in hemp, although it does exempt them from the definition of marijuana. This means that delta-8 THC products are still classed as Schedule IIIA controlled substances in the state, and can’t be sold legally. Newly passed regulations which take effect on November 3rd, 2023, go even further and explicitly forbid all hemp products containing THC (11 AAC 40.400(d)/page 17), specifically mentioning cannabinoids made from industrial hemp extracts (e.g. delta-8). Learn more: Delta-8 Laws in Alaska
Arizona
Delta-8 THC is legal in Arizona, but lawmakers are struggling to pass bills regulating the cannabinoid. In May 2018, the legislature passed SB 1089, which used the 2014 Farm Bill definition of hemp and created a pilot program. This bill also included a key provision, which states that if authorized under federal law, hemp manufacturing and commerce is allowed outside of this pilot program.
This means that delta-8 THC became legal in Arizona with the passage of the 2018 Farm Bill, which is widely considered to have legalized delta-8 THC and any other hemp cannabinoids. In turn, the controlled substances bill also references the federal-level list, which exempts hemp from all relevant definitions. In short, Arizona hitched its law to federal law, and so delta-8 THC is legal in the state.
Learn more: Delta-8 Laws in Arizona
Arkansas
Delta-8 in Arkansas is legal. The state passed Act 629 to prohibit delta-8 THC, delta-10 THC and other THCs, and to change the delta-9 THC limit to 0.3% of the CBD content. However, Bio Gen, LLC challenged the state in court, and the court prevented the enforcement of the act. This means Act 629 has been blocked (at least until the case is resolved) and delta-8 THC remains legal in the state under Act 565.
Learn more: Delta-8 Laws in Arkansas
California
Delta-8 is restricted in California under state law. Delta-8 THC products can be sold legally, but only if they’re derived from marijuana and sold in state-licensed dispensaries. The Department of Cannabis Control (DCC) was tasked with producing a report on including hemp-derived delta-8 in the adult-use market, but this has yet to be completed. This means you can’t buy hemp-derived delta-8, but you can purchase up to 28.5 grams of marijuana-derived delta-8 from a licensed dispensary.
Learn more: Delta-8 Laws in California
Colorado
Delta-8 THC is not legal in Colorado, despite marijuana itself being legally available in the state. Despite SB 19-220 legalizing hemp in line with the 2018 Farm Bill, in May 2021, the Colorado Department of Public Health and Environment issued a notice stating that chemically modifying naturally-occurring cannabinoids from hemp is incompatible with the definition of “industrial hemp product.” In essence, this means that the state considers any commercial delta-8 THC product to not be hemp.
This issue was clarified by SB 23-271, which re-affirmed the above and also established a 1.75 mg limit of any THC for “non-intoxicating” hemp products. Delta-8 THC could theoretically have been sold in the legal marijuana industry, but the Marijuana Enforcement Division also issued a notice stating that the process used to make delta-8 THC is not permitted for adult-use marijuana products either.
Learn more: Delta-8 Laws in Colorado
Connecticut
Delta-8 THC is legal in Connecticut but effectively all commercial products are classified and regulated as cannabis products. HB 6699 was signed into law in June 2023, and creates a category of “high THC hemp products,” which (using edibles as an example) contain more than 1 mg of total THC per serving (including delta-8, delta-9 and others) or more than 5 mg per container. Since delta-8 THC products tend to contain much more than this, Connecticut law requires them to be sold in state-licensed marijuana dispensaries, and comply with all regulations that exist for cannabis.
Learn more: Delta-8 Laws in Connecticut
Delaware
Hemp delta-8 THC is not legal in Delaware, despite the state legalizing marijuana in 2023. The reason for this comes down to Delaware’s unusual hemp law (SB 266), which uses the 2014 Farm Bill definition of hemp and doesn’t make exemptions to the state’s controlled substances laws. “Any tetrahydrocannabinols” are listed in Schedule I, so hemp-derived delta-8 THC is illegal in the state. However, after legalizing marijuana, any delta-8 THC derived from marijuana would be considered marijuana and would therefore be legal provided it stays within possession limits.
Learn more: Delta-8 Laws in Delaware
Florida
Hemp-derived delta-8 is legal in Florida under state law (SB 1020), meaning its use, possession, sale, distribution and production is permitted within its borders without risk of penalty or prosecution. SB 1676, passed in 2023, makes it illegal to sell hemp-derived delta-8 (and other hemp extracts) to anyone aged under 21. Note that delta-8 derived from marijuana is not legal in Florida.
Learn more: Delta-8 Laws in Florida
Georgia
The legality of delta-8 THC in Georgia is currently unclear as a result of ongoing legal action. The Georgia Hemp Farming Act (HB 213) used the same definitions as the 2018 federal Farm Bill, and this is generally considered to have legalized delta-8 THC. However, the Gwinnett County District Attorney argued in early 2022 that delta-8 THC was not exempted from the state’s controlled substances bill. The legal action surrounding this issue is ongoing.
Learn more: Delta-8 Laws in Georgia
Hawaii
Delta-8 THC is not legal in Hawaii. Specifically, although HB 1819 followed the definitions used in the 2018 Farm Bill and so likely legalized delta-8 THC derived from hemp, the Department of Health revised its hemp rules in 2022. From February 24th, 2022, delta-8 THC (along with delta-10, HHC and others) have been banned in the state, because of the “isomerization” process used to create them. However, journalists and Reddit users have confirmed it was still sold (illegally) as of April 2023.
Learn more: Delta-8 Laws in Hawaii
Idaho
Idaho is renowned for having the toughest hemp laws in the country. No hemp-derived product can carry any percentage of THC or its isomers, as outlined under HB 126 and in the Idaho Uniform Controlled Substances Act. Despite HB 126 defining “hemp” in line with the 2018 Farm Bill, hemp was not excluded from the state’s controlled substances bill in the same way as in federal law. In fact, any THC present creates a presumption that the substance is “marijuana,” not “hemp,” so delta-8 THC is illegal in the state. Likewise, marijuana and marijuana-derived delta-8 are strictly forbidden.
Learn more: Delta-8 Laws in Idaho
Illinois
Hemp-derived delta-8 is legal in Illinois, as outlined in its Industrial Hemp Act, but it must only be sold as hemp and not in state-licensed marijuana dispensaries. Despite some confusion surrounding a Department of Agriculture policy document released in March 2022, the policy only bans adult use and medical cannabis licensees from converting hemp CBD to delta-8 THC. This does not apply to hemp licensees, so delta-8 THC derived from compliant hemp can be sold legally as hemp.
Learn more: Delta-8 Laws in Illinois
Indiana
The legal status of delta-8 THC in Indiana is unclear, pending the result of ongoing legal action. While SB 516 defined hemp in line with the 2018 Farm Bill and exempted hemp from the state’s definition of marijuana, it didn’t exempt it from the definition of THCs. This led state Attorney General Todd Rokita to issue an opinion in January 2023 stating that delta-8 THC is illegal in the state. For this, the state has been sued by 3Chi and the Midwest Hemp Council, but the case is ongoing.
Learn more: Delta-8 Laws in Indiana
Iowa
The vast majority of commercial delta-8 THC products are not legal in Iowa, but it’s technically not outright banned. The Iowa Hemp Act defines hemp in the same way as federal law, but states that hemp products can only contain a “tetrahydrocannabinol [THC] concentration” of 0.3% on a dry weight basis. This doesn’t specify delta-9 THC, so this means that the combined amount of all THCs must remain under this limit, and so most delta-8 THC products would be illegal.
Additionally, the law also makes it illegal to sell any hemp products for inhalation.
Learn more: Delta-8 Laws in Iowa
Kansas
Most commercial delta-8 THC products are illegal in Kansas, although it’s technically possible to sell it legally and it is reportedly sold illegally across the state. HB 2167 used the 2014 Farm Bill’s (less detailed) definition of “hemp” in establishing the Kansas hemp program, but the 0.3% THC limit applies to delta-9 THC and its optical isomers. This means that the only delta-8 THC products that can legally be sold in the state are ones with combined THC of less than 0.3%, and almost no commercial products meet this standard.
However, many stores still stock and sell delta-8 THC products as of August 2023.
Learn more: Delta-8 Laws in Kansas
Kentucky
Delta-8 THC remains legal in Kentucky following a legal dispute in 2021 and 2022. HB 197 legalized hemp in line with the 2018 Farm Bill, but in April 2021, the state Department of Agriculture published a letter stating that while delta-9 THC (at less than 0.3%) was exempted from the state’s controlled substances bill, delta-8 THC was not. The Kentucky Hemp Association filed a lawsuit, essentially arguing that the exemption was not “narrow” in the way the Department of Agriculture suggested. The court sided with the Hemp Association.
Governor Andy Beshear issued an executive order in November 2022 explicitly stating that delta-8 THC is legal. In August 2023, rules were established prohibiting sales of delta-8 THC (and other THCs) to anyone aged under 21.
Learn more: Delta-8 Laws in Kentucky
Louisiana
Delta-8 is legal in Louisiana, provided it is only sold to adults aged 21 or over and contains less than 8 mg of combined THC per serving. Louisiana’s hemp law was written in line with the 2018 Farm Bill through HB 491 in 2019, and clarified substantially through 2022’s HB 758. The latter bill created a category of “adult use consumable hemp products,” which can’t be sold to anybody aged under 21 and can contain a maximum of 8 mg of THCs per serving. Essentially all commercial delta-8 THC products fall into this category.
Learn more: Delta-8 Laws in Louisiana
Maine
Delta-8 THC is legal in Maine. State law defines hemp in the same way as the 2018 Farm Bill, and explicitly includes products derived from hemp, including food products. This means that delta-8 THC is legal in the state when derived from hemp, and adult use cannabis is also legal in the state, so marijuana-derived delta-8 THC is allowed too.
Learn more: Delta-8 Laws in Maine
Maryland
Delta-8 THC is legal in Maryland following the Maryland Hemp Coalition winning a temporary injunction against the state. This ruling prevents the state from enforcing HB 556, which limited hemp products to 0.5 mg of THC (any THC) per serving and 2.5 mg per package, effectively confining delta-8 THC to the marijuana industry. However, the court has temporarily prevented this provision from being enforced, because it creates a monopoly for the marijuana industry. The case has yet to be concluded.
In the meantime, delta-8 THC products are legal through HB 1123, which follows the definitions of the 2018 Farm Bill, but SB 788 enforces a minimum age of 21 on delta-8 or delta-10 THC.
Learn more: Delta-8 Laws in Maryland
Massachusetts
Hemp-derived delta-8 THC is not legal in Massachusetts. While state law defines hemp in line with the 2018 Farm Bill, it also gives rulemaking authority to the Department of Agricultural Resources and allows them to decide allowable uses of hemp. In turn, the department released a set of rules and a policy statement on the (limited) products available in the state, and specifically commented that hemp delta-8 THC is not permitted.
As a result, hemp-derived delta-8 THC cannot be sold in Massachusetts. However, marijuana is legal in the state, and marijuana-derived delta-8 THC may be sold as part of the regulated marijuana program.
Learn more: Delta-8 Laws in Massachusetts
Michigan
Michigan regulates delta-8 THC as part of its marijuana program and only allows marijuana-derived delta-8 to be sold. In 2019, the state passed HB 4744, which essentially wrote the 2018 Farm Bill into state law, but clarified this law in 2021 with HB 4517. Under HB 4517, the total amount of all THCs (including THCa, delta-8 and others) in hemp has to be below 0.3% by dry weight.
The result of this is that delta-8 THC products can only be sold in dispensaries licensed by the Cannabis Regulatory Agency (CRA), to adults aged 21 or over. While the CRA proposed a plan to allow hemp-derived delta-8 THC in the marijuana industry, it was eventually axed because of safety concerns. This means that only marijuana-derived delta-8 THC can be sold in the state.
Learn more: Delta-8 Laws in Michigan
Minnesota
Delta-8 THC is legal but regulated in Minnesota, and will become part of the state’s regulated marijuana industry from March 2025. Minnesota state law defines “hemp” in the same way as the 2018 Farm Bill, but further restrictions were passed in 2022 (HF 4065) and the state’s adult-use marijuana legislation (HF 100) which passed in 2023. Currently, delta-8 THC products can be sold to adults (21+) in edible cannabinoid products, provided they have less than 0.3% of any THC, less than 5 mg of THC per serving and less than 50 mg per container.
These rules expire in March 2025, when delta-8 THC will only be available from state-licensed dispensaries.
Learn more: Delta-8 Laws in Minnesota
Mississippi
Delta-8 THC is technically not legal in Mississippi, but it is still sold anyway. State lawmakers passed SB 2725 in 2020. This bill defined hemp in the same way as the 2018 Farm Bill, and removed “hemp” from the definitions of marijuana and THC in the state’s controlled substances list (sections § 41-29-113(d)(23) and (31)(v)). However, when it comes to products designed for human consumption (and not hemp plant material) the legislation only made an exemption for products that are approved by the FDA from the state’s controlled substances list (section § 41-29-113(d)(31)(vi). Additionally, the bill didn’t fund the program, so the only way to cultivate hemp in the state is by getting approval from the USDA.
Since no delta-8 THC products are (or likely would be) approved by the FDA, this means that no products are exempt from the limitations of the controlled substances bill. There are complications, though, with police officers in the state claiming that because vape pens often contain less than one “dosage unit”, they cannot charge people with a crime.
However, even edible delta-8 THC products are still available for sale in the state.
Learn more: Delta-8 Laws in Mississippi
Missouri
Delta-8 THC is legal in Missouri following the passage of HB 2034 in 2018. This bill defines hemp in a slightly different way to the 2018 Farm Bill (which was passed later that year), but has still led to an explosion of delta-8 THC products in hemp stores. This isn’t regulated as part of the adult use or medical cannabis programs, but it’s possible that marijuana-derived delta-8 THC will be sold in dispensaries in the state in the future.
However, as in Mississippi, there is no funding for the state hemp program as of 2023, so producers must apply for licensing through the USDA.
Learn more: Delta-8 Laws in Missouri
Montana
Delta-8 THC is not legal in Montana. The state passed HB 948 in 2023, and this bill defines synthetic cannabinoids to include any cannabinoids produced artificially, and bans them from sale. Not only does the bill modify the definition of hemp so that it doesn’t include synthetic cannabinoids, it also bans anybody (including licensed marijuana dispensaries) from selling a synthetic cannabinoid.
Since all delta-8 THC products are manufactured in this way, delta-8 is not legal in the state.
Learn more: Delta-8 Laws in Montana
Nebraska
Delta-8 is legal in Nebraska. The state passed LB 657 in 2019, which legalized hemp in line with the 2018 Farm Bill, and took the necessary step of removing hemp from the relevant parts of the state’s controlled substances bill. This means that delta-8 THC is legal in Nebraska provided it is part of hemp or a hemp product with less than 0.3% delta-9 THC. There are reports that some police departments are using an older law to cite people for using delta-8 THC, but this is not common and other officers completely disagree.
Learn more: Delta-8 Laws in Nebraska
New Hampshire
Delta-8 THC products can’t be legally sold in New Hampshire as of October 7th, 2023 following the passage of HB 611 in August. HB 459 established the New Hampshire hemp industry in 2019, using the 2014 Farm Bill definition of hemp, and delta-8 THC was assumed to be legal in the state. However, HB 611 adds a line stating that nothing in state hemp law allows the sale of products containing any THC at over 0.3% by dry weight. This covers essentially all commercial delta-8 THC products.
Learn more: Delta-8 Laws in New Hampshire
New Jersey
Delta-8 THC is legal in New Jersey following the passage of the New Jersey Hemp Farming Act in 2019. This replaced the pilot program that was established the previous year and removed hemp from the relevant parts of the state’s controlled substances list. This legalized delta-8 THC in the state, but didn’t do much else, with the state not even having a minimum age for purchase written in law. In May 2023, lawmakers proposed A5440, which would ban delta-8 in the state if it is signed into law.
Learn more: Delta-8 Laws in New Jersey
New Mexico
Delta-8 THC is legal in New Mexico. In 2019, the state passed HB 581 (aka the Hemp Manufacturing Act), which defined hemp in line with the 2018 Farm Bill, removing hemp and its THCs from the controlled substances list in the state and allowing its sale. As happened around the country as a result of similar laws, this had the effect of legalizing delta-8 THC in the state, provided that the product contains less than 0.3% delta-9 THC by dry weight.
Learn more: Delta-8 Laws in New Mexico
New York
Delta-8 can’t be legally sold as hemp in New York. The state’s Cannabinoid Hemp Regulations prohibit any hemp products which include cannabinoids created through isomerization, which is one name for the process used to produce delta-8 THC from CBD. This means that effectively every delta-8 product on the market is banned from being sold as hemp in the state. Any delta-8 THC products would have to be derived from marijuana sold through the adult use or medical marijuana market to be sold legally. However, there are reports that delta-8 THC products are sold illegally in New York.
Learn more: Delta-8 Laws in New York
North Carolina
Delta-8 is legal in North Carolina, following the passage of SB 455 in 2022. North Carolina’s bill came long after the Farm Bill because of a dispute over rules around smokeable hemp, which put the brakes on attempts in both 2019 and 2020. SB 455 finally passed in 2022, using the 2018 Farm Bill definition of hemp and without a ban on smokeable hemp. There is currently no age limit to purchase hemp, though, which legislators are attempting to address through HB 563.
Learn more: Delta-8 Laws in North Carolina
North Dakota
Delta-8 is illegal in North Dakota following the passage of SB 2096. In 2021, HB 1045 made it illegal to use chemical isomerization to convert CBD into other cannabinoids, which covers effectively all commercial delta-8 THC products. SB 2096 made it more explicit: if a product contains delta-8 THC, HHC, THCP or other “chemically derived cannabinoids” it is not hemp in North Dakota law. Simply put, delta-8 THC is a controlled substance in North Dakota.
Learn more: Delta-8 Laws in North Dakota
Ohio
Hemp-derived delta-8 is legal in Ohio following the passage of SB 57, which legalized hemp in the state and removed it from the relevant portions of the controlled substances list. The bill makes it legal to buy and even sell hemp products without a license, but these are needed to grow or process hemp into a product. Additionally, medical marijuana producers have to include delta-8, delta-10 and other THCs in their dosage calculations and show the quantities of each on product packaging.
Learn more: Delta-8 Laws in Ohio
Oklahoma
Delta-8 THC is legal in Oklahoma. The state established a hemp pilot program in 2018 with HB 2913, and made it a permanent program a year later through SB 868. The result of these bills is that Oklahoma law defines hemp in the same way as the 2018 Farm Bill, and SB 868 also exempts it from the definitions of marijuana and THC in the state’s controlled substances list. With no further legislation passed on the topic, delta-8 THC remains legal in Oklahoma.
Learn more: Delta-8 Laws in Oklahoma
Oregon
Delta-8 THC is not legal in Oregon. Although the state’s original hemp law defined “industrial hemp” in a way that was considered to have included delta-8 THC, further rules make it clear that delta-8 THC cannot be sold as hemp nor as an adult use marijuana product. In both cases, the law forbids selling products containing “artificially derived cannabinoids,” which are defined in a way which includes delta-8 THC as found in commercial products.
Learn more: Delta-8 Laws in Oregon
Pennsylvania
The legal status of delta-8 THC in Pennsylvania is not clear, owing to difficulty interpreting HB 967, the state’s hemp law. This was passed in 2016, and defines hemp in line with the 2014 Farm Bill, which doesn’t explicitly mention that all hemp cannabinoids are legal. The bigger issue is that it didn’t exclude hemp from the state’s controlled substances bill, so many people – including District Attorneys and County Drug Task Forces – believe it is illegal. However, it is still sold in the state despite the threat of police action.
In a recently filed litigation, a vape shop in Lancaster Pennsylvania commenced a lawsuit against the District Attorney stemming from the DA’s ”warrantless raid and seizure” of delta-8 THC products. In addition to monetary damages, the vape shop is asking a federal court to declare that all hemp-derived products, including delta-8 THC products, that contain less than 0.3% delta-9 THC are not subject to enforcement under PA’s Controlled Substances Act.
Learn more: Delta-8 Laws in Pennsylvania
Rhode Island
Hemp-derived delta-8 THC is not legal in Rhode Island. While the state established a hemp program through the Hemp Growth Act, which passed in 2016, the state didn’t exempt hemp components from the controlled substances list in the same way as many other states. While the definition for marijuana exempts hemp, THC includes no exemption and lists delta-8 THC specifically. Rhode Island has legalized marijuana, so it’s possible that delta-8 THC products derived from marijuana are legal, although they are not allowed in the medical marijuana program.
Learn more: Delta-8 Laws in Rhode Island
South Carolina
South Carolina’s hemp law, H3449, legalized hemp in line with the 2018 Farm Bill, but there is substantial dispute around delta-8 THC. Attorney General Alan Wilson claimed in an opinion – written to Police Chief Mark Keel – that it doesn’t make an exception to the controlled substances list for hemp. This resulted in raids on stores in the state which believed they were operating legally.
The situation is complicated, though, because “hemp” was exempted, and its definition appears to include delta-8 THC based on the most common interpretations. The industry argues that “all cannabinoids” in hemp are exempted, but Wilson argues that the exemption must be specific for each cannabinoid, and this wasn’t done for delta-8. This will have to be resolved either in court or with further lawmaking.
Learn more: Delta-8 Laws in South Carolina
South Dakota
Delta-8 THC is legal in South Dakota, but a 2022 bill limits sales to adults aged 21 or over. South Dakota’s hemp law was largely established through HB 1008, which followed the blueprint laid down by the 2018 Farm Bill and legalized delta-8 THC. In 2022, the state passed HB 1292, a one-page bill simply making it illegal to give or sell intoxicating hemp products to anyone under 21, and to make possession illegal for minors.
Learn more: Delta-8 Laws in South Dakota
Tennessee
Delta-8 is legal in Tennessee, but can only legally be sold to adults aged 21 or over. Tennessee’s hemp program was established by SB 357, which defined hemp in line with the 2018 Farm Bill and exempted hemp from the relevant parts of the state’s controlled substances list. In 2023, SB 378 took things further, by classifying delta-8 THC, delta-10, HHC and other intoxicating cannabinoids as “hemp derived cannabinoids” and establishing regulations for lab testing and packaging, as well as a minimum age of 21.
Tennessee’s bill makes it one of the least ambiguous states when it comes to delta-8 THC: it is explicitly legal in the state but it is also regulated and taxed.
Learn more: Delta-8 Laws in Tennessee
Texas
Delta-8 is temporarily legal in Texas following a long and arduous battle between state lawmakers and delta-8 vendors. HB 1325 legalized hemp based on the 2018 Farm Bill definition, but the Department of State Health Services claimed that delta-8 THC was illegal in late 2021. Hometown Hero sued them, and won a temporary injunction against the ban.
The injunction is only “temporary” but this really means “until the legal action is resolved.” There was a hearing on September 5th, 2023, but the action is still not resolved and so delta-8 THC remains legal.
Learn more: Delta-8 Laws in Texas
Utah
Hemp-derived delta-8 THC is not legal in Utah, unless you get it through the state’s medical marijuana program. HB 227 passed in 2023, and creates a category of “artificially derived cannabinoids,” which is defined in a way that covers all delta-8 THC products. Artificially derived cannabinoids are classified as adulterants in the law, which means it’s illegal to sell any products containing them. Proposed rules would allow artificially derived cannabinoids like delta-8 THC in the medical marijuana program provided they are at least 95% pure.
Learn more: Delta-8 Laws in Utah
Vermont
Delta-8 THC is not legal in Vermont, either in the regulated marijuana industry or as hemp. For hemp-derived delta-8 THC, the Vermont Hemp Rules explicitly ban the use of any “synthetic cannabinoids” in the production of any hemp product. For marijuana, an emergency rule adopted in 2023 bans the use of any artificially-produced THC in adult-use products in the state.
Learn more: Delta-8 Laws in Vermont
Virginia
Delta-8 THC is not legal to sell in Virginia, unless the product meets very specific dosage requirements. While HB 1839 legalized hemp in 2019, using the usual Farm Bill definitions, future legislative actions have all-but-banned delta-8 THC in the state. The 2023 bill SB 903 stipulates that any hemp product must have no more than 2 mg of any THC per package, unless there is 25 times more CBD than THC.
This means that basically all commercial delta-8 THC products cannot be legally sold in the state (but some appear to still be sold illegally). While the state has legalized cannabis and marijuana-derived delta-8 THC is technically legal, legal recreational sales are not expected any time soon.
On September 1, 2023 hemp companies sued the Commonwealth in federal court, asking the court to enjoin enforcement of the newly passed legislation. The hemp companies argue that the 2018 Farm Bill preempts Virginia’s new “total THC” standard. As of the date of this article, the court has not yet issued a decision.
Learn more: Delta-8 Laws in Virginia
Washington
Delta-8 THC is not legal in Washington. While the state legalized hemp in line with the 2018 Farm Bill with SB 5276, a combination of new laws and regulations mean that it can’t be sold legally in the state, either through the regulated cannabis industry or as hemp. First, a policy statement from the state Liquor and Cannabis Board made it illegal to sell cannabinoids produced by isomerization in state-licensed dispensaries, meaning that sale as “hemp” was the only option for delta-8 THC.
However, 2023’s SB 5367 made a big change to the way products are classified, making it so that any product intended for human consumption with any detectable THC is a cannabis product. Combined with the policy that means delta-8 THC can’t be sold in licensed cannabis stores, this means delta-8 THC is completely banned in the state.
Learn more: Delta-8 Laws in Washington
Washington D.C.
Delta-8 THC is not legal in Washington D.C., but local stores sell it anyway. Washington D.C. never actually passed a hemp law and has no definition of “hemp” in its district statutes. Additionally, the district’s controlled substances list includes it by name, and even though marijuana is legal in D.C., it’s unclear whether delta-8 THC would be considered “marijuana” or “hashish” under the district’s definitions, or possibly neither.
Overall, then, since it is a listed controlled substance with no clear exemption, delta-8 THC is illegal in Washington D.C.. However, as with the “gray market” for marijuana in the district, delta-8 is still sold and law enforcement seems to do very little – if anything – about it.
West Virginia
Delta-8 THC is not legal in West Virginia. While the state’s definition of hemp as part of the Industrial Hemp Development Act matches the 2018 Farm Bill definition, the legislature passed SB 220 in 2023, which sets up rules for hemp-derived cannabinoids. The bill permits the sale of naturally-occurring, non-synthetic and non-“contaminated” cannabinoids – within the usual 0.3% delta-9 limit – but explicitly defines “contaminated” in a way that includes all commercial delta-8 THC products. This means (unless it was produced naturally, which is frankly unrealistic) that essentially all delta-8 THC products are banned in the state.
Learn more: Delta-8 Laws in West Virginia
Wisconsin
Delta-8 is legal in Wisconsin. The state defines hemp in the same way as the 2018 Farm Bill, and makes the necessary exemptions to the controlled substances list for the THCs in hemp. Despite this, the Wisconsin Legislative Council argued in an Issue Brief that the chemical conversions used to turn CBD into delta-8 THC make it illegal in both state and federal law. However, this statement isn’t binding and until further clarification is written in law, delta-8 should be considered legal in the state.
Learn more: Delta-8 Laws in Wisconsin
Wyoming
Delta-8 THC is legal in Wyoming, with a minimum age of 18 for edibles and vaping products. The state legalized hemp with HB 171, which uses the same definition of hemp as the 2018 Farm Bill, and exempts hemp products from the state’s controlled substances schedules. In early 2023, legislators passed HB 108, a short bill that establishes a minimum age of purchase of 18 for edible THC and vaping products.
Additionally, there is a draft bill being considered (as of September 2023) that would add delta-8 THC to Schedule I, although it already includes delta-6 THC (a name for delta-8 under an old numbering system). The bill clearly needs work, but this is one to keep an eye on.
Learn more: Delta-8 Laws in Wyoming