In the United States, twelve states have preemptively restricted or outright banned Delta-8 THC, prompting outcry from users, companies, manufacturers and sellers in the cannabis industry. Four other states are currently reviewing its legal status. Here's an updated look at the legality of Delta-8 THC in each state. Alaska does not allow the use, possession, sale, distribution, or production of Delta-8 and classifies it as a Schedule IIIA controlled substance under state law.
Possession of Delta-8 ranges from a class C misdemeanor to a felony, depending on the amount and intent. In Arkansas, Delta-8 is classified as a Schedule IV controlled substance alongside other tetrahydrocannabinols such as delta-10 and HHC. However, the state health department has not explicitly prohibited or allowed the use, possession, sale or production of Delta-8 products. California restricts Delta-8 under state law.
The use, possession, sale, distribution and production of Delta-8 products derived from hemp and marijuana are regulated. While you can't have any hemp-derived product with more than 0.3% Delta-8 THC, you can buy up to 28.5 grams of marijuana-derived Delta-8 at an authorized dispensary. Surprisingly, Delta-8 isn't legal in Colorado despite very relaxed medical and recreational marijuana laws. The state does not allow the use, possession, sale, distribution and production of Delta-8 products following a notice from the Colorado Department of Health & Environment (CDPHE).
Delta-8 is not legal in Delaware either. The state clarifies that all tetrahydrocannabinols are prohibited substances under Schedule I of its Uniform Controlled Substances Act. Penalties for possession of the Delta-8 range from fines to extended periods of imprisonment depending on the amount and intent. Hemp-derived Delta-8 is legal in Florida under state law, meaning that its use, possession, sale, distribution and production are allowed within its borders without risk of sanction or prosecution.
There are also no limits on possession. However, Delta-8 derived from marijuana is not legal in Florida. Hemp-derived Delta-8 is legal in Illinois and its use, possession, sale, distribution, purchase and production are permitted by Illinois state law as described in its Industrial Hemp Act. Delta-8 laws in Iowa are confusing.
This is likely an illegal controlled substance and law enforcement is turning a blind eye to sellers who openly sell Delta-8 products in the state. Chapter 124 of the Iowa Controlled Substances Act states that all tetrahydrocannabinools are Schedule I controlled substances. The Iowa Department of Agriculture's Land Administration & also officially states that the possession and manufacture of Delta-8 products are prohibited. Delta-8 is provisionally legal in Kansas but the state's attorney general published a controversial opinion piece stating that the use, possession and sale of Delta-8 products are “illegal” unless they contain no more than 0.3% of total tetrahydrocannabinols. Delta-8 is restricted and regulated in Minnesota following House File 359 which limits edible hemp products to 5 mg of THC per serving (50 mg per package). All other hemp products can only contain up to 0.3% tetrahydrocannabinol including Delta-8, delta-9, delta-10 and HHC. Delta-8 is perfectly legal in Missouri following House Bill 2034 which legalized hemp and hemp derived compounds. It is not considered a controlled substance under state law under the Nebraska Hemp Cultivation Act (statutory bill 65).
This bill means that the use, possession, sale, distribution, purchase and production of hemp derived delta 8 is legal in Nebraska under state and federal law. In conclusion, twelve states have preemptively restricted or outright banned Delta 8 THC while four other states are currently reviewing its legal status. It is important to stay up to date with your local laws regarding this cannabinoid as they can change quickly.
