In other words, HHC could be illegal in Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, New York, Rhode Island and Utah. States preemptively restrict or outright ban THC delta-8 as federal regulators step in to clarify its legality. States restricted or banned delta-8 THC, prompting outcry from users, companies, manufacturers and sellers in the cannabis industry. States that ban delta-8 THC? Which ones have already banned it? What do the federal government and the DEA have to do with this? Currently, 12 United States,.
States have restricted or banned delta-8 THC and four other states are currently reviewing its legal status. Here's updated information on whether delta-8 THC is available and legal in your state. We work day and night to bring you the latest news about the state legality of delta-8 and its products. 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.
List IIIA includes all tetrahydrocannabinols, such as delta-10 and THC-O. Possession of delta-8 ranges from a class C misdemeanor to a felony, depending on the amount and intent. The Delta-8 in Arkansas is undoubtedly legal. Under state law, Arkansas classifies delta-8 as a Schedule IV controlled substance, placing it alongside other tetrahydrocannabinols, such as delta-10 and HHC.
However, according to an official source, the state health department has not explicitly prohibited or allowed the use, possession, sale or production of delta-8 products, leaving it to the discretion of local law enforcement to take action if necessary. Delta-8 is restricted in California 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.
Check out the latest Delta-8 updates in California. 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 %26 Environment (CDPHE). The notice states that “chemically modifying or converting any natural cannabinoid in industrial hemp does not meet the legal definition of an 'industrial hemp product'.
As a result, Colorado considers delta-8 to be a controlled substance, as described in SB 14-184 and the Uniform Controlled Substances Act. Delta-8 is not legal in Delaware, which means that the state does not allow the use, possession, sale, distribution and production of delta-8 products under state law. While Delaware recently decriminalized the simple possession of marijuana in small quantities, 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. Marijuana and compounds derived from marijuana are strictly illegal.
Learn more about the legal status of the delta-8 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. However, following warnings from the FDA and CDC about the safety of delta-8, Illinois lawmakers tried to regulate delta-8 products, but not to restrict or ban them altogether. The bill passed in the Senate, but failed in the House.
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 %26 also officially states that the possession and manufacture of delta-8 products are prohibited.
According to Internal File 2581, all inhalable cannabis products (including delta) are illegal. Inhalable products include vaporizer pens, flowers and pre-rolls. Delta-8 is provisionally legal in Kansas. However, 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.
This combined percentage of THC would basically ban all delta-8 products. Delta-8 is restricted and regulated in Minnesota. The state recently passed a law (House File 359) that 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.
No one under the age of 21 can purchase these products. Basically, this bill has prevented the sale and distribution of most delta-8 products, banning them and banishing them from legal existence. Learn more about the legal status of the delta-8 in Minnesota. Delta-8 is perfectly legal in Missouri and does not classify it as a controlled substance following the passage of House Bill 2034, which legalized hemp and hemp-derived compounds.
This bill means that the use, possession, sale, distribution, purchase and production of hemp-derived delta-8 is legal under state law. Marijuana is illegal, but decriminalized if caught with 10 grams or less. Penalties for possession of marijuana or delta-8 derived from marijuana are punishable by a fine. However, it is still classified as a misdemeanor.
It is not considered a controlled substance under state law under the Nebraska Hemp Cultivation Act (statutory bill 65). It was later amended and revised, as its existing hemp laws coincide with the federal Agricultural Improvement Act (Agricultural Act). 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. Learn more about delta-8 in Nebraska.
Delta-8 is legal, but is restricted and regulated by existing state cannabis laws under Senate Bill 42, signed by Steve Sisolak. This bill allows the sale and distribution of hemp products containing more than 0.3% of delta-8 and delta-9 through the state's regulated cannabis network. All sellers of delta-8 and its products must be licensed by the Nevada Cannabis Compliance Board (NCCB). Unlicensed sellers cannot sell delta-8 in any form.
However, reports indicate that unlicensed delta-8 products are widely and illegally available throughout the state. Learn more about the legal status of delta-8 in Nevada. Delta-8 is illegal in New York. The sale, distribution and production of delta-8 products are banned in the state following an announcement by the New York Cannabis Control Board (CCB), citing lack of security and improper labeling.
Later, a CCB spokesman stated that delta-8 could later be regulated through an adult program similar to its recreational marijuana program. However, it is not clear whether the use and possession of hemp-derived delta-8 or marijuana are punishable under state law. Learn more about the legal status of the delta-8 in New York. Hemp-derived delta-8 is legal under Oklahoma State law and is not listed as a controlled substance after the enactment of the Oklahoma Industrial Hemp Program.
This law legalized hemp and hemp-derived compounds, including delta-8, meaning that the use, possession, sale, distribution, purchase and production of delta-8 products is perfectly legal throughout the state. Kevin Stitt later signed a bill that excluded delta-8 from the definition of marijuana, allowing physical retail stores and online retailers to sell delta-8 products. However, recreational marijuana and delta-8 derived from marijuana are not legal. Delta-8 is legal in South Carolina, but Attorney General Alan Wilson says that delta-8 products derived from hemp plants with a federal THC limit of 0.3% are not allowed anywhere in the state.
Wilson's comment on the legality of the delta-8 in South Carolina means that the use, possession, sale, distribution and production of delta-8 products are in a gray area, but are probably not officially banned. Learn more about the legality of delta-8 in South Carolina. However, more than a month later, the Texas Department of State Health Service (DSHS) updated its website, claiming that delta-8 is an illegal controlled substance banned in the state. Hometown Hero, an Austin-based delta-8 seller, fought against DSHS, sued them and sought a court order.
In November, the court granted Hometown Hero's request for a temporary injunction, declaring delta-8 legal for the time being. Learn more about the legal status of delta-8 in Texas (and keep up to date with any recent changes with a timeline of live events). Delta-8 is restricted and regulated by current state medical marijuana laws, meaning that only patients with medical marijuana with a qualifying condition can use, possess and purchase delta-8 products. All delta-8 companies and their products must be licensed by the state health department.
There are reports of unlicensed sellers selling delta-8 products across the state with very little trouble from law enforcement. See the latest updates in Utah. The state does not consider it a controlled substance under its Drug Control Act, following House Bill 1839, which legalized hemp and hemp-derived compounds, separating them from compounds derived from marijuana and marijuana. Therefore, the use, possession, sale, distribution, purchase and production of delta-8 products are legal under state law.
Similarly, marijuana and marijuana-derived delta-8 are also legal in Virginia, meaning that the use and possession of marijuana-derived delta-8 is not prohibited by state law. Learn more about the legal status of the delta-8 in Virginia. Earlier this year, West Virginia lawmakers sought to restrict and regulate delta-8 with Senate Bill 666, introduced by Senator Woodrum. Fortunately, this bill didn't pass and died soon after.
Therefore, delta-8 remains legal and is not classified as a controlled substance under state law, meaning that the use, possession, sale, distribution, and production of delta-8 products are permitted without risk of sanction or processing. However, this ruling does not consider delta-8 to be legal or protected in the U.S. UU. It is not clear if other jurisdictions will uphold this judgment.
The FDA also opposes the use, possession and sale of the delta-8 and sends warning letters to sellers who supposedly sell illegal delta-8 products. States currently regulate, restrict, or completely prohibit delta-8 products. Delta-8 is one of the 113 cannabinoids found in cannabis varieties (hemp or marijuana) and a variant of delta-9-tetrahydrocannabinol (THC). It's psychoactive and intoxicating, and causes a “high” when consumed.
States are restricting or banning delta-8 is the result of confusing, contradictory and unclear federal guidelines. This confusion led Delta-8 to a legal gray area. Were delta-8 users using a potentially illegal substance? Were the producers of the delta-8 creating a controlled substance? Did the delta-8 vendors sell banned products? These questions had vague answers and the concerns were (and still are) very real. Within this final rule, the DEA stated that all tetrahydrocannabinols “of synthetic origin” remain Schedule I controlled substances.
Why is it so important and how does it relate to the delta-8? Well, for companies to have enough delta-8 THC in their products, it must be converted from cannabidiol (CBD) through a structural isomerization process carried out under laboratory conditions. Amidst the chaos, many have forgotten about the Federal Analogical Act, an important section of the Controlled Substances Act (CSA) created to fight synthetic “designer drugs” in the 1980s. The specific purpose of the Federal Analogical Law is to identify chemicals and substances that are significantly similar to illegal drugs and to classify them as controlled substances in Schedule I or Schedule II of the CSA. In this case, it's not far-fetched to suggest that delta-8, a chemically similar analogue of federally illegal delta-9 THC, is actually a controlled substance.
Why? Because it is a psychoactive and intoxicating delta-9 variant of THC that has recently become an unregulated market, with very little research to verify its effects. The mass exodus of delta-8 THC across the U.S. It has been received quite silently. This is not surprising, to be honest.
States have been extremely covert about their handling of the delta-8 for the past month or so. The dizzying pace at which the delta-8 is currently banned doesn't help either. One of the most notable answers is that of the United States Hemp Authority, a renowned external hemp certification agency. The president of the agency, Marielle Weintraub, Ph, D.
States aren't likely to stop doing so, simply because it's now perceived as a federally controlled substance. At this time, the United States Hemp Authority will not certify any delta-8 products. New York has now become the most recent in the United States. Amendments by the New York State Department of Health to the Official Collection of Codes, Rules and Regulations of the State of New York prohibit manufacturers, companies and sellers from producing, selling and distributing delta-8 products.
Delta-8 will reportedly be regulated by the Michigan Marijuana Regulatory Agency (MRA), but there is no talk of outright banning the cannabinoid. Delta-8 producers must have their products go through official procedures and undergo rigorous testing before going on sale to ensure public health and safety. While the health and safety of Michigan residents are important, some smaller hemp and delta-8 producers will now face tougher financial obstacles. As the federal government approaches and many of the United States,.
States are struggling to close legal loopholes, the fate of the delta-8 doesn't look good. What is worrying is that the federal government and its band of cheerful men from the DEA will be relentless in their attempt to shut down the delta-8, leaving users, manufacturers, producers and sellers of hemp in trouble. The booming delta-8 market is a gold mine for many hemp companies and getting rid of it will be a serious blow. States will continue to fight against attempts by the federal government to close the thriving delta-8 market for THC so that delta-8 remains available to people in need across the country.
Because of Arizona's confusing state laws, we believe that HHC is illegal in this state. While recreational delta 9 is legal, THC isomers such as delta 8 or HHC are considered Schedule I drugs. Preliminary research conducted so far seems to indicate that the safety profile of HHC is comparable to that of THC. People who use HHC often experience feelings of euphoria, relaxation and calm similar to those they experience with THC.
The Illinois Department of Agriculture recently stated that hemp and its derivatives could not be used to synthesize intoxicating isomers, such as HHC or THC delta 8. HHC is likely illegal in Colorado because the state specifically prohibits “chemically modified” THC isomers, such as delta 8 and 10.HHC derived from hemp. It is legal in Michigan as long as it contains less than 0.3% THC and only certified dispensaries can sell and distribute it. .