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Understanding the Legality of Delta-8 THC

The rise in delta-8 THC products in marijuana and hemp marketplaces has increased the availability of psychoactive cannabis products, even in states, territories, and tribal nations where non-medical adult cannabis use is not permitted under law. The popularity of Delta-8 THC started in 2020 and was largely a surprise, driven by media reports that it allows for a “legal high.” Delta-8 THC products have quickly become a popular alternative to heavily regulated and more expensive marijuana products that have higher concentrations of delta-9 THC, the primary psychoactive and intoxicating cannabinoid in marijuana.

So what is Delta-8 THC?

Delta-8 is one of 113 cannabinoids found in varieties of cannabis (hemp or marijuana) and a variant of delta-9-tetrahydrocannabinol (THC). It’s psychoactive and intoxicating, causing a “high” when consumed. It can come in edible form or it can be consumed through vaporization. Some people believe that this drug does not carry much of the psychoactive properties which are associated with marijuana and Delta 9 THC.

Is Delta-8 THC Legal?

Delta-8 THC is considered legal at the federal level because it is derived from the hemp plant, instead of marijuana. However, on a state level, Delta 8 THC is legal in many, but not all, states. There are some states that have legalized it for medical use only, but there are still quite a few that restrict its usage to a certain extent or ban it completely. There are even some states that criminalize the possession of Delta 8. If you live in one of these states, then you should avoid possession of Delta 8 THC.

Is Delta-8 THC Legal In My State?

Laws and regulations of Delta-8 THC products are constantly changing.

Currently, it is legal to purchase and or possess Delta-8 THC in these states:

  • Alabama
  • California
  • Florida
  • Georgia
  • Hawaii
  • Illinois
  • Indiana
  • Kansas
  • Maine
  • Maryland
  • Massachusetts
  • Minnesota
  • Missouri
  • New Hampshire
  • New Jersey
  • New Mexico
  • North Carolina
  • Ohio
  • Oklahoma
  • Oregon
  • Pennsylvania
  • South Carolina
  • South Dakota
  • Tennessee
  • Texas
  • Virginia
  • Washington
  • West Virginia
  • Wisconsin
  • Wyoming
  • Washington D.C.

States where Delta-8 THC is regulated and treated the same as recreational cannabis:

  • Connecticut
  • Michigan
  • Nevada

States where Delta-8 THC is Illegal:
The below states consider hemp-derived Delta-8 THC illegal.

  • Alaska
  • Arizona
  • Arkansas
  • Colorado
  • Delaware
  • Idaho
  • Iowa
  • Louisiana
  • Montana
  • New York
  • North Dakota
  • Rhode Island
  • Vermont
  • Utah

Please note that this blog is for informational purposes only and not intended as legal advice. As states continue to enact new regulations, the future legality of Delta-8 TCH products remains unclear.

Jerry Taylor is a Business Development Executive for Diamond Media Solutions.

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