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Where is delta 8 legal? Delta 8 legal states and where it is illegal

Each state's delta-8 THC status, read from its own statutes, rules and agency guidance, with a link to the state's full guide and sources.

By CannaWorldMarket editorial team · Sources read through · Not legal advice.

Updated

We review these pages weekly and when laws change, but they aren't exhaustive and aren't legal advice. Laws change and we can make mistakes, so always check official sources before you buy, sell or travel.

As of , our 51 state guides record delta-8 as legal in 1, legal with limits in 22, illegal in 22, without a state law that names it in 1 and unsettled in 5.

States where delta 8 is legal

  • North Carolina Legal, statuteSchedule VI leaves out THC in products within 0.3% delta-9; no age limitSources read

What this means for products

  • From December 11, 2026, products over the federal limit on THC per container leave this shop: 164 products today, mostly gummies and tinctures.
  • Still available here, with no THC: tinctures, gummies and chews, capsules, topicals, pet products and mushroom products.

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What states is delta 8 legal with limits?

  • Alabama Legal with limits, statuteCounts as THC within the caps; chemically converted cannabinoids are bannedSources read
  • Connecticut Legal with limits, statuteCounts as THC toward the 0.5 mg, 1 mg and 5 mg linesSources read
  • Florida Legal with limits, statuteNot named in law; sold as hemp extract, 21 and older if eaten or inhaledSources read
  • Georgia Legal with limits, session lawNot named; any consumable hemp product is 21 and older with a lab reportSources read
  • Illinois Legal with limits, session lawCounts toward the 0.4 mg a container limit; stronger products are cannabisSources read
  • Kansas Legal with limits, ag opinionAG Opinion 2021-4: lawful only from hemp, in a lawful product within 0.3% total THCSources read
  • Kentucky Legal with limits, regulationAn adult-use product: 21 and older, sold only by stores with a cabinet permitSources read
  • Louisiana Legal with limits, statuteCounts toward total THC: 5 mg a serving and 40 mg a package, 21 and olderSources read
  • Maine Legal with limits, statuteA potentially intoxicating cannabinoid: 21 and older, child-resistant packsSources read
  • Maryland Legal with limits, statuteCounts as THC: over the 0.5 mg line only in dispensaries, and 21 and older for any delta-8Sources read
  • Michigan Legal with limits, statuteEvery tetrahydrocannabinol, delta-8 included, counts toward the 0.3 percent limitSources read
  • Nevada Legal with limits, statuteCounted as THC toward the hemp limit; synthetic cannabinoids barred for hemp producersSources read
  • New Hampshire Legal with limits, statuteOver 0.3% THC not authorized under RSA 439-A:4; 21 and older for any THC from 2027Sources read
  • New Mexico Legal with limits, regulationConverted cannabinoids barred at New Mexico hemp facilities since August 1, 2025Sources read
  • Oregon Legal with limits, statuteAn adult use cannabinoid: 21 and older from 0.5 mgSources read
  • Rhode Island Legal with limits, regulationIsomers count toward the limits; converting CBD into THC needs a varianceSources read
  • Tennessee Legal with limits, bill textNamed as a hemp-derived cannabinoid: 21 and older, licensed stores, no shippingSources read
  • Utah Legal with limits, agency guidanceA THC analog that counts toward the THC caps, the department says; 21 and olderSources read
  • Virginia Legal with limits, statuteCounts as THC toward 2 mg a package; 21 and older; synthetic THC derivatives barredSources read
  • Washington Legal with limits, statuteAny detectable THC means licensed cannabis stores only; synthetics barredSources read
  • Washington DC Legal with limits, agency guidanceThe ABC Board names hemp delta-8 as cannabis; synthetic cannabinoids are Schedule ISources read
  • West Virginia Legal with limits, statuteAllowed when naturally occurring, 21 and older; acetates are refusedSources read

Where is delta 8 illegal? States where delta 8 is illegal

  • Alaska Illegal, regulationNon-naturally occurring cannabinoids may not be endorsed; the Division lists delta-8Sources read
  • Arizona Illegal, ag opinionAG Opinion I24-005: cannabis, sold only by licensed marijuana sellersSources read
  • Arkansas Illegal, session lawConverted delta-8 is Schedule VI, and any total THC above zero is bannedSources read
  • California Illegal, regulationCounts as THC, so hemp food may hold none; synthesized cannabinoids are barredSources read
  • Colorado Illegal, statuteNamed intoxicating; may not be made or distributed as a hemp productSources read
  • Hawaii Illegal, statuteArtificially derived cannabinoids are barred; natural delta-8 counts as THCSources read
  • Idaho Illegal, statuteSchedule I lists THC isomers; no statute or ruling carves out delta-8Sources read
  • Indiana Illegal, ag opinionAG Opinion 2023-1 calls delta-8 Schedule I; the courts have not settled itSources read
  • Iowa Illegal, regulationThe rules list delta-8 as a synthetic product registered sellers may not sellSources read
  • Minnesota Illegal, statuteHemp edibles may hold no artificially derived cannabinoid but delta-9, and THC made from CBD is oneSources read
  • Mississippi Illegal, ag opinionFalls under the AG's 2025 reading that unapproved ingestible hemp products are prohibitedSources read
  • Missouri Illegal, statuteFrom November 12, 2026, products with cannabinoids converted outside the plant are not hempSources read
  • Montana Illegal, statuteSynthetic cannabinoids are barred; the Revenue Department names delta-8 among themSources read
  • New Jersey Illegal, session lawSynthesized cannabinoids and products over 0.4 mg THC a container barred since April 13, 2026Sources read
  • New York Illegal, regulationPart 114 bars cannabinoids made by isomerization, naming delta-8 and delta-10Sources read
  • North Dakota Illegal, statuteNDCC 4.1-18.1-04.4 bars selling hemp products that contain delta-8Sources read
  • Ohio Illegal, statuteDelta-8 made outside the plant is not hemp; any counts toward 0.4 mgSources read
  • South Carolina Illegal, ag opinionStays in Schedule I, in the Attorney General's 2021 opinionSources read
  • South Dakota Illegal, statuteSDCL 34-20B-118 bars hemp products with chemically derived cannabinoidsSources read
  • Texas Illegal, regulationOnly naturally occurring trace amounts; DSHS THC definitions back from July 31, 2026Sources read
  • Vermont Illegal, regulationDelta-8 made by chemical conversion is prohibited unless registered as a cannabis productSources read
  • Wyoming Illegal, statuteDelta-8 is in Schedule I and counts toward the 0.3% THC limitSources read

States with no settled answer

  • Delaware UnknownNo statute names delta-8; Schedule I and the hemp definition are not reconciledSources read
  • Massachusetts UnknownMDAR's delta-8 position could not be read; tetrahydrocannabinols are Class CSources read
  • Nebraska UnknownNo statute names it; Attorney General suits had produced no ruling on it that we foundSources read
  • Oklahoma UnknownSB 1257 does not say whether a delta-8 product is now marijuanaSources read
  • Pennsylvania No state law foundNo Pennsylvania law on delta-8 enacted as of November 12, 2026Sources read
  • Wisconsin UnknownNo statute names delta-8; no ruling or Attorney General opinion settles itSources read

Common questions

Is delta 8 legal in all states?

No. As of November 12, 2026, 22 jurisdictions bar delta-8 under state law, and 22 allow it only with limits; the rest are listed above with their sources.

What states is delta 8 illegal?

As of November 12, 2026: Alaska, Arizona, Arkansas, California, Colorado, Hawaii, Idaho, Indiana, Iowa, Minnesota, Mississippi, Missouri, Montana, New Jersey, New York, North Dakota, Ohio, South Carolina, South Dakota, Texas, Vermont and Wyoming. Each state's guide lists the law behind its status.

Sources

Each status comes from the state’s own guide, which lists every statute, rule, opinion or agency page it rests on and the day it was read (from November 11, 2026 to November 12, 2026). Federal law is on Delta-9 and delta-8 and the federal page. The whole table, with a CSV and a map, is on the laws hub, and how we research explains the method.

Map image: delta-8 by state (SVG), free to reuse under CC BY 4.0 with credit to CannaWorldMarket.com.

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