thc delta-8 legal

Have you heard of THC delta-8? It’s exploding in popularity as an alternative to the beloved, yet stronger THC delta-9.

If you love the feeling that normal THC provides, but often think it’s a bit too much, too strong, or too long-lasting, then you need to give delta8 THC a try. You can visit here for more info.

The only problem, as with any cannabis-related product, is that it isn’t legal everywhere. While you can use it in most states, there is a handful where you can’t.

Where is THC delta-8 legal? And how is it different from the more popular THC delta-9?

Keep reading for everything you need to know about using THC delta-8 and where you can find and use it legally.

What Exactly Is THC Delta-8?

When it comes to cannabis, things can get confusing fast. Here’s what you need to know.

Cannabis is a plant that has been growing naturally around the world forever. Many different chemical constituents make up the plant, some of which are beneficial to humans and some of which don’t matter.

The ones we care the most about are called cannabinoids. Cannabis plants contain over 400 individual constituents, but only 66 are cannabinoids.

The most well-known of these constituents is delta-9-tetrahydrocannabinol, otherwise known as THC for short. This is the psychoactive component that makes smoking weed appealing.

The other popular ingredient from cannabis plants is Cannabidiol or CBD for short. This makes up a large part of the plant itself.

What about THC delta-8? Along with the two cannabinoids listed above, delta-8 THC is one of the most popular cannabinoids present in cannabis plants.

The Difference Between THC Delta-8 and THC Delta 9

So, what’s the difference between the most common delta 9 THC and the less popular delta-8? Chemically speaking, they are very similar. Only a few atomic bonds separate the two.

But the delta-8 THC high is quite different than that of delta 9. Many consider it weed light, that is, it is less potent.

The delta-8 THC feeling is weaker and wears off quicker, but not in a bad way. It’s just a different experience suited towards certain users.

You will still experience some of the same benefits you are used to, such as feelings of calm and relaxation, uplifting mood, and a clear head. The milder high associated with delta-8 also induces less paranoia than delta-9 has the potential to do.

While delta-9 is present in large amounts in cannabis plants, delta-8 is much less common. Depending on where you shop, you can buy a delta-8 THC flower, gummies, or vape cartridges.

Looking to learn more about delta-8 and give it a try for yourself? Click here to check out more about delta 8.

Is THC Delta-8 Regulated Differently?

Because THC delta-8 is much less commonly produced, and much less commonly used, it’s never had specific regulations. It simply falls under the category of THC, including the commonly found THC delta-9.

Some would argue that it should have less, or even no restrictions due to the fact that the psychoactive effects are far milder than its older brother, delta-9.

Nonetheless, because there haven’t been enough studies on how delta-8 affects our bodies and brains, it’s lumped in with other similar products.

Where Is THC Delta-8 Legal?

Let’s face it; cannabis-related regulations are a mess. From state to state, laws vary so drastically. In some states, possession, and usage of any form of cannabis is illegal, while in others, only patients can have it.

But even then, it’s not that simple, as it depends on the exact product in question, and the amounts of psychoactive ingredients. When it comes to where THC delta-8 is legal, here’s what you need to know.

The Farm Act

The Farm Act is a bill that was passed in 2018. This bill legalizes the production of hemp and products made from hemp.

While hemp and marijuana are two different plants, they share the same cannabinoids. This means that products made from THC delta-8 or 9 are legal, so long as they are produced from hemp, not marijuana plants. This is why we have seen an explosion of CBD-related products across the US over the last couple of years.

The catch is that individual products cannot contain more than 0.3% THC.

But because individual states can override federal law with their own regulations, you can’t technically buy or consume delta-8 THC everywhere. Here are 39 states where it’s legal:

  • Alabama
  • California
  • Connecticut
  • Florida
  • Georgia
  • Hawaii
  • Illinois
  • Indiana
  • Kansas
  • Kentucky
  • Louisiana
  • Maine
  • Maryland
  • Massachusetts
  • Michigan
  • Minnesota
  • Missouri
  • Nebraska
  • Nevada
  • New Hampshire
  • New Jersey
  • New Mexico
  • New York
  • North Carolina
  • North Dakota
  • Ohio
  • Oklahoma
  • Oregon
  • Pennsylvania
  • South Carolina
  • South Dakota
  • Tennessee
  • Texas
  • Vermont
  • Virginia
  • Washington
  • West Virginia
  • Wisconsin
  • Wyoming

In the remaining 11 states, THC delta-8 is still illegal. These states are:

  • Alaska
  • Arizona
  • Arkansas
  • Colorado
  • Delaware
  • Idaho
  • Iowa
  • Mississippi
  • Montana
  • Rhode Island
  • Utah

Delta THC 8 made from the marijuana plant is still illegal. As is synthesized THC. Synthesized THC is derived from unnatural processes and is often sprayed onto plants in order to be smoked.

Synthesized THC is ultimately unnecessary anyways, since the best way to produce cannabis products is through natural growing, harvesting, and extracting.

Laws Always Subject to Change

When it comes to cannabis-related products in any shape or form, laws can change. Currently, on a federal level, THC delta-8 is legal. However, individual states get to decide if it’s legal in their state.

If it’s currently illegal in your state, it could become legal in the future. If it’s currently legal in your state, it could become illegal at any given moment.

Both the federal government and your state government can change their view of the substance.

It’s also important to note the importance of the DEA. The United States Drug Enforcement Agency can choose to put delta-8 THC on its list of controlled substances at any time, which can change its federal status in a heartbeat.

The FDA and Hemp

The Food and Drug Administration is also an important member of this discussion. Currently, they have not evaluated hemp-based products. This means that hemp products are unregulated, which is both good and bad.

This gives hemp producers and cannabis companies free range to create their products, as there is no oversight or regulation to control these processes. So long as the THC is naturally derived from hemp and produces products with less than 0.3% THC, they are good to go.

Should the FDA evaluate hemp and create its own guidelines and regulations, it can change a lot about the current selection of hemp products such as THC delta-8.

Since you are purchasing products in an unregulated industry, make sure to buy from reputable suppliers who provide insight into their ingredients and growing processes.

The Most Popular Delta-8 Products

If you are in a state where delta-8 is currently legal, and you’re already a cannabis user in some capacity, there’s no reason not to give it a try. It can provide a different, yet extremely pleasant experience. Here are the products to consider.


Vaping has obviously exploded in popularity recently, so it’s no surprise that it’s one of the most popular ways to experience delta-8. You can purchase single-use cartridges with the concentrated delta-8 extract.

You can potentially experience an uplifted mood and a relaxed feeling when using the vape cartridge. Many also say they experience a boost in personal motivation.

You shouldn’t use this before or while driving, operating heavy machinery, or when you need to pass a drug test.


Everyone loves a snack. You can get delta-8 in the form of chewable gummies, making it convenient to kick back and experience the benefits of delta-8, wherever it may be socially acceptable.

They can help your body and mind feel incredible while you enjoy the taste of different flavor options. They should taste like candy, not hemp.

You typically want to keep these in the fridge as heat, humidity, or direct sunlight can affect the taste and experience. It’s best to consume the gummies with a meal, or at least shortly before a meal.


You can buy delta-8 concentrates in the form of a sauce or in a blunt-tip distillate syringe. This makes it easy to use for dabbing.

The concentrate will be very thick, almost sticky, and oil-like. Use care when preparing concentrated for use. They often require the addition of heat in order to use them properly.


Traditionally, tinctures have been made as herbal remedies across the globe. They are often made of flowers, leaves, roots, and other natural ingredients to produce health benefits.

In our case with delta-8, tinctures combine delta-8 concentrates with other ingredients such as CBD, CBC, CBN, and terpenes to allow for a smokeless consumption of delta-8.

They are popular as a way to make your own gummies or to add to recipes, such as baked goods, ice cream, juice, and smoothies. You get all of the benefits without smelling like weed or having to take the time to smoke.


You can also buy bulk delta-8 oil. The most popular use for oil is to add a drop under your tongue.

This allows you to get the benefits of delta-8 without smoking it. It also bypasses the stomach to enter your system. This means there is greater bioavailability, making it work quicker than if you add it to edibles for consumption.

You can also add the oil to recipes and other edibles, just like a tincture.

How Companies Produce Delta-8

Wondering how delta-8 is even produced and extracted in order to make these products?

One method of producing delta-8 is by extracting the concentrate from the plant. This process takes a lot of work, and ultimately, a lot of plants. Since there is such a tiny amount of delta-8 present in each plant, it takes a lot to make a sizeable amount of concentrate.

Another way of producing delta-8 is a fancy chemistry experiment. Companies have discovered ways of rearranging molecules in CBD, essentially turning it into delta-8, since the genetic makeup is similar.

While it sounds like an expensive process, it’s actually cheaper and easier than extracting delta-8 directly from the plants.

Buying Delta-8 Online

If you live in a state where delta-8 is illegal, don’t think it’s as easy as ordering some online. Companies that are hoping to stay in business will not ship their products to states where they are illegal.

Not only could you face legal charges, but the company could as well. If you try to checkout on their website, you won’t be able to as they do not allow customers in those states to place an order.

Though they would love to ship to you and share the joy of their products, they have to abide by state laws.

Tips for Using Delta-8

When it comes to using delta-8, one of the most important things to do is buy from a reputable producer. Because delta-8 is unregulated by the FDA, companies have free reign in how they produce their products.

Make sure the company you are purchasing from abides by state and federal regulations, ensuring the amount of THC present is under 0.3% and their products come from hemp.

See if they list their delta-8 production method as well. You don’t want products made from synthesized THC, which are illegal.

Check to see if they list other ingredients for their products. If sleazy companies want to make their products cheaper while still charging high prices, they can add cheap filler ingredients, diluting the effects.

And lastly, be responsible. Always try new products in the smallest possible dosage to see how your body handles it. Slowly work up from there.

Don’t use THC-related products when driving or operating heavy machinery. And don’t flash it out in public. Be mindful and respectful.

Don’t Take It for Granted

So, where is THC delta-8 legal? Luckily, in most of the US. Unfortunately, there are still a handful of states that oppose it.

Hopefully, this changes in the near future as more research and positive press come through the cannabis industry.

Looking to read more articles like this? Be sure to check out the rest of our blog today.

By Sambit