Delta-8 is a psychoactive cannabis compound that has become hugely popular in the United States over the past few years. This is especially true in states where adult-use marijuana is illegal, as Delta-8 is technically legal under the US Farm Bill.

You can think of Delta-8 as the generally less psychoactive cousin of Delta-9 THC, the compound mostly responsible for getting you high when you smoke traditional weed. While Delta-8 and Delta-9 are both forms of THC, Delta-8 is technically legal under federal law because the US Farm Bill stipulates that, for a cannabis product to be legal, it must contain less than 0.03 percent Delta-9 THC. Delta-8 is not mentioned.

States where Delta-8 is legal

Delta-8 is available and fully legal in these 31 states:

  • Alabama
  • Arizona
  • Arkansas
  • Connecticut
  • Florida
  • Georgia
  • Hawaii
  • Illinois
  • Indiana
  • Kansas
  • Kentucky
  • Maine
  • Massachusetts
  • Michigan
  • Mississippi
  • Missouri
  • Nebraska
  • New Hampshire
  • New Jersey
  • New Mexico
  • North Carolina
  • Ohio
  • Oklahoma
  • Pennsylvania
  • Tennessee
  • Texas
  • Virginia
  • Washington
  • West Virginia
  • Wisconsin
  • Wyoming

Delta-8 is also available in the District of Columbia.

States where Delta-8 is illegal

A number of states have passed legislation specifically prohibiting Delta-8. States that have banned Delta-8 include:

  • Alaska
  • Colorado
  • Delaware
  • Idaho
  • Iowa
  • Montana
  • New York
  • Nevada
  • North Dakota
  • Oregon
  • Rhode Island
  • Vermont
  • Utah
  • Washington

Again, the laws surrounding delta-8 THC are subject to change. They can also be contradictory and unequally enforced, which is why certain states are grey areas for Delta-8 products.

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