In what states is delta-8 legal?
Twenty-four states including Washington DC have unintentionallylegalized hemp-derived intoxicants by updating their controlled substance law to reflect changes in the 2018 farm bill, said Chris Lindsey, the Director of State Campaigns and Public Policy at the American Trade Association of Cannabis and Hemp.
Because the farm bill defined hemp as being cannabis with less than 0.3% delta-9 THC, delta-8, as well as delta-10, are technically legal in those 24 states.
The rest of the map is ever evolving, but as of April 2023, this is where it stands, according to materials from the American Trade Association for Cannabis and Hemp.
States that regulate delta-8
Rather than let the proliferation go unchecked, a number of legislatures have chosen to regulate the production and sale of delta-8. Those states include:
- South Dakota
For states that had already legalized marijuana, delta-8 is regulated by agencies that were already charged with keeping an eye on intoxicating cannabis substances. These states include:
States where delta-8 is banned
Other states had laws on the books that prohibited the sale of delta-8 or have put in place bans after the 2018 farm bill. Those states include:
- North Dakota
- Rhode Island