Is Delta 8 Legal? (And What States is it Legal?)

Delta 8 is the latest hemp compound to gain consumers' attention over the past year. It's a minor phytocannabinoid that develops in the trichomes or tiny mushroom-like growths on the plant's stalk, stems, leaves, and flowers. In 2018, the updated Farm Bill legalized hemp and all its compounds. The only exception is a limit on delta 9 THC, which is the main intoxicating phytocannabinoid found in cannabis, a similar plant to hemp that's only legal in some U.S. states. However, there's some confusion about where delta 8 is legal. Keep reading to learn about delta 8 legal states that allow the sale of these 'THC-lite" products.

What is Delta 8?

Delta is one of over 500 naturally occurring compounds that make up the hemp plant. It has the same chemical formula as delta 9 THC with one exception. Delta 8 binds to the 8th molecule. On the other hand, delta 9 connects to the 9th molecule. This single change makes all the difference in how the compounds affect users.

Is It Different From Delta 9?

Yes. Delta 8 legal states allow the sale of the hemp compound because it's not as potent as delta 9. Many consider it the milder and much safer alternative to delta 9. Additionally, its legal status makes it appealing to people in states without recreational marijuana laws. The most significant difference between the two compounds is delta 8 is a less-intoxicating delta 9, making it a more popular option with consumers. They enjoy the light buzz, uplifting feeling, but are happy

Delta 8 is Legal Federally

The 2018 Farm Bill passed by Congress and signed into law in December of 2018 legalized all hemp compounds, including delta 8 and 9 THC. However, the regulations limit delta 9 to 0.3% of the total dry weight. While some states are calling this a loophole in the law because it doesn't cap the percentage of delta 8 THC nor bar the sale of the intoxicating compound.

The law defines hemp as,


It's clear that all cannabinoids, terpenes, flavonoids, and other compounds in the plant are legal.

Here are the Delta 8 Legal States

Similar to how the compound's federal status is murky, so are the state-to-state regulations. Several states have restrictions on the sale of delta 8. These regulations are to verify the safety of the products sold. Types of changes that are occurring in the legal market include:

  • Restricts sales to people 21 and older
  • Requires warnings on the packaging about driving under the influence
  • Requires third-party lab testing
  • Limits purchase locations (Such as behind the counter like nicotine products)

The states that are restricting sales include:

  • Alaska
  • Arizona
  • Arkansas
  • Delaware
  • Montana
  • New York
  • Idaho
  • Kentucky
  • Colorado
  • Mississippi
  • Vermont
  • Rhode Island
  • Utah

Just like CBD and cannabis, these laws are sure to change as more data becomes available. Lawmakers and other experts understand both sides of these decisions. Rep. Yousef Rabhi in Michigan, a state reviewing regulations on the compound, explains,


The representative can see that a happy medium is necessary for everyone, from the consumers to the farmers, producers, and sellers.

What's the Future for THC-Lite?

The future looks bright for THC-lite. Delta 8 is legal in many states, allowing more consumers to try and enjoy the benefits of a mild, legal high. Many buyers choose delta 8 in legal states over CBD, legal marijuana, and alcohol as their go-to option for a relaxing buzz. It doesn't put them to sleep like CBD, isn't over-the-top like cannabis, and there's no hangover. 

Enjoy delta 8 in legal states across the country. Skip waiting for your state to legalize marijuana and buy the THC cannabinoid online at the Delta 8 Store. Additionally, the hemp phytocannabinoid offers a milder buzz for consumers that find regular THC too strong. Stop by the Delta 8 Store and add top brands to your cart, including 3CHI, EFFEX, Treetop Hemp Co, and Blue Moon Hemp, to name a few, all in one location.