Delta-8 THC is legal in South Carolina. While there have been reports of police raids on Delta 8 suppliers in the state, we haven`t heard anything new recently. Kentucky temporarily allows hemp-derived delta-8, meaning the use, possession, sale, purchase, and production of delta-8 products is currently legal (pending review). In 2021, the Kentucky Department of Agriculture`s legal counsel issued a memo stating that delta-8 hemp and marijuana are a controlled and illegal substance under federal law, meaning it is also prohibited by state law. Do not produce or sell delta-8 products without a permit to manufacture or sell THC as a controlled substance. The correct way to legally produce and sell Delta 8 products is through a state-licensed operator of adult recreational or medical marijuana. The following states do not share enough information to determine whether the Delta 8 THC variant is legal or not, so we call them the legal gray area states. Delta-8 THC is illegal in Alaska, although the state allows recreational cannabis. This is because all forms of THC are illegal. Also, hemp-derived products are still illegal in Alaska unless you have approval from the state`s industrial hemp pilot program. Delta-8 THC is legal in Tennessee.
A recently proposed bill to ban and regulate Delta-8 has not been passed. Delta-8 THC is legal in Washington D.C. Hemp-derived products are legal in the District of Columbia, as is recreational marijuana. Delta-8 is legal in North Carolina and is not classified as a controlled substance under state law following the passage of Senate Bill 352. The bill amended North Carolina`s Controlled Substances Act and excluded all hemp-derived cannabinoids, including delta-8. The exclusion of delta-8 from the list of controlled substances means that its use, possession, sale, distribution, purchase and production are permitted within state borders. However, neither medical nor recreational marijuana is legal in North Carolina, meaning the use and possession of Delta-8 marijuana is illegal in the state. Possession of 0.5 ounces of marijuana or delta-8 derived from marijuana is an offence punishable by a fine of up to $200.
Learn more about the legality of delta-8 in North Carolina. Hemp-derived delta-8 is legal under Oklahoma state law and will not be listed as a controlled substance after the Oklahoma Industrial Hemp Program is adopted. This law legalized hemp and hemp-derived compounds, including delta-8, meaning that the use, possession, sale, distribution, purchase and production of delta-8 products are perfectly legal throughout the state. Oklahoma Gov. Kevin Stitt then signed a bill that excludes Delta-8 from the definition of marijuana and allows physical retail stores and online sellers to sell Delta 8 products. However, recreational marijuana and marijuana-derived delta-8 are not legal. In an opinion of the Court of Appeal of 9. District quoted by cannabis news site Marijuana Moment, the panel of judges wrote that products made with delta-8-THC are generally legal under federal law, which defines hemp as “any part” of the cannabis plant, including “all derivatives, extracts [and] cannabinoids” containing less than 0.3% by weight of delta-9-THC. In this case, it is not implausible to assume that delta-8, a chemically similar analogue of federally illegal delta-9-THC, is in fact a controlled substance. Delta-8 THC can be found in small amounts in hemp and other forms of the cannabis plant, but not in amounts like delta-9 THC. However, the cannabinoid can be refined from CBD, which is abundantly produced by many legal hemp strains. This includes any type of THC from hemp plants containing 0.3% THC or less.
Hemp-derived products (including those containing Delta 8 THC) are federally legal, while marijuana remains illegal. Delta 9 is only legal in states that have legalized recreational marijuana. According to House Bill 213, delta-8 THC, derived from hemp, is legal in Georgia. This law was passed in 2019 and legalized hemp and hemp products in the state. If your destination is a place where Delta 8 THC is legal, it should be possible to travel between those places as long as you travel within the legal limits. However, if your destination does not allow Delta 8 THC, you should avoid bringing this medication with you when you travel. Delta-8 is a state-controlled substance and is not legal under state law following changes to Montana`s Controlled Substances Act in 2019. The legal status of delta-8 means that the use, possession, sale, distribution and production of delta-8 products are prohibited within state borders. However, recreational marijuana for adults ages 21+ is legal in Montana, though it`s unclear whether marijuana-derived delta-8 is allowed under the same cannabis laws. Delta-8 is illegal in Rhode Island.
The state bans all ingestible products containing any form of THC. Delta-8 is illegal in New York. The sale, distribution and production of delta-8 products are banned in the state following an announcement by the New York Cannabis Control Board (CCB), citing a lack of safety and inappropriate mislabeling. A CWC spokesperson later said Delta-8 could later be regulated by an adult program similar to the recreational marijuana program. However, it is not clear whether the use and possession of hemp or marijuana-derived delta-8 is punishable under state law. Learn more about the legal status of delta-8 in New York City. Check the legality of delta-8 THC from state to state below. Keep in mind that laws are often confusing, contradictory, unevenly enforced, and subject to change. Another factor to consider is the source of your delta 8 product. Marijuana-derived extracts are illegal at the federal level, but as long as your product is made from hemp, you`re in the clear. It is important that hemp is grown organically, in clean soil and free of pesticides or growth promoters.
These plants grow cannabinoid-rich buds and provide higher Delta 8 yields. This does not stand up to the fact that most legal hemp products are actually derived from this substance. Currently, 21 U.S. states have restricted or banned delta-8-THC, and four more states are reviewing its legal status. Delta-8 is illegal in North Dakota and is considered a controlled substance under state law following the passage of North Dakota House Bill 1045. This bill amended the state`s already existing hemp law to include delta-8 as a banned substance alongside delta-9 THC. Starting in 2021, the use, possession, sale, distribution, purchase and production of hemp-derived delta-8 products will not be permitted in the state. Marijuana and marijuana-derived delta-8 are also illegal under state law.
Learn more about the legal status of Delta-8 in North Dakota. The 2018 Farm Bill legalized the manufacture of Delta 8 THC from a hemp plant, which has sparked some controversy over how this option can be regulated and whether states will recognize this bill and continue to give their residents access to this type of legal THC product. Delta-8 THC remains federally legal, though that may change if the Hemp Advancement Act is passed. Meanwhile, individual states have their own laws that fall into one of four categories: Delta-8 is illegal in North Dakota. In April 2021, the state signed Law 1045, which changed the definition of THC. It now contains delta-8 as well as other isomers. Delta-8, as well as all forms of THC, are illegal in Idaho. Delta-8 is illegal in Montana because THC is a controlled substance. This news is surprising because Colorado was one of the first states to legalize recreational marijuana in 2012. Delta-8 THC is legal in Kansas, though the state`s attorney general says that`s not the case, which has led police to raid delta-8 stores in some counties. North Carolina has legalized delta-8 THC and other hemp-derived products. Here is the latest information on the availability and legality of Delta-8 THC in your state.
We work tirelessly to provide you with the latest developments on the national legality of delta-8 and its products. As of now, Delta-8 is legal in Texas. While two separate bills have not banned the cannabinoid, there is litigation going on. After discovering that the 2018 Farm Bill legalized hemp and hemp-derived compounds, including natural and synthetic delta-8, the court found copyright and trademark infringement. Do you know if this means Delta 8 is now illegal in Ohio? The courts issued a preliminary injunction to keep Delta 8 legal during the trial, and the Texas Supreme Court rejected DSHS`s request to ban Delta 8. Delta-8 THC is legal in Arkansas thanks to HB 1640, which replaced an old hemp bill. Delta-8 THC is probably illegal in Minnesota. In June 2022, the state passed a law restricting hemp products. They should not contain more than 0.3% of any type of THC. The bill also states that hemp edibles cannot contain more than 5 mg of THC per serving. “It`s not the Delta-8 that`s dangerous, it`s what it could be mixed with in an unregulated market,” said Steven Hawkins, CEO of the United States. Cannabis Council, a trade group representing state-licensed cannabis companies and legalization advocates.
Delta-8 is illegal in Delaware. The state`s Controlled Substances Act includes “any material, compound, combination, mixture, synthetic substitute or preparation containing any quantity of marijuana or tetrahydrocannabinols thereof, salts, isomers or salts thereof” as a Schedule 1 controlled substance. However, if Senate Bill 170 is passed, all hemp-derived products will become illegal. Because Delta 8 THC is not legal in all states, if you are caught trying to bring Delta 8 THC on a plane, you can be prosecuted for possession and distribution of a Schedule I substance, depending on where you are traveling or from. Currently, delta-THC is illegal in Iowa.