Everything You Need to know about the Legality of Delta-8 THC.

Delta-8 THC is considered legal at the federal level because it is derived from the hemp plant, and not marijuana.
Currently, Delta 8 THC is legal in many, but not all, states, as you’ll see in our list. There are some states that have legalized it for medical use only, but there are still quite a few that restrict its usage to a certain extent or ban it completely.

How Does Delta 8 THC Work?

As a cannabinoid oil, Delta 8 THC is recognized as an agonist of the CB1 receptor. This means that it accelerates the cell membranes and affects the user's neurons to produce cognitive effects. Some people believe that this compound can induce psych activity because of its ability to bond with the CB1 receptor.
There are many who consider that Delta 8 THC should not be treated as a controlled substance because it does not make the same level of psychoactive effects that traditional marijuana products do. People also suppose that Delta 8 THC is not addictive. However, Delta 8 THC acts as a full agonist on the CB1 receptor. This means that Delta-8 THC has the potential to be just as psychoactive as any traditional marijuana product.

Why Use Delta-8 THC?

Delta 8 THC products are becoming increasingly popular because they do have similar psychoactive effects like established marijuana products. There are some people who appreciate using Delta 8 THC for specific reasons, including but not limited to:
  • Trying to avoid paranoia related to traditional THC products
  • A need to remain clear headed while enjoying the effects of THC
  • A style to the smell related to vaping marijuana flower or smoking buds
  • Ease of use
These are all great motivations to consider the use of Delta 8 THC products. Physicians and medical professionals can help you determine if this type of cannabis will work for your specific needs and offer advice on dosage amounts, potential positive effects, and general concerns with using Delta 8 THC products to achieve the highest benefits without negative side effects.
Please consult your physician before beginning any new cannabis regimen. Delta 8 THC is not legal in every state, so make sure to reference our list to determine where you can use Delta 8 THC legally.

Buying Delta 8 THC Products

Delta 8 THC products are available for purchase in most states where medical or recreational cannabis is legal.
As more and more states legalize Delta 8 THC, it shouldn't be too difficult to find a store that carries these types of products. It's still recommended to read the label before making a purchase just in case there are certain ingredients present that could cause an allergic reaction. 
The most important thing to remember is that Delta 8 THC products are completely legal in many states. Just reference our list below to determine where your state falls within the category of illegal or legal area.

Can I fly with Delta 8 THC?

If your destination is anywhere where Delta 8 THC is legal, then it should be possible to travel between those locations if you are traveling within the legal limits. However, if your destination does not allow Delta 8 THC, then you should avoid trying to bring this drug with you when you travel.

States That Have Delta 8 THC Confirmed as Illegal

As of the writing of this article, the below states consider hemp-derived Delta 8 THC illegal.
  • Alaska
  • Arizona
  • Arkansas
  • Colorado
  • Delaware
  • Idaho
  • Iowa
  • Louisiana
  • Montana
  • New York
  • North Dakota
  • Rhode Island
  • Vermont
  • Utah

Is Delta 8 legal in your state?

Laws can change, but currently there are some states where Delta 8 THC is considered legal.
  • Alabama
  • California
  • Florida
  • Georgia
  • Hawaii
  • Illinois
  • Indiana
  • Kansas
  • Maine
  • Maryland
  • Massachusetts
  • Minnesota
  • Missouri
  • New Hampshire
  • New Jersey
  • New Mexico
  • North Carolina
  • Ohio
  • Oklahoma
  • Oregon
  • Pennsylvania
  • South Carolina
  • South Dakota
  • Tennessee
  • Texas
  • Virginia
  • Washington
  • West Virginia
  • Wisconsin
  • Wyoming
  • Washington, D.C.
It's essential to note that some of the above states only allow the sale of Delta 8 THC that has been strictly sourced from hemp plants. This means that some states only allow the Delta 8 THC products to be like a CBD level of THC allowance, which is less than 0.03% THC in the product.
In most cases, people experience a positive reaction to Delta-8 THC, including:
  • Relaxation and feelings of euphoria
  • An enhanced sense of sight, sound, and touch
  • Mental clarity and an improved ability to focus on tasks
Notice that some side effects can be helpful in certain circumstances. For example, if you suffer from chronic pain and it causes you to have a difficult time sleeping at night, feels of relaxation and euphoria can help with your whole situation.
Delta 8 THC works well for many people who suffer from chronic pain and want to get more out of their day without feeling tired or experiencing negative side effects like loss of appetite or dry mouth. 


Delta 8 THC may be useful as an antiemetic or as an analgesic. It is possible that Delta 8 THC could be used to help treat some types of epilepsy and other seizure disorders.
Delta 8 THC also has the potential to be used as an analgesic, which means that it may relieve pain for people who are suffering from various conditions; however, this use of Delta 8 THC has not been approved by the FDA.