Delta-8 Legal States ’22

Delta-8 Legal States '22

Delta 8 tetrahydrocannabinol (Delta 8 THC) is derived from cannabis plants. It is often referred to as “diet weed” or “THC lite” due to its less intense properties when compared to its more commonly known cousin Delta 9 THC (i.e., regular THC or weed). That’s not to say that Delta 8 THC doesn’t make you “high” – it’s just that the high you feel is less strong and doesn’t make you paranoid or lose focus. 

People who use Delta 8 have reported feeling relief from nausea, anxiety, insomnia, pain, and other mood-related conditions. With the growing popularity of Delta 8, you might be wondering if it’s legal or not in your state. 

Which Are the Delta-8 Legal States in 2022?

According to federal regulations, Delta 8 THC is legal because it is derived from hemp plants instead of marijuana plants.

Here’s a quick history lesson on that: In 2018, the US Congress – for the first time ever – legalized the cultivation and usage of hemp and hemp-derived products, allowing it to enter the mainstream market. Before this bill, hemp was considered an unsafe, controlled substance. 

Of course, there still is a THC threshold that manufacturers must meet. If the hemp plant contains more than 0.3% of THC, it will be considered a non-hemp plant and thus, will be illegal. The bill also made it clear that each state is free to determine its own formal hemp approval process.

As mentioned earlier, since Delta 8 is created from hemp, it’s considered legal at the federal level. However, every state has its own say in the matter, so it’s not completely legal in all 50 states. In some states, Delta 8 THC is only legal for medicinal use, while in others it is banned altogether. 

In a few states, the possession of Delta 8 is actually criminalized. 

Delta 8 Legal States: If you live in any of the following states, you can buy and consume Delta 8 THC without fearing any repercussions:

  • Alabama
  • California
  • Florida
  • Georgia
  • Hawaii
  • Illinois
  • Indiana
  • Kansas
  • Kentucky
  • Maine
  • Maryland
  • Massachusetts
  • Minnesota
  • Missouri
  • Nebraska
  • New Hampshire
  • New Jersey
  • New Mexico
  • North Carolina
  • Ohio
  • Oklahoma
  • Oregon
  • Pennsylvania
  • South Carolina
  • South Dakota
  • Tennessee
  • Texas
  • Virginia
  • Washington
  • Washington, D.C.
  • West Virginia
  • Wisconsin
  • Wyoming

Delta 8 Illegal States: As of January of 2022, the states listed below consider Delta 8 THC illegal:

  • Alaska
  • Arizona
  • Arkansas
  • Colorado
  • Delaware
  • Idaho
  • Iowa
  • Mississippi
  • Montana
  • New York
  • North Dakota
  • Rhode Island
  • Vermont
  • Utah

If you are found in possession of Delta 8 THC in the above states, you could face criminal charges.

Delta 8 Regulated States: If you live in any of the following states, you can only use Delta 8 THC for recreational purposes:

  • Connecticut
  • Michigan
  • Nevada

Note: In Louisiana, Delta 8 inhalable products like flower and vape are banned, but edibles, such as gummies, are legal.

Buy Federally Compliant Delta 8 THC Products Online

If you live in any of the Delta-8 legal states, you want to buy from a brand that maintains a GMP-compliant facility to create their products. At Laughing Buddha, we provide Certificate of Analysis (COA) for all of our products so you can rest assured that what you’re consuming has been tested by independent third-party labs for potency, safety, and purity.

We ship premium grade Delta 8 THC products to all states where it is currently legal. If you live in any of these states, we will ship directly to your doorstep using discreet packaging.For any questions about shipping, please fill out this form or call us at 877-420-8420.