THCa Legalities and State Regulations

Delta-8 THC legality continues to be a topic of discussion, as it remains legal in 22 states and 1 district, albeit with limited cannabis regulations. The states where delta-8 THC is legal include: Alabama*, Arizona, Arkansas, Florida*, Georgia (?), Illinois, Indiana (?), Kentucky*, Maine, Maryland* (?), Missouri, Nebraska, New Jersey, New Mexico, North Carolina, Ohio, Oklahoma, Pennsylvania (?), South Carolina (?), Texas (?), Washington D.C., Wisconsin, and Wyoming*. Asterisks (*) indicate states that have implemented age restrictions, preventing individuals aged 21 or under from purchasing delta-8 THC. States marked with a question mark (?) are currently facing legal challenges regarding the status of delta-8 THC.  

In most instances, state law reflects the framework established by the 2018 Farm Bill regarding hemp products legality, with minimal additional rules. Only a few states—Alabama, Florida, Kentucky, Maryland, and Wyoming—have enacted laws to restrict youth access to delta-8 THC. Legal actions are ongoing in various states, each with a unique situation. For example, in Maryland, the hemp industry successfully obtained a temporary injunction against the state, halting the enforcement of House Bill (HB) 556, which originally limited delta-8 THC products (and most CBD) to licensed marijuana dispensaries. The court found this provision could create a monopoly.  

On the flip side, delta-8 THC is banned in 17 states and severely restricted in 7 others. CBD Oracle’s analysis indicates that the states with outright bans include: Alaska, Colorado, Delaware, Hawaii, Idaho, Massachusetts, Mississippi, Montana, Nevada (where it could potentially be approved for the marijuana industry), New York (where isomerization is banned but could theoretically be sold for adult use), North Dakota, Oregon, Rhode Island, Utah (possible in the medical industry), Vermont, Washington, and West Virginia. The states with severe restrictions—capping all THCs at under 0.3% for hemp products, unless specified—are Iowa, Kansas, Louisiana (where all THCs must be under 8 mg per serving and 1% by dry weight), Michigan (where only marijuana-derived delta-8 is allowed), Minnesota (where all THCs must also be under 0.3% and less than 5 mg per serving), New Hampshire, and Virginia (which has a 2 mg serving limit or a >25:1 CBD:THC ratio).  

States vary in how they enforce delta-8 THC laws. For instance, Colorado prohibits the isomerization process used to derive delta-8 from CBD, while Idaho bans any THC presence, even if it comes from federally acceptable levels of delta-9 THC in CBD. In the restricted states, most require the total THC content to remain below 0.3% by dry weight, a standard that technically could be met by delta-8 THC products, but few do. Furthermore, the analysis revealed that similar to marijuana, making delta-8 THC illegal doesn’t necessarily eliminate it from the market. In states like Hawaii and Mississippi, despite delta-8 THC being banned, it continues to be sold openly.