Delta-8 is a unique cannabinoid found in the hemp plant and is gaining popularity across the country with promising medical and recreational applications. But is it legal? The answer to this question depends on the state. In Vermont, Delta-8 is not legal following an announcement by the Vermont Agriculture, Farms and Markets Agency (AAFM), which oversees and regulates the state's hemp program. If Congress did not intend to legalize delta-8, then it is up to Congress to correct its error, the three-judge panel wrote in its unanimous decision.
In Oklahoma, the state explicitly excludes Delta 8 and Delta 10 from the definition of marijuana, which is illegal in the state. It is not clear if this means that delta-8 is completely banned or if it will be regulated in the same way as cannabis for adults. The state attorney general also published a letter arguing that Delta 8 is illegal, but this statement is not legally binding. The most likely outcome is that most states choose to regulate THC delta-8 in a similar way to recreational marijuana.
In Texas, Delta-8 is temporarily legal after a long and arduous battle between state legislators and delta-8 vendors. The use, possession, sale, distribution and production of delta-8 products are legal under state law without fear of sanction or prosecution. However, the bill does not address delta-8 levels of THC, an omission that makes it legal for sellers to sell the compound, often as groceries, vaping cartridges and tinctures, without any oversight. In New Jersey, Delta-8 THC is legal and is not classified as a controlled substance under state law following the passage of Bill A5322, which later became the New Jersey Hemp Program.
This bill means that the use, possession, sale, distribution, purchase and production of hemp-derived delta-8 is legal under state law. In Massachusetts, however, the government website states that delta-8 is a controlled substance and that the state will not allow the sale or production of synthetically manufactured hemp-derived delta-8.