The legal status of Delta 8 THC is a hot topic in the cannabis industry. With states preemptively restricting or outright banning the cannabinoid, users, companies, manufacturers and sellers are left wondering what the future holds. In this article, we'll provide an updated overview of the legal status of Delta 8 THC in the United States and explain what the federal government and the DEA have to do with it. Currently, 20 states have restricted or banned Delta 8 THC and four other states are currently reviewing its legal status.
Let's take a look at each state's laws and regulations regarding Delta 8 THC. Alaska does not allow the use, possession, sale, distribution, or production of Delta 8 and classifies it as a Schedule IIIA controlled substance under state law. List IIIA includes all tetrahydrocannabinols, such as Delta 10 and THC-O. Possession of Delta 8 ranges from a class C misdemeanor to a felony, depending on the amount and intent.Arizona has banned Delta 8 THC under state law.
The use, possession, sale, distribution and production of Delta 8 products are prohibited and are classified as a Schedule I controlled substance. Annex I includes all tetrahydrocannabinols, such as Delta 10 and THC-O, as well as marijuana. The penalties for possession of the Delta 8 are probably the same as for possession of marijuana. If you are caught with two pounds of marijuana or less, it is a class 6 felony punishable by up to two years in prison.Arkansas does not allow the use, possession, sale, distribution and production of Delta 8 products and classifies it as a Schedule IV controlled substance.
The penalties for possession of the Delta 8 in Arkansas vary depending on the amount and intent. Possession of less than 28 grams of Delta 8 is a class A misdemeanor punishable by up to one year in prison. If you have four or more criminal convictions on your record, possession of less than 28 grams of Delta 8 is a class D felony punishable by up to six years in prison.California restricts Delta 8 under state law. The use, possession, sale, distribution and production of Delta 8 products derived from hemp and marijuana are regulated.
While you can't have any hemp-derived product with more than 0.3% Delta 8 THC, you can buy up to 28.5 grams of marijuana-derived Delta 8 at an authorized dispensary.Colorado surprisingly does not allow the use, possession, sale, distribution and production of Delta 8 products following a notice from the Colorado Department of Health & Environment (CDPHE). The notice states that “chemically modifying or converting any natural cannabinoid in industrial hemp does not meet the legal definition of an 'industrial hemp product'. As a result, Colorado considers Delta 8 to be a controlled substance.Delaware does not allow the use, possession, sale, distribution and production of Delta 8 products under state law. While Delaware recently decriminalized the simple possession of marijuana in small quantities, all tetrahydrocannabinols are prohibited substances under Schedule I of its Uniform Controlled Substances Act.
Penalties for possession of the Delta 8 range from fines to extended periods of imprisonment.Florida allows hemp-derived Delta 8 under state law. There are no limits on possession but delta-8 derived from marijuana is not legal in Florida.Indiana legalized hemp and all hemp-derived compounds following Senate Bill 156 which aligned its laws with the federal Agricultural Improvement Act (Farm Bill). Under state law hemp-derived delta-8 is currently legal in Indiana.Kentucky does not allow delta-8 despite very relaxed medical and recreational marijuana laws. Legal counsel for the Kentucky Department of Agriculture reportedly released a memorandum stating that delta-8 derived from hemp and marijuana is a controlled and illegal substance under federal law.Michigan only allows state-regulated delta-8 products to be sold, distributed and manufactured after the passage of House Bill 4517 which was signed by Governor Whitmer.Missouri allows hemp-derived delta-8 following House Bill 2034 which legalized hemp and hemp-derived compounds.