States across the United States have preemptively restricted or outright banned THC delta-8 as federal regulators step in to clarify its legality. This has prompted outcry from users, companies, manufacturers and sellers in the cannabis industry. So, which states have already banned delta-8 THC? What do the federal government and the DEA have to do with this? Currently, twelve states have restricted or banned delta-8 THC and four other states are currently reviewing its legal status. In Alaska, the use, possession, sale, distribution, or production of delta-8 is not allowed and it is classified as a Schedule IIIA controlled substance under state law.
Possession of delta-8 ranges from a class C misdemeanor to a felony, depending on the amount and intent. In Arkansas, delta-8 is legal. Under state law, it is classified as a Schedule IV controlled substance alongside other tetrahydrocannabinols such as delta-10 and HHC. However, the state health department has not explicitly prohibited or allowed the use, possession, sale or production of delta-8 products. In California, delta-8 is restricted 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. Surprisingly, delta-8 isn't legal in Colorado despite very relaxed medical and recreational marijuana laws. The state 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).Delta-8 is not legal in Delaware either. 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 depending on the amount and intent. Hemp-derived delta-8 is legal in Florida under state law. There are also no limits on possession. However, delta-8 derived from marijuana is not legal in Florida. Hemp-derived delta-8 is legal in Illinois and its use, possession, sale, distribution, purchase and production are permitted by Illinois state law. Delta-8 laws in Iowa are confusing. It is likely an illegal controlled substance but law enforcement is turning a blind eye to sellers who openly sell delta-8 products in the state. Delta-8 is provisionally legal in Kansas but the state's attorney general published a controversial opinion piece stating that the use, possession and sale of delta-8 products are “illegal” unless they contain no more than 0.3% of total tetrahydrocannabinols.
Delta-8 is restricted and regulated in Minnesota. The state recently passed a law that limits edible hemp products to 5 mg of THC per serving (50 mg per package). All other hemp products can only contain up to 0.3% tetrahydrocannabinol including delta-8.Delta-8 is perfectly legal in Missouri and does not classify it as a controlled substance following the passage of House Bill 2034 which legalized hemp and hemp derived compounds. It is not considered a controlled substance under state law under the Nebraska Hemp Cultivation Act (statutory bill 65).
It was later amended and revised as its existing hemp laws coincide with the federal Agricultural Improvement Act (Agricultural Act). Delta-8 is legal but restricted and regulated by existing state cannabis laws under Senate Bill 42 signed by Steve Sisolak in Nevada.
States That Have Banned Delta 8 THC
Currently twelve states have restricted or banned Delta 8 THC: Alaska, Arkansas, California, Colorado, Delaware, Iowa, Kansas, Minnesota, Missouri, Nebraska Nevada and Illinois. Four other states are currently reviewing its legal status: Florida, Arizona, New York and Texas.
What Does The Federal Government Have To Do With Delta 8?
The federal government has stepped in to clarify the legality of Delta 8 THC due to its increasing popularity among consumers.
The Drug Enforcement Administration (DEA) has stated that Delta 8 THC is illegal if it is derived from marijuana plants but it is legal if it is derived from hemp plants that contain less than 0.3% Delta 9 THC.
The legality of Delta 8 THC varies from state to state due to different regulations regarding cannabis products. Currently twelve states have restricted or banned Delta 8 THC while four other states are currently reviewing its legal status. The federal government has stepped in to clarify its legality by stating that Delta 8 THC is illegal if it is derived from marijuana plants but it is legal if it is derived from hemp plants that contain less than 0.3% Delta 9 THC.