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So, you’re thinking about giving Delta 8 THC a try, but you’re not exactly sure if Delta 8 is legal, especially in your state or area. We get it… Delta 8 THC sounds oddly familiar to Delta 9 THC. And since you already know that Delta 9 is only legal in a few states across the U.S., and it’s 100% illegal on a federal level, you’re still on the fence about buying Delta 8 THC. After all, how can one THC cannabinoid be legal while another THC cannabinoid isn’t? It doesn’t make sense, right? Well that’s what we’re here for: to give you the most accurate information regarding all things Delta 8 THC, and today we’re diving into Delta 8’s legality. But in order to know whether Delta 8 THC is legal, we first need to know…

Table of Contents


What is Delta 8?

Contrary to what you may have heard or read, not all THC is the same. There are different analogs, or variants of this psychoactive yet therapeutic cannabinoid.

Of course, Delta 9 is the most well known THC cannabinoid. It’s the reason cannabis was outlawed decades ago. But Delta 8 THC is another, lesser known variant of THC as well. It only appears within hemp at extremely low concentrations, and it has a similar chemical structure to Delta 9.

The reason so many CBD advocates have welcomed this cannabinoid is because pure Delta 8 is not as potent as Delta 9, thus offering a more therapeutic high and added medicinal benefits.

But does this mean Delta 8 is legal? Well, first we need to look at…

Federal Law vs State Law and Delta 8 THC

Let’s first determine the difference between state vs federal laws.

Federal laws are created on a national level, meaning that the law applies to all 50 states and U.S territories [¹].

State laws are created by each separate U.S. state, and that law only applies to that specific state. The great thing about state laws is that they sometimes allow more rights to the state’s residents than the federal law. But if a state law conflicts with a federal law, then in the end, the federal law will often win [²].

This now brings us to…

Is Delta 8 Federally Legal?

Thankfully, the 2018 Farm Bill helped legalize the cultivation, transportation, and overall production of hemp and its derivatives. This includes CBD and Delta 8 THC [³].

The only requirement is that hemp cannot contain more than 0.3% of Delta 9 THC. So, as long as Delta 8 THC is derived from hemp and contains anywhere from zero to no more than 0.3% Delta 9, then guess what? Hemp-derived Delta 8 THC is federally legal!

There’s just one problem… Not all U.S. states agree with that law.

Is Delta 8 THC Legal in All States?

While we love that the 2018 Farm Bill legalized hemp and its derivatives (except for Delta 9 THC), on a federal level this also allowed individual states to determine their own laws regarding all things hemp [³].

Currently, these are the states that prohibit the use of Delta 8 THC:

  • Alaska
  • Colorado
  • Delaware
  • Idaho
  • Iowa
  • Montana
  • New York
  • Nevada
  • North Dakota
  • Rhode Island
  • Vermont
  • Utah
  • Washington State

The laws surrounding Delta 8 THC are unclear in Arizona, California, and Mississippi. But keep in mind that state laws are always changing.

So, whether you’re wondering: Is Delta 8 THC legal in NC, Is Delta 8 THC legal in Texas, or in any other state for that matter, you’ll need to check with your individual state laws to see where they stand regarding Delta 8 THC.

Is Delta 8 THC Legal: Bottom Line

Hemp-derived Delta 8 THC is federally legal, but depending on which state you’re in, it may not be.

That said, when you go to buy Delta 8 THC, we highly encourage you to first check with your state laws and only purchase D8 from reputable brands that adhere to the 2018 Farm Bill requirements and value third-party testing.

For further questions and concerns, feel free to reach out to our Delta Remedys team. We’re always here to help!


  1. The Differences between Federal, State, and Local Laws
  2. Supremacy Clause
  3. Hemp Production and the 2018 Farm Bill