We know that there is a lot of speculation around the legality of Delta-8 THC and how you can buy it, so we wanted to take the time to clear that up for you! There are a few key things we want to help you understand, including how Delta-8 is federally legal and how it can be outlawed by states. After doing some research on its legality and supposed effects, it’s also good to know how to buy Delta-8 if you live in a legal state.

Farm Bill of 2018

The Farm Bill of 2018 legalized the regulated growth and manufacturing of hemp and hemp-related products. This was a widely celebrated bill because of the variety of applications for hemp.

Companies that manufacture Delta-8 products must be using hemp from a regulated hemp production, as well as submit all their products for testing. If they pass testing, they will get a Certificate of Analysis (COA) and be approved for retail and wholesale.

State-by-State Legislation

Even though the Farm Bill was a national bill, which makes hemp cultivation federally legal, hemp can still be regulated on a state level. Essentially, states get to decide whether or not they want to put together a plan for hemp cultivation and regulation. If they do, and it gets approved, then that state can manage its own hemp growth and manufacturing. However, some states decided to not submit a plan for regulation which means hemp companies in those states are required to participate in the federally regulated program.

Illegal States and Updates on Regulation

Currently, Delta-8 is banned or restricted in Alaska, Arizona, Arkansas, Colorado, Delaware, Kentucky, Idaho, Iowa, Mississippi, Montana, New York, North Dakota, Rhode Island, Utah, Vermont, and Washington. All of the listed states have passed bills that prohibit or restrict the extraction, conversion, or sale of Delta-8. You’ll notice that a lot of these states already have legalized cannabis laws.

There is a lot of debate about how Delta-8 products should be regulated. Several states are currently debating how they can regulate, legalize or prohibit Delta-8 products. Washington already has laws in place regarding hemp-derived THC in their legal marijuana market. Technically, hemp-derived THC has been illegal for a while but it’s been rumored that many marijuana manufacturers utilize the practice more often than you’d think.

Michigan has introduced new legislation that would require Delta-8 products to be regulated under the state marijuana board, similar to all Delta-9 products. This includes all testing and restrictions that are currently in place – purchase limits, packaging, and appearance, etc.

California and Oregon are both explicitly restricting the sale of Delta-8 products to minors – California has passed a bill that only allows marijuana dispensaries to carry hemp-derived THC products and Oregon has introduced a bill that outlaws the sale of Delta-8 to minors and gives the power of regulation to the marijuana board.

If you live in a state that has banned or restricted Delta-8, it is currently not possible for you to purchase Delta-8 products from us. Delta Xtracts verifies all shipping addresses for customer and wholesale orders, and we will not ship any products to states that have restricted or banned Delta-8 THC.

Here is a table detailing where Delta-8 THC is legal and where it is banned or regulated.

Alabama Legal Montana Legal
Alaska Not Legal Nebraska Not Legal
Arizona Not Legal Nevada Legal
Arkansas Not Legal New Hampshire Legal
California Legal New Jersey Legal
Colorado Not Legal New Mexico Legal
Connecticut Legal North Carolina Legal
Delaware Not Legal New York Not Legal
Florida Legal North Dakota Not Legal
Georgia Legal Oklahoma Legal
Hawaii Legal Ohio Legal
Idaho Legal Oregon Legal
Illinois Not Legal Penn. Legal
Indiana Legal Rhode Island Not Legal
Iowa Legal South Carolina Legal
Kansas Not Legal South Dakota Legal
Kentucky Legal Tennessee Legal
Louisiana Not Legal Texas Legal
Maine Legal Utah Not Legal
Maryland Legal Vermont Not Legal
Mass. Legal Virginia Legal
Michigan Legal Washington Not legal
Minnesota Legal West Virginia Legal
Mississippi Legal Wisconsin Legal
Missouri Not Legal Wyoming Legal

How you can buy Delta-8 THC Products

Hemp-derived Delta-8 THC products have increased in popularity significantly, especially in states that allow Delta-8 products but not Delta-9 products. Delta Xtracts is based out of Dallas, Texas and we have quickly become the top choice on the market for Delta-8 wholesale. We are working on an e-commerce solution for customers in legal states, but we currently are only offering wholesale opportunities. If you are a company looking to offer your customers the cleanest Delta-8 THC gummies and vape pens, contact our wholesale team.

We currently offer Delta-8 gummies in a (10) count or (25) count, 25mg dosage that is sure to be consistent, every time. It helps that both our Wild Berry and Pina Colada flavors taste delicious.

Delta-8 vape pens are another popular product, and we offer them in disposable and cartridge format. We have 11 different flavors for the vape pens that are infused with all-natural terpenes. Some of our most popular flavors are Zkittlez, Blue Dream, and Alien OG.

If you have any more questions about the legality of Delta-8 or how you can get it, feel free to reach out to us. We pride ourselves on being a resource in the industry and we want to make sure you have all the information you need to decide if Delta-8 products are a good choice to elevate your lifestyle and keep you legally lifted.