Delta-8 Legal States 2025

What Is Delta-8 THC?

During the past few years, many people have become interested in THC. As it has become more accepted across the country, much research has been done on different types of THC. Some people are interested in a specific type of THC called delta-8 THC, which is said to trigger interesting psychoactive effects. While no products using this specific type of THC have been investigated by the FDA, many people are still interested in it. Is delta-8 THC legal in the United States? Yes. However, many individual states have their own regulations regarding delta-8 THC.

What States Have Legalized Delta-8 THC?

On the federal level, delta-8 THC is legal. The 2018 Farm Bill makes all hemp and hemp compounds legal. Still, some people believe that delta-8 is a controlled substance, and some state governments agree. Fifteen states have explicitly banned the use of delta-8 THC products: Alaska, Colorado, Delaware, Idaho, Iowa, Minnesota, Montana, Nevada, New York, North Dakota, Oregon, Rhode Island, South Carolina, Utah, and Vermont.

Additionally, delta-8 THC is regulated in California, Connecticut, Louisiana, Maryland, Michigan, South Dakota, and Washington.

In other states, products containing delta-8 THC are broadly legal, but local regulations may include further guidelines. Some states have not explicitly made delta-8 THC illegal, but there are also situations where the law can be interpreted differently.

Can You Transport Delta-8 THC Across State Lines?

The federal law does not have a regulation declaring delta-8 THC illegal. Therefore, even though delta-8 THC products have not been specifically legalized at the national level, they may be legally transported across state lines so long as the states themselves have not outlawed the products. That said, it is important to remember that it can be very difficult to determine what other substances may be contained within a product. In addition to delta-8 THC, other potentially illegal compounds may be present in a given product unbeknownst to the transporting party. It is advisable to always examine the product carefully before deciding whether to use or transport it.

Is Delta-8 THC Safe?

The safety of various delta-8 THC products varies significantly depending upon the individual product. The FDA has not conducted research regarding delta-8 THC, so it is very difficult to predict individual reactions to this particular form of THC. As with any recreational substance, those interested in trying delta-8 products for the first time are advised to begin with a low dose and have other people around to assist in the event of an adverse reaction.