Delta 8 THC and Delta 9 THC are legal in some states and illegal in others. The laws concerning marijuana and its derivative products are changing rapidly in the United States. If you need help, do not hesitate to contact us.
What is Delta-8 THC?
Delta-8 THC is a compound in the cannabis plant like Delta-9THC. Both get you high. But Delta-8 is generally milder. Delta-8 THC is made by chemically altering CBD (another compound in hemp) so it’s semi-synthetic.Since it’s from hemp it’s considered a legal alternative to Delta-9 THC instates where recreational cannabis isn’t fully legal.
What States Is Delta-8 THC Legal?
Delta-8 THC is explicitly allowed in the following states:
- Alabama
- Florida
- Georgia
- Illinois
- Indiana
- Kansas
- Kentucky
- Maine
- Maryland
- Massachusetts
- Missouri
- Nebraska
- Nevada
- New Jersey
- North Carolina
- Ohio
- Oklahoma
- Pennsylvania
- South Carolina
- South Dakota
- Tennessee
- Texas
- Virginia
- West Virginia
- Wisconsin
- Wyoming
Not Specifically Banned States
Delta-8 THC is not explicitly banned but may not be fully regulated in these states:
- Arkansas
- California
- Mississippi
In What States is Delta-8 THC Illegal?
Delta-8 THC is either banned or heavily regulated in thefollowing states:
- Alaska
- Arizona
- Colorado
- Delaware
- Idaho
- Iowa
- Minnesota
- Montana
- New York
- North Dakota
- Rhode Island
- Utah
- Vermont
- Washington
U.S. Territories and Properties:
- Puerto Rico: Currently, Delta-8 THC is unregulated, so its legality remains unclear. It's best to verify local regulations.
- Guam: Delta-8 THC is not specifically addressed but may fall under general cannabis laws.
- U.S. Virgin Islands: Cannabis products, including Delta-8, are restricted under current regulations.
- American Samoa: Delta-8 THC is not legal under American Samoa’s strict cannabis laws.
- Northern Mariana Islands: Delta-8 THC falls under regulated cannabis laws. While recreational cannabis is legal here, it’s best to confirm specifics for Delta-8.
Laws can vary and change, so staying updated with local regulations in these territories and properties is essential.
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What is Delta 9 THC?
Delta-9 THC, or tetrahydrocannabinol, is the main psychoactive compound in cannabis. It’s the one that gets you “high”. UnlikeDelta-8 THC, Delta-9 THC is found in large amounts naturally in the cannabis plant. It’s more potent than Delta-8 and is the most common form of THC in recreational and medical marijuana products.
States Where Delta-9 THC is Legal (Recreationally or Medically)
These states allow Delta-9 THC for recreational or medical use:
- Alaska
- Arizona
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Illinois
- Maine
- Massachusetts
- Michigan
- Montana
- Nevada
- New Jersey
- New Mexico
- New York
- Oregon
- Rhode Island
- Vermont
- Virginia
- Washington
States Where Delta-9 THC is Legal for Medical Use Only
These states allow Delta-9 THC with a medical marijuana card or prescription:
- Alabama
- Arkansas
- Florida
- Hawaii
- Louisiana
- Maryland
- Minnesota
- Missouri
- New Hampshire
- North Dakota
- Ohio
- Oklahoma
- Pennsylvania
- South Dakota
- Utah
- West Virginia
States Where Delta-9 THC is Restricted or Banned
These states restrict or ban Delta-9 THC, allowing only CBD products or very low THC levels (0.3% or less):
- Idaho
- Indiana
- Iowa
- Kansas
- Kentucky
- Nebraska
- South Carolina
- Tennessee
- Texas
- Wisconsin
- Wyoming
As with Delta-8 THC, the legal status of Delta-9 THCis constantly changing, so it’s important to check the latest regulations in your state or territory.
Can You Fly With Delta 8 THC or Delta 9 THC?
Flying with Delta-8 THC: Legal under federal law but depends on state laws at your destination
Flying with Delta-9 THC: Illegal under federal law; avoid carrying it on flights.
Can You Drive With Delta-9 THC?
Driving with Delta-8 THC: Legal to transport if not under the influence, but driving impaired is illegal.
Driving with Delta-9 THC: Always illegal if you're under the influence, with penalties similar to DUIs for alcohol.
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