
Map of States Where Delta 8 Marijuana is Legal

List of States Where Delta 8 is Legal
- Alabama
- Arkansas
- Florida
- Georgia
- Hawaii
- Illinois
- Indiana
- Kansas
- Kentucky
- Maine
- Maryland
- Massachusetts
- Minnesota
- Missouri
- Nebraska
- New Hampshire
- New Jersey
- New Mexico
- North Carolina
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- South Carolina
- South Dakota
- Tennessee
- Texas
- Virginia
- West Virginia
- Wisconsin
- Wyoming
- Washington D.C.
What is Delta 8 Weed / Marijuana / Cannabis?
Clearing the Confusion Around Delta-8 (THC)
Gaining popularity is THC at its molecular level, delta-8. There are different “varieties” of the delta category. Delta-7, delta-8, and delta-9 are some of the most popular. delta-8 has become the front runner of psychoactive cannabinoids. Delta-9-tetrahydrocannabinol (delta-9 THC) is the familiar one to the astute with these cannabis strains. In 2020/2021 delta-8 became one of the fastest-growing Cannabis products in the country.

High concentrates of THC can be found in the delta-9 strain and delta-8 is lower in potency but can pack a similar punch. The only difference between delta-8 and delta-9 is a molecule that is slightly modified or an “altered state” of its structural chemistry.
There are over one hundred cannabinoid types in a cannabis plant. The euphoric feeling of the type of “high,” is the type of cannabinoid. It has been reported delta-8 can give less of a high and reduced anxiety and a clearer concise concentration of focus than its cousin delta-9. Hemp-derived CBD is the plant-derived material used to manufacture delta-8. There is little naturally occurring delta-8 in a plant an example, acetic acid is a common chemical used to create Delta-8 THC. Production using string acids is utilized to create delta-8 offering the mind-altering state.
US federal agriculture in 2018 created legislation, of derived from hemp “materials” delta-8 was made legal through a loophole in a Farm Bill.
The FDA states: “The natural amount of delta-8 THC in hemp is extremely low, and additional chemicals are needed to convert other cannabinoids in hemp, like CBD, into delta-8 THC (i.e. synthetic conversion). “
See the FDA’s article 5 Things to Know about Delta-8 Tetrahydrocannabinol – Delta-8 THC
Health Concerns Around Delta Cannabinoids
However, the FDA has become mindful and delta cannabinoids are on their radar with a surge in reports of health concerns, marketing to children, and chemical methods of manufacturing.
There are concerns about the use of delta-8 and states like Kansas, in 2022 outlawing delta-8 which could be purchased in liquor stores, head shops and medical marijuana dispensaries. Just over the border In KC Missouri, it is legal. You can purchase delta-8 without issue.
In Kansas, delta-8 is classified as a Schedule 1 controlled substance, in the same category as many opioids are. As Heather Sharpe co-owner of KC Hemp Co., “It has been referred to as weed little brother, or diet weed if you will. It does have intoxicating effects, but they are much milder.”
See the article: Confusion over Delta 8 in Kansas, as AG issues opinion saying it’s unlawful
Where is Delta 8 THC Illegal?
List of States Where Delta 8 is Illegal:
- Alaska
- Colorado
- Delaware
- Idaho
- Iowa
- Kansas
- Montana
- New York
- Nevada
- North Dakota
- Rhode Island
- Utah
- Vermont
- Washington
Delta-8 THC is illegal in fourteen states: Rhode Island, Kansas, Washington, Vermont, Alaska, Utah, North Dakota, New York, Nevada, Delaware, Iowa, Idaho, Colorado, and Montana an interesting fact in the first two states to legalize marijuana, delta-8 is illegal in Washington and Colorado. The irony is some of the states that marijuana is not legal in, delta-8 is legal.
New insights from extensive research have become known touting the benefits of delta-8 for many supporters of the THC.
There are many studies with cancer patients using cannabis as a substitute for pharmaceutical anti-inflammatory drugs, and anti-nausea medicine. There has been little research done, this industry has a bad wrap and studies are not funded in the USA, many say often. In Israel studies are ongoing as to the benefits of delta-8, delta-9, and CBD. It is not hard to find online comments that delta-8 may also be a potential treatment for pain and inflammation, increased appetite, opioid addiction, and treating cognitive issues such as Alzheimer’s disease.
The National Cancer Institute Drug Dictionary recognized that delta-8-THC has medicinal benefits including neuroprotective properties analgesia and appetite stimulation. A report by the National Cancer Institute noted that delta-8 THC, delta-9 THC, and CBD were all shown to have the ability to stop tumor growth. Research quickly “stunted” testing in mice proving tumor reduction rates was not going to be funded long-term.
See the article: Antineoplastic Activity of Cannabinoids
In closing, with the two paragraphs below Good Rx states:
“The biggest risk of delta-8 is that it is not regulated, which means that safety, purity, and strength cannot be guaranteed. Until more research is done, and stricter regulations are passed, it is safer to use normal delta-9 THC products from regulated cannabis markets instead of delta-8”.
“From a medical standpoint, pure delta-8 is just as safe as delta-9. However, from a practical standpoint, there is no safe amount, because there is no guarantee of purity (due to lack of regulation). Much more research is needed to understand what a standard serving size of delta-8 should be”.
See the article: Is Delta-8 THC Safe? Learn About the Risks, Side Effects, and How to Spot It
Controversial as it may be delta-8 is here to stay and continues to show growth with the consumer segment. Advocates most certainly hope it stays legal and does not go underground. The Feds are coming as the popularity rises and delta-8 could be facing further Prohibition.