Is Delta 8 THC Legal?

Delta 8 THC has gained significant popularity for its unique effects—often described as a smoother, more body-focused experience compared to Delta 9 THC. If you’re curious about trying Delta-8, you’re probably wondering: is it legal?

Yes, Delta 8 THC is Federally Legal—But State Laws Vary

Under the 2018 Farm Bill, hemp-derived cannabinoids, including Delta 8 THC, are federally legal as long as they are derived from hemp and the final product contains no more than 0.3% Delta-9 THC on a dry weight basis.

The key distinction between hemp and marijuana under federal law lies in their Delta 9 THC content:

• Marijuana is cannabis with more than 0.3% Delta-9 THC and remains federally illegal.
• Hemp is cannabis with less than 0.3% Delta 9 THC and is federally legal.

However, state regulations on Delta-8 THC vary widely, with some states fully embracing it and others placing restrictions or outright bans.

Advocating for Fair Hemp Policy at the State and Federal Level

At RESTART, we are not just a cannabis brand—we are industry leaders advocating for better policies that ensure safe, legal, and regulated access to hemp-derived cannabinoids like Delta-8, Delta-9, and beyond. Through our work with the Texas Hemp Coalition and the U.S. Hemp Roundtable, we actively engage in discussions with lawmakers in Texas and at the federal level to protect and expand access to hemp products.

The regulatory landscape is constantly evolving, and we are committed to pushing for science-backed policies that prioritize consumer safety, product transparency, and industry growth.

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Where is Delta 8 THC Legal?

While Delta 8 remains federally legal, some states have imposed restrictions. Here’s the latest breakdown:

✅ States Where Delta 8 is Legal

Delta 8 is fully legal in these states, meaning you can purchase and use it without state-imposed restrictions:

• Alabama
• Arkansas
• California
• Florida
• Georgia
• Illinois
• Indiana
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts
• Minnesota
• Mississippi
• Missouri
• Nebraska
• New Hampshire
• New Jersey
• New Mexico
• North Carolina
• Ohio
• Oklahoma
• Pennsylvania
• Puerto Rico
• South Carolina
• South Dakota
• Tennessee
• Texas
• Virginia
• West Virginia
• Wisconsin
• Wyoming
• Washington D.C.

🚫 States Where Delta 8 is Restricted or Banned

These states have either banned Delta 8 entirely or placed severe restrictions on its sale and use:

• Alaska ❌
• Arizona ❌
• Colorado ❌
• Connecticut ❌
• Delaware ❌
• Hawaii ❌
• Idaho ❌
• Iowa ❌
• Michigan ❌
• Montana ❌
• Nevada ❌
• New York ❌
• North Dakota ❌
• Oregon ❌
• Rhode Island ❌
• Utah ❌
• Vermont ❌
• Washington ❌

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Why This Matters

As hemp policy continues to develop, it’s critical that we advocate for fair regulations that protect both businesses and consumers. The work we do with organizations like the Texas Hemp Coalition and the U.S. Hemp Roundtable helps educate policymakers, fight unnecessary restrictions, and ensure that Texans and Americans alike have access to safe, high-quality hemp products.

🚀 Want to get involved? Stay informed, support advocacy efforts, and join us in pushing for better hemp policy. Your voice matters.