In a previous article, we discussed the significance of the 2018 Farm Bill legalizing industrial hemp and Delta 8 THC. This time we’re going to shine a light on your question, is Delta 8 illegal? As we’ve mentioned, Delta 8 THC is federally legal when derived from hemp. But it’s not that simple – Delta 8 THC is illegal in 11 states, no matter how it’s derived or sold. Let’s see all the reasons behind this. 

Why Is Delta 8 Illegal in Some But Not All?

Websites on marijuana law often point out the major differences between state laws and federal laws, and we’re chiming in. Each State has laws regarding cannabis components – some classify it as legal, other as illegal; some say it’s a Schedule I drug, others say it should be a Schedule III drug. Unfortunately, there are currently 11 states where Delta 8 THC is illegal: Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, Rhode Island, and Utah. 

Let’s take a look at them individually.

Alaska 

The government of Alaska signed the Alaska Industrial Hemp Pilot Program in 2018, which allowed research on the “growing, cultivation, and marketing” of industrial hemp. However, their FAQ section contains a document that clearly states industrial hemp cannot be grown or marketed in Alaska by individuals who haven’t met their additional requirements. This essentially bans all the components of industrial hemp, which includes Delta 8 THC as well. Their official legal document containing this information can be found here. 

Arizona 

Is Delta 8 illegal in Arizona? The State of Arizona has gone through many changes regarding their status of medical marijuana. Since the Arizona Medical Marijuana Act was passed in 2010, medical marijuana possession of up to 2.5 ounces is legal. The possession, cultivation, and manufacturing of non-medical marijuana is considered a ‘serious crime’ in Arizona and is subject to penalties. Find the site containing this information here. 

Arkansas 

Although the State of Arkansas states it doesn’t consider ‘hemp-derived cannabidiol and tetrahydrocannabinol to be marijuana under the criminal statute’, Delta 8 THC is still illegal in this state. Find the complete list of Arkansas marijuana laws here.

Colorado 

The State of Colorado has its own criminal code that puts Delta 9 THC and its isomers in the category of Schedule III drugs and bans all parts and components of the cannabis plant. This is confusing for some people because Colorado allows possession and use of marijuana for people over 21 who have a license. However, Delta 8 THC is illegal to use, purchase, or distribute in this state. Read more about Colorado’s laws regarding marijuana here.  

Delaware 

The State of Delaware has much more strict laws regarding cannabis. Under the state law of Delaware, possession of marijuana and its components, including Delta 8 THC, is a criminal offense since it falls under the category of Schedule I drug. Why is Delta 8 illegal in Delaware? Read more here. 

Idaho 

Under the Idaho Uniform Controlled Substances Act, marijuana is a Schedule I drug, and possession or distribution of any amount of it is subject to penalties or imprisonment. This, unfortunately, makes Delta 8 THC illegal in Idaho as well. Read more about Idaho’s marijuana laws here. 

Iowa 

The State of Iowa is also one of the states where Delta 8 THC is illegal due to it being an isomer of Delta 9 THC. Like Idaho and Delaware, Iowa also includes cannabis and its components in their list of controlled substances. You can find the full document of Iowa’s controlled substances here. 

Mississippi  

Although cannabis is decriminalized in the State of Mississippi to some extent, Delta 8 THC is still illegal to possess, purchase, cultivate, or use in this state. It’s good to mention that Mississippi has more relaxed laws regarding cannabis (and kudos to that!), but it should be noted that this component is not legal in this state and is subject to penalties. Read more here. 

Montana  

According to an article by PotGuide, the State of Montana legalized recreational marijuana in 2020, making the possession of up to 1 ounce of cannabis and 8 grams of concentrate legal for medical use, much like Arizona. However, what makes the situation a bit confusing is that Delta 8 THC is still illegal, but this may be prone to changes in the future. 

Rhode Island 

A huge contrast to the State of Montana, possession of marijuana or any of its components, including Delta 8 THC, is illegal in Rhode Island and is punishable with high penalties and even imprisonment. However, it’s good to know that using medical marijuana in Rhode Island is legal with a license. Why is Delta 8 illegal in Rhode Island? Read more about their cannabis laws here. 

Utah 

The State of Utah allows medical CBD and medical marijuana as long as a physician recommends them. However, Delta 8 THC or any other component of the marijuana plant remains illegal in this state. Read about the penalties associated with possession or distribution of marijuana in Utah here.  

GRH Kratom Selling in Legal States

So, to answer your question, is Delta 8 THC illegal?, the answer is yes and no depending on the state. Although this is the current situation regarding Delta 8 THC in these states, laws and regulations are prone to change. We’re really excited to see if anything new occurs in the near future. In the meantime, we’ll keep speaking our mind about the benefits of this plant and its components, just as we do for the kratom for sale on our site.

Jasmin Weber

Jasmin Weber has been working in the kratom & CBD industry for 3 years with Grassroots Harvest and GRH Kratom. She regularly writes content for both the cannabis and kratom websites of these stores & can also be found featured on related sites around the web.