Where Is Delta 8 THC Illegal in the U.S.?

News & Updates

Where Is Delta 8 THC Illegal in the U.S.?

March 4, 2021

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?where in the us is delta 8 illegal

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.

Similar products

Shop the most popular products in our lineup, and see what people are raving about! From kratom capsules, to blends, and more, these options are what’s hot right now.

gud tonics, gud, gud tonic, herbal elixir, kava, kratom, kava extract, kava root, kratom extract, grh kratom, tropicolada, flavor profile, tropicolada flavor, pineapple, coconut, pina colada

Introducing GÜD Tonics, now available from GRH Kratom. This exhilarating new kava elixir combines the natural power of kava and kratom extracts, delivering a unique crescendo of effects. Awaken the sunlit serenity within with our piña colada flavor, TropiColada!

What to Expect When Taking GÜD Tonics:

  • Beach Vibes
  • Big Smiles
  • GÜD Times

With GÜD Tonics, it’s always a sunny day.

Feeling GÜD isn’t a moment, it’s a lifestyle. Embrace the essence of ‘Sunshine in a Bottle’ and let it radiate from within. Whether you’re after a little relaxation or looking to lift your spirits, it’s time to feel GÜD with the tantalizing, tropical taste of our TropiColada. Your journey to wellness starts here. Take a sip, bask in the moment, and let the GÜD vibes roll.

$9.95$119.95

FOCUS Kratom Blend from GRH Kratom:

A new blend of kratom strains in the GRH lineup! FOCUS is a bright and methodical blend of kratom meant to enhance your concentration, amp up your energy, and clear the mind. Attention to detail? You’ll have it with FOCUS on your side.

A proprietary house blend of Yellow & Green Vein kratom strains. Hone your focus today with FOCUS blend!

$15.00$100.00

FOCUS Kratom Blend from GRH Kratom:

A new blend of kratom strains in the GRH lineup! FOCUS is a bright and methodical blend of kratom meant to enhance your concentration, amp up your energy, and clear the mind. Attention to detail? You’ll have it with FOCUS on your side.

A proprietary house blend of Yellow & Green Vein kratom strains. Hone your focus today with FOCUS blend! This is the filled capsule version. Half a gram (.5g) per capsule.

$3.00$120.00

A Royal Introduction to the best liquid kratom shot on the market:

KING K Liquid Kratom Shot

With these kratom extract liquid shots, anyone can be KING. Claim Your Crown today.

Two regal options:

Silver (500mg kratom extract/ 150mg mitragynine content) & Gold (1,000mg kratom extract/ 300mg mitragynine content)

  • Individual King K shots (Silver or Gold)
  • Royal Pair (One [1] Silver and One [1] Gold)
  • or Gold Crown / Silver Crown (Pack of 15)

Buy the Gold King K or the Silver King K here today! The original makers of King K Liquid Kratom Shots.

Recommended Usage: 1 capful dose (3.5mL)

$12.99$620.00

Our blend of white vein kratom is popular for long days or work-filled nights. It’s known for increasing focus and energy, without a nasty crash. We’ve combined multiple strains of white vein kratom for the optimal blend of effects. Energy that doesn’t set you on edge, focus that’ll help you hone your strengths, and effects that last long enough to get you through it all. Busy bees, we salute you. Now go conquer the world.

Half a gram (.5g) per capsule.

$3.00$120.00

Our blend of white and green vein kratom is popular for its ultra-pleasant effects. It’s known for enhancing sociability and giving a mood-boost. A go-to for those with anxiety. We’ve combined strains of green and white vein kratom for the optimal blend of effects. Heighten your mood, enjoy time with friends, be the ray of sunshine on a cloudy day. No bad vibes allowed!

Half a gram (.5g) per capsule.

$3.00$120.00
18+ Content on this page is only for people over 18 years old.