Laws by state
Delta-8
Where it is legal, restricted or banned in every US state we track, with the law behind each status and the latest news on changes.
Federal status
Delta-8 THC products have been sold as hemp under the 2018 Farm Bill, though the DEA's position is that cannabinoids made by chemical conversion are synthetic and remain controlled. Starting December 11, 2026, the federal hemp definition excludes cannabinoids synthesized outside the plant and counts delta-8 toward the 0.4 mg total-THC per-container cap, which takes nearly all delta-8 products out of the hemp category.
Status by state ·
Delta-8
Legal status in every state
State
Status
Limits
Key law
We don't track this cannabinoid state by state yet. The table below compares the five compounds we do track.
Open the state-by-state mapOverview
What to know
Delta-8 THC is an intoxicating cannabinoid closely related to delta-9 THC, the main active compound in marijuana. The plant makes only trace amounts, so nearly all delta-8 on the market is made by chemically converting hemp-derived CBD. It is sold as gummies, vapes, tinctures and infused flower.
Delta-8 spread after the 2018 Farm Bill because the hemp definition limited only delta-9 THC. Federal appeals courts have treated hemp-derived delta-8 as lawful hemp, while the DEA has said conversion-made cannabinoids are synthetic and not protected. The FDA has warned consumers and sent warning letters to companies selling delta-8 foods. Many states restrict or ban delta-8 outright.
The November 2025 federal hemp redefinition targets delta-8 directly. It counts delta-8 in total THC and excludes cannabinoids synthesized or manufactured outside the plant. Those changes now take effect December 11, 2026, after a September 2026 funding law delayed them by about a month. Check your state's rules in the meantime.
Latest
Latest news and analysis
FAQ
Common questions
Is delta-8 legal federally?
Until December 11, 2026, hemp-derived delta-8 is sold under the 2018 Farm Bill's hemp definition, though the DEA disputes that conversion-made delta-8 qualifies. On December 11, 2026, the new federal hemp definition excludes synthesized cannabinoids and counts delta-8 toward the 0.4 mg per-container cap.
Will delta-8 be banned in 2026?
Effectively, yes, at the federal level. Starting December 11, 2026, most delta-8 products will no longer meet the federal definition of hemp. The date was originally November 12 but was moved by a funding law signed September 2, 2026.
Is delta-8 natural or synthetic?
Delta-8 occurs naturally in cannabis, but only in tiny amounts. Commercial delta-8 is almost always made by converting CBD in a lab, which the new federal law treats as "synthesized or manufactured outside the plant."
Does the FDA regulate delta-8?
The FDA has not approved delta-8 for any use and has issued consumer warnings and joint FDA/FTC warning letters to companies selling delta-8 foods that mimic snack brands.