Delta-8 THC is a cannabinoid found in hemp plants that has become increasingly popular in recent years. But is it legal in all 50 states? The answer is complicated. In Wisconsin, Delta-8 is legal and not classified as a controlled substance. This means that the use, possession, sale, purchase and production of Delta-8 products are allowed without risk of sanction or prosecution.
However, a preliminary court order in Texas has placed Delta 8 in a legal gray zone, making it a risky investment for retailers. In South Carolina, Delta-8 is legal but Attorney General Alan Wilson has stated that Delta-8 products derived from hemp plants with a federal THC limit of 0.3% are not allowed anywhere in the state. The Federal Analogue Act identifies chemicals and substances that are similar to illegal drugs and classifies them as controlled substances in Schedule I or Schedule II of the CSA. Delta-8 is illegal in Mississippi, Idaho, Rhode Island and North Dakota under state law and is classified as a banned controlled substance.
In New Hampshire, Delta-8 is legal and not considered a banned controlled substance following the passage of House Bill 459, which legalized hemp and hemp-derived compounds, including Delta-8.In New Mexico, Delta-8 is legal and not classified as a controlled substance under the New Mexico Hemp Manufacturing Act. Greenway has created a map that highlights the states where Delta-8 is currently banned or restricted, as well as the states that are currently considering banning it. It's important to stay up to date on the latest developments regarding Delta-8 legality in your state.
