Is Delta-8 THC Legal?

These days, there is a lot of confusion surrounding the legality and regulations of cannabinoids like delta-8 THC. With states having their own ability to curate legislation, it makes it difficult to keep up with where delta-8 is permitted — and where it’s not.

So, today, we’re talking in-depth about delta-8 products and their legality across the United States. This way, you know exactly what to expect in terms of D8 consumption and sales no matter where you’re traveling or where you live. 

So, Is Delta-8 THC Legal? 

The legality of cannabinoids like delta-8 THC is confusing because laws are different at the state and federal levels. Regardless of what federal laws dictate, the states are still allowed to craft specific regulations pertaining to cannabis or cannabis products.

Simply put, delta-8 THC is legal at the federal level thanks to the 2018 Farm Bill. As long as delta-8 THC products follow certain governmental guidelines, the cannabinoid is legal for purchase, possession, and consumption in the US.

However, at the state level, this is not the case. Delta-8 THC is permitted in various states in the US, but it’s also strictly regulated and banned in many others. (Which we will cover more in detail later.) 


Also, some places have strict regulations on THC isomers, specifically. THC isomers refer to cannabinoids with the same chemical structure as THC, just arranged differently. Delta 8 THC is an example of a THC isomer, and therefore, isn’t allowed in places with bans on THC isomers, unfortunately.

So, when exploring cannabinoid regulations in your area, you should look for both delta-8 THC regulations and regulations on THC isomers as a whole. 

What is the Farm Bill?

The 2018 Farm Bill was the piece of legislation that legalized hemp production and hemp-derived products in the United States.

Along with other topics, the Farm Bill addressed the legalities of hemp cultivation and what products could be produced using hemp. The bill decided that products that were hemp-derived and did not include more than 0.3% THC were federally legal across the US. But, if the product contains any more than 0.3% THC, it is considered marijuana and is no longer federally legal.

We can thank the 2018 Farm Bill for the explosion of cannabinoid popularity, as it made various compounds and products legal for people who may have never been able to try them otherwise. It was the Farm Bill that really helped lead the exponential growth of the CBD industry, and then more and more cannabinoids followed suit.

However, the 2018 Farm Bill left a bit of room for interpretation, causing gray areas for some cannabinoids. Only recently has the DEA come out to clarify that synthetic cannabinoids like THC-O are not covered under the bill and are, therefore, illegal controlled substances.

Thankfully, delta-8 THC is covered under the Farm Bill and is 100% federally legal in the US. But, again states themselves have their own regulations surrounding the cannabinoid, so you can’t rely entirely on federal laws. 

Read the Full Farm Bill

The Future of THC Legalization

Right now, the future of THC legalization is a bit up in the air. The country has long been divided on the issue, with a lot of the US showing huge support for federal cannabis legalization and the other half showing strict opposition.

There have been several attempts to get a federal cannabis legalization bill passed, but many of these proposals are rejected early on and don’t make it to the House or Senate.

In 2023, there are two major pieces of legislation surrounding cannabis legalization on some level: the Marijuana Opportunity Reinvestment and Expungement Act  (MORE) and the Cannabis Administration and Opportunity Act (CAOA).

Both of these acts would be transformative for the cannabis industry. The MORE Act would do things like remove cannabis from the controlled substances list, as well as expunge most cannabis-related convictions. The CAOA would also remove cannabis as a controlled substance and allow states to do what they wish with cannabis regulations — as simple as that.

The MORE Act was first proposed back in 2019, but it’s gone through a series of amendments (and rejections) since then. Now, the bill passed in the House and is still awaiting action. The CAOA is also awaiting action. 

Delta-8 THC Legalization by State

We’ve talked about how delta-8 THC is legal on the federal level, but that some states have banned or regulated it. So, where is delta-8 THC illegal? We’ll let you know. 

The following are the states that have banned delta-8 and delta-8 products of all kinds: 


Along with these states, there are four additional states where the laws surrounding delta-8 are unclear and you may not be able to enjoy the cannabinoid there. 


These states are as follows:


Types of Delta-8 Products Available Online 

Even though the legality of delta-8 THC may be debated across the country, there are still various product options you can choose from if you’re lucky enough to live in a place where D8 is legal.

Here at CannaAid, we have a huge selection of top-shelf delta 8 THC products of varying types. From edibles and cartridges to pre-rolls and capsules, we’ve got something for every delta-8 fan to enjoy. Quickly, we’re covering what each of these products has to offer. 

Delta-8 Edibles & Delta-8 Gummies

Edibles like delta-8 gummies are some of the most popular types of cannabis products on the market. People love delta-8 edibles and gummies because they’re easy to consume, tasty, and provide potent, long-lasting effects that are hard not to love.

CannaAid offers a huge selection of delta-8 edibles like gummies, saltwater taffy, rice treats, and more. So, no matter what your taste buds are craving, you’ll find a delta-8 edible that works for you and your preferences.

We sell our delta 8 edibles and delta 8 gummies in various strengths depending on what works best for you. You can find stronger or milder options for a wide range of tolerances, but don’t worry: they’re all just as delicious as the next.


How many delta-8 gummies you consume depends on your tolerance level. If you’re new to the world of delta-8, it’s typically best to start with only half a gummy to see how your body reacts. If that’s not strong enough, you can try the whole gummy next time. 


However, keep in mind that you have to be patient with edibles like gummies. These products take much longer to kick in than others, and you may be waiting anywhere from 30 minutes to two hours for the gummies to start working. So, make sure you wait several hours before deciding that your dose wasn’t strong enough. 

Delta-8 Tincture

Delta-8 tinctures are great product options for those consumers who want quick, potent results in an accessible manner. With a tincture, you simply fill the pre-measured dropper with the D8 oil and then place the dosage either under your tongue or within your food or beverage.

Sublingual consumption (under the tongue) is the best for the quickest, more potent results. When you consume the oil this way, it has a fast track to your bloodstream, allowing for results within minutes. When you consume it orally (adding it to food or drink), you’ll have to be patient like with an edible. Your body has to first digest the food or drink you added the tincture to before the cannabinoids can start breaking down.

At CannaAid, we offer delta 8 tinctures in varying strengths and blends depending on what works best for you. You can find mild, strong, and extra-strong options, as well as different extracts for unique purposes. Just make sure you take the time to determine what kind of strength you’re looking for and establish your purpose for consumption before making a purchase. This will make it much easier for you to determine which product is right for you. 

Delta-8 Carts

Many people enjoy the ease and relief that comes from puffing on delta-8 carts. Delta-8 carts, or delta-8 cartridges, are cartridges filled with delta-8 THC extract that you attach to a vape battery to smoke. The battery heats up the extract in the chamber of the cartridge, vaporizing the substance and allowing you to take full, milky puffs from the pen itself.

Smoking a delta-8 cartridge produces significantly less of a “weed-like” smell than flower does, making it a bit more discreet overall. People love taking products like delta-8 cartridges with them on outdoor adventures or group sessions, as they are portable, easy to use, and produce instant effects.

When you smoke delta-8 vape cartridges, the cannabinoids are heated immediately and get to work practically the moment they reach your lungs. So, if you want the quickest, most potent results, smoking your delta-8 is the way to go.

CannaAid offers delta 8 cartridges in strains of varying types. No matter what your taste buds are craving or what your favorite effects are, we have a delta-8 cartridge that will get the job done. And, even better, they’re all available in 1,000 mg. options. 

Delta-8 Vape Pen

If you don’t have a vape battery at home, a great option when buying delta-8 is to check out a disposable vape pen. Delta 8 disposable vapes are full vape pens that are full of D8 extract. You simply puff on them until the extract is finished and then you toss the disposable out. It’s not reusable; instead, you purchase a new one each time. (Hence the name “disposable.”)

Like delta-8 vape cartridges, you can find delta-8 vape pens in various strains and strengths depending on what most appeals to you. CannaAid offers several different delta-8 vape pens with different designs, blends, and potencies, so you can find exactly what works best for your smoking needs and desires. But, rest assured that each one of these delta-8 disposable vapes is high-quality and ready to get you feeling high, too. 

Delta-8 Pre-Rolls

If you want to smoke delta-8 THC but don’t want to puff on a vape, you can always check out delta-8 pre-rolls, instead.

Delta 8 pre-rolls are pre-rolled joints that contain delta-8-coated hemp flower. You smoke them just as you would any other joint, and they produce strong, nearly instant effects — just like vapes. Pre-rolls are better for those looking for a cleaner smoke, though, as it’s simply pure flower and D8 distillate.

CannaAid offers our delta 8 infused CBD pre-rolls in four different strains: Bubba Kush, Granddaddy Purple, Tropicana Cookies, and Sour Diesel. We pack 100 mg. of delta-8 THC in every pre-roll to provide consumers with a distinct D8 experience that you can’t get anywhere else. 

Delta-8 Capsules

If you aren’t interested in smoking or eating your delta-8 THC, you’re not out of luck. Delta 8 capsules and softgels are great options for those who want their daily dose of delta-8 THC without tasting it.

You take these delta-8 softgels the same way you would your typical vitamin or supplement. Then, the effects will kick in anywhere from 30 minutes to an hour or so later. You have to be a bit patient, but consuming these products is effortless — especially if you already have some supplements you take daily.

CannaAid has a huge selection of delta 8 softgels capsules depending on the blend you’re wanting to consume. You can find them under our “delta-8 edibles” section when shopping. 

Delta-8 Distillate & Delta-8 Distillate Syringes

Finally, delta 8 distillate and delta 8 distillate syringes are great for enjoying delta 8 THC in so many different ways. With this type of product, you use the detachable distillate syringe to soak up some delta-8 distillate and then add it to your cooking, your flower, or even a refillable vape cartridge.

Delta-8 distillate comes in various strains and is quite a potent product. You won’t have to use much of a D8 distillate to get the effects you’re looking for, so consume carefully.

People love this type of product for its versatility. You can use it for various reasons, experimenting with what consumption method works best for you. And, of course, CannaAid has various delta 8 distillate syringes for you to choose from. 

Where Can I Get the Best Delta-8 Products Online? 

With so many brands crafting delta-8 THC products these days, it can sometimes be tough to figure out which companies offer the best delta-8 products online possible. But, we’re here to help.

At CannaAid, we have a huge selection of top-shelf delta-8 THC products — all of which are backed up with updated COAs to prove potency and purity. Our delta-8 products are highly rated, with various testimonials supporting their quality, potency, and overall experience. No matter what strain, strength, or product type you’re looking for, you can always rely on CannaAid to give you the best of the best.

While you’re shopping, you can always reach out to our customer service team for help, too. We will answer any questions you may have, helping you have the ideal delta-8 buying experience. 

Final Thoughts: D8 Legality 

Now you know that delta-8 THC is federally legal in the United States, but isn’t legal in every state. With this in mind, you have to be careful when buying delta-8 THC to ensure that you’re not breaking the law in any way. Just because your state hasn’t criminalized delta-8 THC doesn’t mean there aren’t any regulations surrounding it (and it also doesn’t mean it won’t ban it in the future). Thus, it’s important to keep an eye on cannabinoid regulations in your area to ensure that you’re on the right side of the law.


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