View the complete list of states where cannabis is legal, restricted and illegal. We also cover the legality of hemp-derived THC versions like Delta-8 THC, Delta-10 THC and Delta-11 THC.
Hemp-derived THC cannabinoids have exploded in popularity over the last few years. This is mainly because they allow access to legal THC products that will get you high (or potentially help you medically), even in states that have yet to legalize high-THC cannabis for medical or recreational use.
As long as your Delta-8 THC is derived from legally-grown hemp then it’s legal at the federal level according to the 2018 Hemp Farming Act (which was part of the Farm Bill). The Ninth Circuit Federal Court of Appeals also recently ruled, in May 2022, that Delta-8 and other hemp-derived THC cannabinoids are federally legal under the aforementioned 2018 Farm Bill.
If you live in a cannabis-legal state and hemp-derived Delta-8 is listed here as illegal, you may still be able to buy cannabis-derived Delta-8 THC at your local dispensary.
*State laws are often contradictory, confusing, and subject to change
| US State | Hemp CBD | Medical Marijuana | Recreational | Hemp-derived THC (Delta-8, 10, 11, and others) | Notes |
|---|---|---|---|---|---|
| Alabama | Restricted | Yes (sales from 2023) | No | Legal but may change soon | |
| Alaska | Fully legal | Yes | Yes | Illegal | |
| Arizona | Fully legal | Yes | Yes | Illegal | |
| Arkansas | Fully legal | Yes | No | Legal | |
| California | Fully legal | Yes | Yes | Legal | Marijuana-derived D8 is legal |
| Cororado | Fully legal | Yes | Yes | Illegal | |
| Connecticut | Fully legal | Yes | Yes | Regulated | |
| Delaware | Fully legal | Yes | No | Illegal | |
| Florida | Fully legal | Yes | No | Legal | |
| Georgia | Restricted | No | No | Legal | |
| Hawaii | Fully legal | Yes | No | Legal | |
| Idaho | Illegal | No | No | Illegal | |
| Illinois | Fully legal | Yes | Yes | Legal | |
| Indiana | Restricted | No | No | Legal | |
| Iowa | Restricted | No | No | Illegal | |
| Kansas | Restricted | No | No | Legal | |
| Kentucky | Restricted | No | No | Legal | |
| Louisiana | Fully legal | Yes | No | Legal | |
| Maine | Fully legal | Yes | Yes | Legal | |
| Maryland | Fully legal | Yes | No | Legal | |
| Massachusets | Fully legal | Yes | Yes | Legal | |
| Michigan | Fully legal | Yes | Yes | Regulated | |
| Minnesota | Fully legal | Yes | No | Edibles only | |
| Mississippi | Restricted | No | No | Illegal | |
| Missouri | Fully legal | Yes | No | Legal | |
| Montana | Fully legal | Yes | Yes | Illegal | |
| Nebraska | Illegal | No | No | Legal | |
| Nevada | Fully legal | Yes | Yes | Illegal | |
| New Hampshire | Fully legal | Yes | No | Legal | |
| New Jersey | Fully legal | Yes | Yes | Legal | |
| New Mexico | Fully legal | Yes | Yes | Legal | |
| New York | Fully legal | Yes | Yes | Illegal | |
| North Carolina | Restricted | No | No | Illegal (but not enforced yet) | |
| North Dakota | Fully legal | Yes | No | Illegal | |
| Ohio | Fully legal | Yes | No | Legal | |
| Oklahoma | Fully legal | Yes | No | Legal | |
| Oregon | Fully legal | Yes | Yes | IllegaI | |
| Pennsylvania | Fully legal | Yes | No | Legal | |
| Rhode Island | Fully legal | Yes | No | Illegal | |
| South Carolina | Restricted | No | No | Legal | |
| South Dakota | Illegal | Yes | No | Legal | |
| Tennessee | Restricted | No | No | Legal | |
| Texas | Restricted | No | No | Legal | |
| Utah | Fully legal | Yes | No | Illegal | |
| Vermont | Fully legal | Yes | Yes | Illegal | |
| Virginia | Restricted | Yes | Yes | Legal | |
| Washington | Fully legal | Yes | Yes | Legal to possess (but not manufacture or distribute) | |
| West Virginia | Fully legal | Yes | No | Legal | |
| Wisconsin | Restricted | No | No | Legal | |
| Wyoming | Restricted | No | No | Legal | |
| Washington DC | Fully legal | Yes | Yes |
Learn more about psychoactive cannabinoids
Click the links below to learn about the different types of psychoactive cannabinoids available.