State delta 8 THC laws are evolving rapidly, despite the lack of any federal regulation of delta 8 and other hemp-based products.
The Department of Justice agreed in a 2009 memo to allow state sales of marijuana and delta 9 THC as long as the states generally restrict sales to adults 21 and over and sellers follow all state laws. But there is no federal age requirement for hemp-derived cannabis like delta 8, which was legalized by the 2018 Farm Bill.
Some states have implemented their own age restrictions, and others have banned the sale of delta 8 THC (or all hemp-derived cannabinoids) altogether. Some states haven’t addressed the issue at all.
This article will try to bring some order to the confusing mess that is delta 8 age laws.
What is delta 8 THC?
When someone mentions “THC,” they usually mean delta 9 THC—the primary intoxicating cannabinoid in marijuana. Delta 9 is illegal federally, but about half of U.S. states now allow sales under the terms of the Justice Department memo described above.
Delta 8 THC is a trace cannabis compound, and unlike delta 9, isn’t federally illegal. In most states, you don’t need to visit a state-controlled dispensary to buy legal delta 8 products, a fact that hasn’t slipped past curious teenagers.
But let’s back up for a second. It’ll get you high, but delta 8 is only around half as potent as marijuana-derived delta 9 THC. Whether that’s positive or negative depends on the user. You can expect similar side effects, too, despite claims that delta 8 offers all the perks of weed with few to no drawbacks.
“Diet weed” or not, delta 8 is a psychotropic cannabinoid and ideally should only be used by adults. It binds to the same nervous system cannabinoid receptors (CB1 and CB2) as delta 9 THC.
Is delta 8 THC legal?
Assuming you’re of age (we’ll break that down in a second), it’s federally legal to buy delta 8 products in the United States—for now. That could change when a new farm bill is adopted later this year; some members of Congress want to make all intoxicating hemp-derived cannabinoids illegal.
State laws vary—and they vary a lot in the case of delta 8.
Delta 8 THC: state vs. federal laws
As of September 2024, hemp isn’t federally regulated in the United States.
That doesn’t translate to “illegal,” mind you. Hemp products must have a dry weight limit of 0.3% delta 9 THC but are otherwise permitted for sale by the U.S. government.
We already mentioned that states decide which, if any, hemp products are allowed to be sold. Regulations can also occur at the state level, but frequently, it doesn’t go far beyond “legal” or “illegal.”
States like Florida are trying to add quality control measures to delta 8 production. Tennessee also requires delta 8 THC products to be third-party lab tested, though again, this isn’t a federal law. Other states are headed in a similar direction.
Basically, the lack of a federal age requirement doesn’t mean that minors can (or should) buy delta 8 products. States are allowed to set their own restrictions.
Age requirement to buy delta 8: state by state
This list is up to date as of September 2024. It could change in the very near future, so you’ll want to keep an eye on hemp restrictions in your area. The industry is still young and laws around it are evolving; several statewide bans took effect during 2024.
States without legal delta 8
Let’s just get these ones out of the way. A growing number of states have banned delta 8 THC products for consumers of any age, even those over 21. Others have folded hemp-based products into their rules for legal marijuana sales.
- Alaska
- Arizona
- California*
- Colorado
- Connecticut*
- Delaware
- Hawaii*
- Idaho
- Iowa
- Kansas
- Massachusetts
- Michigan*
- Mississippi
- Missouri
- Montana
- Nevada
- New Hampshire
- New York
- North Dakota
- Oregon
- Rhode Island
- South Carolina*
- South Dakota
- Utah
- Vermont
- Virginia
- Washington
- Wyoming
*Highly restricted or laws unclear
Many states have banned delta 8 outright, while others have ambiguous or developing laws. Hawaii has banned certain hemp-based products (all foods and drinks, vapes, flower) and doesn’t take a clear stance on whether delta 8 THC is permitted at all. Only capsules (including softgels and gelcaps), powders, oils, and topicals are legal.
States with legal recreational marijuana aren’t necessarily more likely to be delta 8 friendly, by the way. The weed industry is booming in states like Colorado, Michigan, and Oregon, and those states have rewarded state-regulated marijuana businesses by banning or restricting hemp-derived alternatives.
States with no age requirement to buy delta 8
Several states with delta 8 THC haven’t written a minimum age into law (yet).
- Arkansas
- Illinois
- Louisiana
- Maine
- Nebraska
- New Jersey
- New Mexico
- Ohio
- Oklahoma
- Pennsylvania
- Texas
- Washington D.C.
- Wisconsin
Without clear legal requirements on the state or federal level, it’s up to store owners and online sellers to prevent underage sales. Responsible vendors aren’t eager to sell to teenagers, but such sales are more likely to slip through in states that haven’t specifically banned them.
One last thing: while there isn’t always a minimum age to buy delta 8, there could be for CBD. Some states even limit the types of products their residents have access to. Louisiana has banned all inhalable hemp products, for instance.
States where you must be 21 to buy delta 8
Finally, several states have passed bills requiring delta 8 customers to be at least 21 years old.
- Alabama
- Florida
- Georgia
- Indiana
- Kentucky
- Maryland
- Minnesota
- Tennessee
- West Virginia
Delta 8 THC vs. CBD: how do laws differ?
CBD is the best-known hemp product, earning commercial fame right after the plant’s U.S. legalization. No amount of CBD will get you high. That's because, unlike delta 8 THC, CBD products aren’t psychotropic.
Delta 8 THC and CBD are lumped together under federal law. Both are permitted thanks to the 2018 Farm Bill, as long as products contain under 0.3% delta 9 THC by dry weight. In fact, the delta 8 you’re buying on the hemp market is just chemically modified CBD.
It hasn’t taken long for state governments to begin singling out delta 8 THC. Even in locations where CBD is perfectly legal and accessible, delta 8 might be banned.
Delta 8 shipping laws
Regardless of the customer’s age, many vendors won’t ship to locations that have banned or restricted delta 8 sales. You can’t legally buy delta 8 products online if you live in a state that bans them, even if the product is coming from somewhere hemp-friendly.
Of course, vapes of any kind—including delta 8 vapes—are banned from U.S. Mail by the federal PACT Act. Since the major private delivery services are also leery of both vaping and cannabis products, they are often shipped through specialty carriers.
Even if you find a seller willing to break the law and ship to a state that doesn’t allow delta 8 sales, consider that they may also be willing to cut corners on quality control or safety testing.
Can you buy delta 8 if you’re 18?
Yes and no. As we said, there’s no federal age requirement to buy delta 8 THC. The U.S. government hasn’t stepped in to prevent 18-year-olds from buying or possessing delta 8 products. It’s not encouraged, but technically not illegal.
Noticed a state missing from the lists we provided earlier? Of those states that have established a minimum age, North Carolina is the only one that has set the minimum age at 18. It's a legal outlier—no other state seems to be pushing for such a low minimum age.
You can also be turned away from smoke shops. Even in states where a minimum age isn’t written into law, store owners choose who they’re willing to serve.
Hayley Heidelbaugh
Vaping for: 4 years
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Favorite flavors: White Wedding, Northern Lights, Platinum Valley, OG Kush
Expertise in: Oil carts, cannabis concentrates, cannabis flower
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