Is Delta 8 Legal in Your State 2022?

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Delta 8, also known as D8 THC or dronabinol, is derived from the cannabis plant. Some people who use this drug claim that it is very helpful in controlling seizures in some cases. Others claim that Delta 8 is an effective sleep aid. There are also some people who believe that Delta 8 might be able to help with appetite loss. 

However, the popularity of Delta 8 naturally leads to the question of whether it is legal in your state or not. This guide attempts to provide information about whether or not you can purchase Delta 8 THC where you live. 

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What is Delta 8 THC? 

Delta 8 THC, also known as dronabinol, is a form of cannabinoid oil that comes from the cannabis plant. It can come in pill form or it can be consumed through vaporization. Some people believe that this drug does not carry much of the psychoactive properties which are associated with marijuana and Delta 9 THC. 

It was patented by Unimed Pharmaceuticals back in 1985, but Delta 8 THC did not become popular until 2003. This marked the year that GW Pharmaceuticals put forth its version of dronabinol as a prescription medication.

RELATED: CBD Vs THC: What’s The Difference?

Is Delta 8 THC legal? 

Delta-8 THC is considered legal at the federal level because it is derived from the hemp plant, instead of marijuana. 

Currently, Delta 8 THC is legal in many, but not all, states, as you’ll see in our list. There are some states that have legalized it for medical use only, but there are still quite a few that restrict its usage to a certain extent or ban it completely. There are even some states that criminalize the possession of Delta 8. If you live in one of these states, then you should avoid possession of Delta 8 THC. 

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How Does Delta 8 THC Work? 

As a cannabinoid oil, Delta 8 THC is recognized as an agonist of the CB1 receptor. This means that it stimulates the cell membranes and then impacts the user’s neurons to produce cognitive effects. Some people believe that this compound can induce psychoactivity because of its ability to bond with the CB1 receptor. 

There are many who believe that Delta 8 THC should not be treated as a controlled substance because it does not produce the same level of psychoactive effects that traditional marijuana products do. Some people also believe that Delta 8 THC is not addictive. However, Delta 8 THC acts as a full agonist on the CB1 receptor. This means that Delta-8 THC has the potential to be just as psychoactive as any traditional marijuana product. 

RELATED: Delta 8 vs Delta 9 THC: What’s The Difference?

Why Use Delta-8 THC? 

Delta 8 THC products are becoming increasingly popular because they do have similar psychoactive effects to traditional marijuana products. There are some people who appreciate using Delta 8 THC for specific reasons, including but not limited to: 

  •   A desire to remain clear-headed while enjoying the effects of THC 
  •   Trying to avoid paranoia related to traditional THC products 
  •   An aversion to the smell related to vaping marijuana flowers or smoking buds 
  •   Ease of use 

These are all great reasons to consider the use of Delta 8 THC products. Physicians and medical professionals can help you determine if this type of cannabis will work for your specific needs and offer advice on dosage amounts, potential positive effects, and general concerns with using Delta 8 THC products in order to achieve maximum benefits without negative side effects. 

RELATED: Delta-8 Legal in WV? Maybe Not Long.

Please consult your physician before beginning any new cannabis regimen. Delta 8 THC is not legal in every state, so make sure to reference our list to determine where you can use Delta 8 THC legally. Delta 8 gummies as well as Delta 8 vapes are popular for consumers, with manufacturers such as Injoy Extracts offering bulk Delta 8 gummies – basically Delta 8 Gummies wholesale prices for consumers who need…a little more!

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What Are Some Other Uses for Delta 8 THC? 

Delta 8 THC may be useful as an antiemetic or as an analgesic. It is possible that Delta 8 THC could be used to help treat some types of epilepsy and other seizure disorders. 

Delta 8 THC also has the potential to be used as an analgesic, which means that it may relieve pain for people who are suffering from various conditions; however, this use of Delta 8 THC has not been approved by the FDA. 

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Are There Side Effects to Delta-8 THC? 

There are side effects associated with taking too much Delta 8 THC. Those include: 

  •   Rapid heartbeat – can be dangerous for people with conditions such as heart disease or high blood pressure. 
  •   Nausea and dizziness, which is why it’s not recommended to drive after using any cannabis product. Wait at least one hour after use before driving or operating heavy machinery. 
  •   In some cases, people have experienced panic attacks from Delta 8 THC use. In some cases, these side effects may only occur in certain individuals who are sensitive to Delta 8 THC. 

RELATED: THCO DEA Declares Illegal 

Consult your physician if you believe that you’re experiencing a negative reaction to Delta 8 THC or any other cannabis product. 

In most cases, people experience a positive reaction to Delta-8 THC, including: 

  •   Relaxation and feelings of euphoria 
  •   An enhanced sense of sight, sound, and touch 
  •   Mental clarity and an improved ability to focus on tasks 

Note that some side effects can be helpful in certain circumstances. For example, if you suffer from chronic pain and it causes you to have difficulty sleeping at night, feelings of relaxation and euphoria can help with your overall mood. 

Delta 8 THC works well for many people who suffer from chronic pain and want to get more out of their day without feeling tired or experiencing negative side effects like loss of appetite or dry mouth.  

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Is Delta 8 legal in your state in 2022? 

Laws can change, but currently, there are some states where Delta 8 legal in 2022 remains, which allows consumers to purchase and possess reputable, legal brands. States where Delta 8 legal in 2022 include (note: these could change tomorrow, stay updated!)

  1.   Alabama 

  2.   California 

  3.   Florida 

  4.   Georgia 

  5.   Hawaii 

  6.   Illinois 

  7.   Indiana 

  8.   Kansas 

  9.   Maine 

  10.   Maryland 

  11.   Massachusetts 

  12.   Minnesota 

  13.   Missouri 

  14.   New Hampshire 

  15.   New Jersey 

  16.   New Mexico 

  17.   North Carolina 

  18.   Ohio 

  19.   Oklahoma 

  20.   Oregon 

  21.   Pennsylvania 

  22.   South Carolina 

  23.   South Dakota 

  24.   Tennessee 

  25.   Texas 

  26.   Virginia 

  27.   Washington 

  28.   West Virginia 

  29.   Wisconsin 

  30.   Wyoming 

  31.   Washington, D.C. 

It’s important to note that some of the above states only allow the sale of Delta 8 THC which has been strictly sourced from hemp plants. This means that some states only allow the Delta 8 THC products to be similar to a CBD level of THC allowance, which is less than 0.03% THC in the product. 

It’s best to check each state to confirm what the current regulations are. 

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States Where Delta 8 THC is Regulated

Below are the states that treat Delta-8 THC the same as recreational cannabis. 

States Where Delta 8 Falls Inside a Legal Gray Area 

The below states don’t share enough information for us to determine if the Delta 8 THC variant is legal or not, therefore we call them the legal gray area states. Lots of worries this year for consumers if Delta 8 is legal in Texas after following the previous attempts failed from court injunctions, securing Delta 8 legal in Texas for 2022.  Consumers who wonder if Delta 8 is legal in Louisana may be more confused. While Delta 8 is legal in Louisiana it comes with more intense regulations. These Delta 8 THC Lousiana regulations include the packaging, which must state the serving size is 5 – 7mg of Delta 8 THC per piece. Following that structure, 20mg Delta 8 gummy would require 4 servings per gummy.

States confirmed Delta 8 illegal in 2022

As of the writing of this article, the below states consider hemp-derived Delta 8 THC absolutely illegal.

Can I get in trouble for possessing Delta 8 legally still? 

If you live in a state where the use of Delta 8 THC is illegal, then it is possible that you could face criminal charges if you are caught in possession of this drug. If you are unsure about the legality of this drug in your area, then you should speak with a qualified drug crimes attorney in your local area. 

Can I fly with Delta 8 legally? 

Since Delta 8 THC is not legal in all states if you are caught trying to bring Delta 8 THC with you on a plane, depending on where you’re traveling to or from, you could face criminal charges for possession and distribution of a Schedule I substance. 

If your destination is somewhere where Delta 8 THC is legal, then it should be possible to travel between those locations as long as you are traveling within the legal limits. However, if your destination does not allow Delta 8 THC, then you should avoid trying to bring this drug with you when you travel. 

RELATED: CBD Vs THC: What’s The Difference?

How to Find Current Delta 8 THC Regulations in Your State? 

If you’re in a state where Delta 8 THC is legal, it’s important to make sure that the brand you trust is selling legal Delta 8 THC products.  Here are a few ways to help ensure you stay on the right side of the law when it comes to buying your preferred brand of Delta 8 THC products: 

 Verify their website contains the state registration number. 

The state registration number should be accompanied by a certificate of analysis (COA). The COA shows you what’s in the product, including the Delta 8 THC content. 

Request to view their lab results documentation. 

This documentation shows you how much Delta 8 THC is present in the product, as well as how it’s been extracted from the plant. 

Use common sense 

Delta 8 THC products in states where recreational cannabis is legal will probably be easier to find than in states where cannabis has no accepted medical value. 

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Why Delta 8 is Controversial 

Delta 8 THC can have a psychoactive effect similar to other marijuana products, which makes it somewhat controversial. 

Some people consider Delta 8 THC to be on the same level as any other cannabis product. Others think that Delta 8 THC is too similar to traditional THC and therefore should not be used at all. 

Ultimately, this won’t stop Delta 8 THC from becoming widely accepted in legal U.S. states where it’s allowed. As more and more states legalize recreational cannabis, we may even see Delta 8 THC become a new trend in the industry moving forward. 

The   2018 Farm Bill made it legal to make Delta 8 THC derived from a hemp plant, so this has caused some controversy about how to regulate this option and whether the states will recognize that bill and continue to let their residents have access to this type of legal THC product. 

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Buying Delta 8 THC Products 

Delta 8 THC products are available for purchase in most states where medical or recreational cannabis is legal. 

As more and more states legalize Delta 8 THC, it shouldn’t be too difficult to find a store that carries these types of products. It’s still recommended to read the label before making a purchase just in case there are certain ingredients present that could cause an allergic reaction.  

The most important thing to remember is that Delta 8 THC products are completely legal in many states. Just reference our list above to determine where your state falls within the category of legal, illegal, or gray area legal.


Why is CBD Legal and Delta 8 THC Isn’t Legal Everywhere? 

Some states have laws that allow for both medical and recreational use of Delta 8 THC products, while others do not bother creating any laws since most products are hemp-derived and protected by the 2018 Farm Bill. 

While some states have laws that only allow hemp plants to be used when it comes to growing cannabis, there’s often still a grey area when it comes to Delta 8 THC. This is because not all states identify Delta 8 THC as a controlled substance. 

Please note that this article was for informational purposes only and not intended as legal advice. There is still a lot of information out there and we may soon see certain states require more clarity when it comes to the legality of Delta 8 THC.  

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