Delta 8 Flower: Where Is It Legal? State By State List

Delta 8 THC flower offers a means for us to get high off of cannabis flower, without weed, which remains illegal in most states across the country.  Delta 8 flower is simply raw hemp flower buds that have been infused with the distillate extract of delta 8 THC, a cannabinoid slightly milder than delta 9, and known for being extremely soothing.

But, of course, many people are going to wonder if delta 8 flower is even legal.  After all, it’s a psychoactive product that has a lot in common with marijuana.  Let’s look at both federal law and state law to find out if delta 8 flower is legal where you live.

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Is Delta 8 Flower Legal Under United States Federal Law?

All delta 8 products are considered legal under federal law, and so they can legally be purchased and sold without any restrictions on purchase or possession amount.  Ultimately, delta 8 flower complies with the Farm Bill of 2018, which legalized all hemp derivatives containing a maximum of 0.3% delta 9 THC.  Even though delta 8 is intoxicating, it’s classified as a different cannabinoid.

Is Delta 8 Flower Legal in Every State?

While delta 8 flower is federally legal, it is not, in fact, legal in all 50 states.  Some states have created a law banning products with delta 8 THC, so let’s take a look at what each state has to say below.

• Alabama: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  In Alabama, medical marijuana is also legal for qualifying patients, and possession of small amounts of marijuana has been decriminalized.
• Alaska: Delta 8 flower products are considered illegal.  This means it’s not legal for businesses to carry Delta 8 flower products.  And, online businesses are banned from shipping Delta 8 flower products to your home.  At the same time, both medical and recreational cannabis use are legal in the state.
• Arizona: Delta 8 flower products are considered illegal.  This means it’s not legal for businesses to carry Delta 8 flower products.  And, online businesses are banned from shipping Delta 8 flower products to your home.  However, Arizona does permit sales of both recreational and medical marijuana.
• Arkansas: Delta 8 flower products are considered illegal.  This means it’s not legal for businesses to carry Delta 8 flower products.  And, online businesses are banned from shipping Delta 8 flower products to your home.  Recreational marijuana is also prohibited in the state, although the state does offer a medical marijuana program to qualifying patients.
• California: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  And, marijuana is legal both for recreational and medicinal use.
• Colorado: Delta 8 flower products are considered illegal.  This means it’s not legal for businesses to carry Delta 8 flower products.  And, online businesses are banned from shipping Delta 8 flower products to your home.  Meanwhile, marijuana is legal, both recreationally and medicinally.
• Connecticut: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  And, the state permits sales of recreational and medical marijuana.
• Delaware: Delta 8 flower products are considered illegal.  This means it’s not legal for businesses to carry Delta 8 flower products.  And, online businesses are banned from shipping Delta 8 flower products to your home.  Recreational marijuana is illegal, although the state decriminalized small amounts of possession, and does maintain a medical marijuana program for qualifying patients.
• Florida: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  The state also maintains legal medical marijuana for qualifying patients, but recreational use is strictly banned.
• Georgia: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  Recreational marijuana is still prohibited in the state, although qualifying patients can purchase medical marijuana.
• Hawaii: Delta 8 flower products are considered illegal.  This means it’s not legal for businesses to carry Delta 8 flower products.  And, online businesses are banned from shipping Delta 8 flower products to your home.  The state recently decriminalized small possession amounts of marijuana, and maintains a medical marijuana program, although recreational marijuana is prohibited.
• Idaho: Delta 8 flower products are considered illegal.  This means it’s not legal for businesses to carry Delta 8 flower products.  And, online businesses are banned from shipping Delta 8 flower products to your home.  The state also prohibits any hemp product that contains more than 0% THC, and both recreational and medical use are banned.
• Illinois: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  The state also permits sales of marijuana for both recreational and medicinal use.
• Indiana: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  The state’s cannabis laws are otherwise strict, with both recreational and medical marijuana banned.
• Iowa: Delta 8 flower products are considered illegal.  This means it’s not legal for businesses to carry Delta 8 flower products.  And, online businesses are banned from shipping Delta 8 flower products to your home.  As for marijuana laws, only medical marijuana is permitted for qualifying patients as recreational use is banned.
• Kansas: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  Meanwhile, both recreational and medical marijuana use are banned.
• Kentucky: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  Recreational marijuana remains illegal, and medical marijuana only became legalized in February of 2022, with no legal framework existing yet, meaning that medical patients cannot yet make marijuana purchases.
• Louisiana: Delta 8 flower products are considered illegal.  This means it’s not legal for businesses to carry Delta 8 flower products.  And, online businesses are banned from shipping Delta 8 flower products to your home.  Medical marijuana is legal for qualifying patients, and recreational use remains illegal.
• Maine: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  The state also permits sales of both medical and recreational marijuana.
• Maryland: Delta 8 flower products are considered illegal.  This means it’s not legal for businesses to carry Delta 8 flower products.  And, online businesses are banned from shipping Delta 8 flower products to your home.  When it comes to marijuana, medical patients can make purchases, but not recreational users. 
• Massachusetts: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  And, both recreational and medical marijuana is legal.
• Michigan: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  The state also legalized both recreational and medical marijuana.
• Minnesota: Delta 8 flower products are considered illegal.  This means it’s not legal for businesses to carry Delta 8 flower products.  And, online businesses are banned from shipping Delta 8 flower products to your home.  As for marijuana laws, medicinal use is permitted, but recreational is not. 
• Mississippi: Delta 8 flower products are considered illegal.  This means it’s not legal for businesses to carry Delta 8 flower products.  And, online businesses are banned from shipping Delta 8 flower products to your home.  Mississippi permits medical marijuana sales, but has very strict requirements for qualification, while recreational use is very much illegal.
• Missouri: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  When it comes to marijuana, only medical use is permitted for qualifying patients.
• Montana: Delta 8 flower products are considered illegal.  This means it’s not legal for businesses to carry Delta 8 flower products.  And, online businesses are banned from shipping Delta 8 flower products to your home.  And, recreational use of marijuana was recently legalized, while the state has maintained a medical marijuana program.
• Nebraska: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  And, only in July of 2022 did the state finally approve a medical marijuana program, while recreational marijuana use is still illegal.
• Nevada: Delta 8 flower products are considered illegal.  This means it’s not legal for businesses to carry Delta 8 flower products.  And, online businesses are banned from shipping Delta 8 flower products to your home.  The state does permit sales of both recreational and medical marijuana as well.
• New Hampshire: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  Recreational marijuana use remains illegal in the state, but medical use for qualifying patients is permitted, and small possession amounts have been decriminalized.
• New Jersey: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  The state has legalized both recreational and medical marijuana use.
• New Mexico: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  Meanwhile, both recreational and medical marijuana are permitted in the state.
• New York: Delta 8 flower products are considered illegal.  This means it’s not legal for businesses to carry Delta 8 flower products.  And, online businesses are banned from shipping Delta 8 flower products to your home.  Meanwhile, New York has recently legalized recreational marijuana, and does maintain a medical marijuana program for qualifying residents.
• North Carolina: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  Recreational marijuana, meanwhile, is illegal in the state, and for now, qualifying medical patients cannot purchase marijuana products containing more than 0.6a10a% THC.
• North Dakota: Delta 8 flower products are considered illegal.  This means it’s not legal for businesses to carry Delta 8 flower products.  And, online businesses are banned from shipping Delta 8 flower products to your home.  While North Dakota allows for medical marijuana sales, recreational sales are completely illegal.
• Ohio: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  As for marijuana, medical sales for qualifying patients are permitted, and small possession amounts have been decriminalized, although recreational use remains prohibited.
• Oklahoma: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  The state permits medical marijuana sales to qualifying patients, but recreational marijuana is still illegal.
• Oregon: Delta 8 flower products are considered illegal.  This means it’s not legal for businesses to carry Delta 8 flower products.  And, online businesses are banned from shipping Delta 8 flower products to your home.  But, both medical and recreational marijuana sales are allowed.
• Pennsylvania: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  The state, meanwhile, prohibits recreational marijuana sales, but does maintain a medical marijuana program.
• Rhode Island: Delta 8 flower products are considered illegal.  This means it’s not legal for businesses to carry Delta 8 flower products.  And, online businesses are banned from shipping Delta 8 flower products to your home.  At the same time, recreational and medical marijuana is legal in the state.
• South Carolina: Delta 8 flower products are considered illegal.  This means it’s not legal for businesses to carry Delta 8 flower products.  And, online businesses are banned from shipping Delta 8 flower products to your home.  Delta 8 flower products can be purchased as long as you’re of adult age.  The state also prohibits marijuana sales, both for recreational and medicinal use.
• South Dakota: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  At the same time, any hemp product containing more than 0% Delta 8 flower products is banned.  The state allows medical marijuana sales for qualifying patients, but does not permit recreational sales.
• Tennessee: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  The state is very strictly anti-marijuana, however, with neither medical nor recreational sales allowed.
• Texas: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  The state prohibits recreational marijuana, and qualifying medical marijuana patients can only buy products containing a maximum of 0.5% THC.
• Utah: Delta 8 flower products are considered illegal.  This means it’s not legal for businesses to carry Delta 8 flower products.  And, online businesses are banned from shipping Delta 8 flower products to your home.  Recreational marijuana is also illegal in the state, although qualifying patients may join the medical marijuana program.
• Vermont: Delta 8 flower products are considered illegal.  This means it’s not legal for businesses to carry Delta 8 flower products.  And, online businesses are banned from shipping Delta 8 flower products to your home.  Meanwhile, recreational and medical marijuana have been legal for years in the state.
• Virginia: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  The state also permits sales of marijuana for both medicinal and recreational use.
• Washington: Delta 8 flower products are considered illegal.  This means it’s not legal for businesses to carry Delta 8 flower products.  And, online businesses are banned from shipping Delta 8 flower products to your home.  The state allows sales of both medical and recreational marijuana.
• West Virginia: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  Meanwhile, medical marijuana is also legal for qualifying patients, although recreational use remains banned.
• Wisconsin: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  The state does not, however, allow for sales of marijuana, either for recreational or medical use, although low-THC cannabis oils are permitted for qualified patients who have epilepsy.
• Wyoming: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  The state, meanwhile, prohibits marijuana, both for recreational and medicinal use.

Delta 8 Flower is Federally Legal, But Banned in Certain States 

Delta 8 flower products are considered totally legal under federal law, but the product type is still banned in a number of states.  While cannabis laws have been changing a lot lately in different states, a state in which it’s currently illegal may legalize it in the near future, and vice versa.  So, consider checking up on your state’s hemp laws regularly to see whether or not delta 8 flower products remain legal or illegal where you live, because you never know what future legislation has in store.

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