Is Delta 8 Legal? 2025 US Guide

Key Takeaways

• Delta 8 THC is federally legal in the US thanks to the 2018 Farm Bill, but state laws can override this.

• Delta 8 is different from Delta 9 THC, with milder effects and fewer side effects.

• It’s good for relaxation but may cause dizziness.

• HALF BAK’D is your trusted and legal source of hemp products like gummies, pre-rolls, and cartridges.

What Is Delta 8 THC

Delta-8 THC, or Delta-8-tetrahydrocannabinol, is a psychoactive cannabinoid found in the cannabis plant, though in much smaller amounts than its more famous counterpart, Delta-9 THC. 

While these compounds share similar chemical structures, Delta-8 has a milder psychoactive effect, which makes it an appealing choice for those who want to experience some of the benefits of THC without the intense high that can sometimes accompany Delta-9 THC.

But before you buy - you need to know if it’s legal in your state. So let’s find out. 

Federal Legal Status Of Delta 8 In 2025

Delta-8 THC is not classified as a federally controlled substance when derived from hemp plants that contain less than 0.3% Delta-9 THC, as per the 2018 Farm Bill. 

This legislation legalized hemp and its derivatives, which include Delta-8 THC, thus allowing it to be legally produced and sold at the federal level.

State-by-State Breakdown Of The Legality Of Delta 8

Credit to National Cannabis Industry Association

Despite legalization at the federal level, states have the authority to regulate or ban Delta-8 THC. Let’s have a look at where it’s legal and where it’s restricted, as per the National Cannabis Industry Association.

States Where Delta-8 THC Is Legal with Limited Regulation

With age restrictions:

1. Alabama
   

2. Florida
   

3. Kentucky
   

4. Maryland (also legal action pending)
   

5. Wyoming

With legal action pending:

1. Georgia
   

2. Indiana
   

3. Pennsylvania
   

4. South Carolina
   

5. Texas

Fully legal:

1. Arizona
   

2. Arkansas
   

3. Illinois
   

4. Maine
   

5. Missouri
   

6. Nebraska
   

7. New Jersey
   

8. New Mexico
   

9. North Carolina
   

10. Ohio
    

11. Oklahoma
    

12. Washington, D.C.
    

13. Wisconsin

States Where Delta-8 THC Is Banned

1. Alaska
   

2. Colorado
   

3. Delaware
   

4. Hawaii
   

5. Idaho
   

6. Massachusetts
   

7. Mississippi
   

8. Montana
   

9. Nevada
   

10. New York
    

11. North Dakota
    

12. Oregon
    

13. Rhode Island
    

14. Utah
    

15. Vermont
    

16. Washington
    

17. West Virginia

States with Severe Restrictions on Delta-8 THC

In these states, all THCs must generally be under 0.3% for hemp products, unless otherwise stated:

1. Iowa
   

2. Kansas
   

3. Louisiana (all THCs must be under 8 mg per serving and 1% by dry weight)
   

4. Michigan (all THCs under 0.3% and only marijuana-derived Delta-8 allowed)
   

5. Minnesota (all THCs under 0.3% and less than 5 mg per serving)
   

6. New Hampshire
   

7. Virginia (2 mg serving limit or >25:1 CBD:THC ratio)

States with Substantial Regulations on Delta-8 THC

These states have legal Delta-8 THC but with significant regulations:

1. California (treated as marijuana and sold as part of the adult-use industry)
   

2. Connecticut (treated as marijuana and sold as part of the adult-use industry)
   

3. Tennessee (regulated as a "hemp-derived cannabinoid" with age restrictions, testing, and labeling requirements)

Tips For Buying And Using Products With Delta 8

Product Quality

• Ingredients: Look for products made from high-quality, organic hemp. Avoid those with artificial additives or fillers, as these can compromise safety and effectiveness.
  

• Lab Testing: Choose brands like HALF BAK’D that provide third-party lab test results for all their products to confirm potency and purity.

Potency and Dosage

• Start Low: If you are new to Delta-8 THC, start with a low dose to assess your tolerance. Products can vary significantly in potency, so it's wise to begin cautiously and increase gradually.
  

• Delayed Effects: Edibles, such as gummies, may take longer to produce effects (30 minutes to an hour). Be patient and avoid taking more too soon.

Drug Testing

• Testing Positive: Be aware that Delta-8 THC can show up on drug tests similar to Delta-9 THC. If you are subject to drug testing, consider this before using any Delta-8 products.

Read More: Is Hemp Legal? A State-by-State Breakdown for 2025

Choose HALF BAK’D For The Best Legal Hemp Products With Delta 8

HALF BAK’D’s products are lab-tested to assure you of their safety.

If you're looking for high-quality hemp products with Delta 8, consider HALF BAK’D. Known for our commitment to quality and transparency, we only sell legit hemp products which are within legal limits.

Why Choose Us

1. Proprietary Hemp Extract Blend: Our products contain a careful blend of Delta 8, THC-A, THC-P, and CBD to give you their synergistic benefits.
   

2. Diverse Products With Amazing Flavors: Edibles, cartridges, disposables, flowers - we have them all in a range of delicious flavors.
   

3. Trusted Transparency: All our ingredients are lab-tested with crystal-clear clarity so you can trust that what's on the label is exactly what you're getting.

Shop Our Products Now

Frequently Asked Questions (FAQs)

Is Delta 8 safe for everyone to use?

Delta 8 THC is generally considered safe for most people, but we advise you to start with a low dose to assess your tolerance. Also, if you have underlying health conditions or are taking other medications, consult with a healthcare professional before use. 

Note that you must be over the age of 21 to buy hemp products. 

How does Delta 8 compare to CBD?

Delta 8 and CBD are both cannabinoids found in the cannabis plant, but they have different effects. Delta 8 causes mild psychoactive effects for an experience of relaxation and euphoria. On the other hand, CBD is non-psychoactive and is commonly used for its calming and anti-inflammatory properties.

Can I travel with Delta 8 products?

That can be tricky due to varying state laws. While Delta 8 is federally legal, some states have restrictions (as we discussed above). So, check the laws of your destination before traveling with Delta 8 products.

What are the effects of Delta 8?

Delta 8 has mild psychoactive effects with feelings of relaxation, euphoria, and increased focus. It’s less potent than Delta 9 THC, which makes it an attractive option for those seeking a lighter experience. Besides its calming effects, Delta 8 may also help you with pain relief and appetite stimulation. However, individual experiences can vary.

Can I use HALF BAK'D products if I'm pregnant or nursing?

We advise against using Delta-8 THC or any cannabis products if you are pregnant or nursing due to potential risks for both you and your baby.

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FDA Disclaimer: These statements have not been evaluated by the FDA. This product is not intended to diagnose, treat, cure, or prevent any disease.