As of November 2025, the legal status of hemp-derived THC products (including Delta-8 THC, Delta-10 THC, THCA, and other similar cannabinoids) varies widely by state.
Below is a state-by-state overview, indicating whether these products are fully allowed, regulated with restrictions, or banned. It’s worth noting that legislation was approved recently at the federal level that bans most hemp-derived THC products nationwide, but that doesn’t take effect until November 2026, and proposals have already been put forth to roll back most or all of the ban.
Alabama
Alabama allows certain hemp-derived THC products but under very tight rules. A 2025 law created a new licensing system through the state’s Alcoholic Beverage Control Board and set strict potency caps and product limits. Consumable hemp items with THC (like gummies or drinks) must be sold only to adults 21 and older, be lab-tested and properly labeled, and generally cannot exceed 10 milligrams of THC per serving and 40 milligrams per package. Smokable hemp products and vapes with THC are prohibited. In practice, low-dose intoxicating hemp edibles and beverages are still legal for adults in Alabama, but the market is heavily regulated and high-potency or inhalable products are banned.
Alaska
Alaska allows industrial hemp and non-intoxicating hemp products, but it has specifically barred most intoxicating hemp THC items. State regulators list Delta-8 THC, Delta-10 THC, THC-O, and other semi-synthetic cannabinoids derived from hemp as prohibited. Hemp products must stay within the 0.3% Delta-9 THC limit and cannot include these converted or synthetic intoxicants. As a result, typical Delta-8 or THCA hemp products marketed for a high are not legal to sell as hemp in Alaska; intoxicating THC products are expected to go through the state’s regulated marijuana system instead.
Arizona
Arizona has banned hemp-derived THC products outside its marijuana program. The Arizona Attorney General determined that cannabinoids like Delta-8 THC are controlled substances unless produced and sold within Arizona’s regulated cannabis (marijuana) marketplace. This means you cannot legally buy Delta-8, Delta-10, or similar hemp-derived THC items in general stores. (Arizona does have legal recreational marijuana, but any intoxicating THC product must come through licensed dispensaries.)
Arkansas
Arkansas allows hemp-derived THC with tight restrictions. While hemp products are not outright banned, the state has imposed stricter rules in recent years. Arkansas treats certain chemically derived cannabinoids (for example, Delta-8 made from CBD, or THC-O acetate) as controlled substances, focusing enforcement on those synthetic THC variants. Naturally hemp-derived Delta-9 THC products under 0.3% are legal, but any intoxicating hemp product must comply with state regulations (such as age limits and possibly licensing requirements).
California
California permits hemp-derived THC products but heavily regulates them. Under state law (AB-45), any hemp product must contain no more than 0.3% total THC (including all THC isomers) by weight. California explicitly prohibits the inclusion of synthetic or “isomerized” cannabinoids like Delta-8, Delta-10, or THC-O in hemp-derived foods or supplements. In practice, this means most Delta-8 products are not allowed outside of licensed cannabis dispensaries. Some low-THC hemp items (like beverages or edibles with minimal THC) are allowed, but inhalable hemp products remain restricted. Overall, California’s approach is to treat intoxicating cannabinoids as cannabis, unless they are present only in very low, non-impairing concentrations.
Colorado
Colorado has outlawed most hemp-derived THC products in conventional retail. The state prohibits any THC cannabinoids that are produced by chemical conversion (such as converting CBD into Delta-8 THC). As a result, Delta-8, Delta-10, and similar hemp-derived intoxicants cannot be sold outside Colorado’s licensed marijuana stores. Only hemp products strictly under the 0.3% Delta-9 THC limit (and with only trace other THC isomers) are allowed; Colorado even set low THC serving limits and requires a high CBD-to-THC ratio for any hemp consumables. Since recreational marijuana is legal and regulated in Colorado, any product that can get you high is expected to be sold through that system, not as a hemp product.
Connecticut
Connecticut restricts hemp-derived THC products to its regulated cannabis market. If a hemp product has significant THC content or contains any synthetic/isomerized cannabinoid (like Delta-8 or Delta-10), Connecticut law treats it as a cannabis product. Only licensed cannabis retailers can sell such items. (The state even created a new “moderate-THC hemp” category for very low-dose products, but those are tightly limited in THC content.) In summary, you won’t find Delta-8 gummies openly sold in Connecticut shops — they’re effectively banned from general retail, even though the state has legal recreational cannabis available in dispensaries.
Delaware
Delaware has effectively banned intoxicating hemp THC products outside of the cannabis program. Hemp cultivation is legal, but any hemp-derived product that can cause a high is not permitted in general commerce. Delaware’s approach is to regulate psychoactive cannabinoids through its marijuana laws. (Delaware legalized recreational marijuana in 2023, and as implementation continues, products like Delta-8 or Delta-10 would only be allowed if sold under that licensed system. Until then, they remain prohibited for over-the-counter sale.)
Florida
Florida allows hemp-derived THC products with strict regulations. The state’s hemp law (and subsequent rules in 2023) impose several requirements: these products can only be sold to adults 21 and older, they must be packaged in secure, child-resistant containers, and they need clear labeling and lab testing. Florida’s Department of Agriculture monitors compliance for all “consumable hemp extracts.” So while you can buy Delta-8 or other hemp THC items in Florida, they must contain ≤0.3% Delta-9 THC by weight and meet the state’s packaging, labeling, and quality standards.
Georgia
Georgia permits hemp-derived THC with regulatory oversight. The state requires licenses for anyone manufacturing or selling consumable hemp products (which include Delta-8 and similar items). Retailers must ensure buyers are 21 or older. Georgia also mandates specific warning labels and even a state-designated symbol on packages, plus limits on the amount of THC per serving in these products. In practice, Delta-8 gummies and vapes are legal in Georgia, but they are tightly controlled—licensed, sold only to adults, and subject to testing and labeling rules for safety.
Hawaii
Hawaii bans intoxicating hemp products outright. While hemp CBD products are allowed, Hawaii law does not permit any hemp-derived product that is intoxicating to consumers. Delta-8 THC, Delta-10 THC, and similar derivatives are considered illegal. The state also has very strict limits on what kinds of hemp products can be sold (for instance, bans on hemp gummies or beverages infused with CBD/THC). In summary, you cannot legally buy a Delta-8 THC product in Hawaii; the only legal cannabis products are through the state’s medical marijuana program.
Idaho
Idaho has one of the strictest hemp laws, effectively banning all forms of THC in hemp products. By state definition, any hemp product must contain 0.0% THC — not just under 0.3%, but truly zero detectable THC. This means Delta-8 THC, hemp-derived Delta-9, THCA, or any related cannabinoid that shows up on a test is prohibited. In Idaho, only completely THC-free hemp extracts (like certain CBD isolates) are legal. Any product with even a trace that could cause intoxication is not allowed.
Illinois
Illinois allows hemp-derived THC products, but they must comply with general food and safety regulations. The state has not banned Delta-8 or similar cannabinoids. Instead, Illinois treats hemp products much like any other ingestible: they need to be made in compliance with state health department rules (for example, manufactured in inspected facilities, properly labeled, and under the 0.3% Delta-9 THC limit). Because recreational marijuana is legal in Illinois, there was discussion about Delta-8, but as of 2025 the state permits these hemp-derived items to be sold outside dispensaries, provided they meet testing and packaging standards. In short, Delta-8 and hemp THC items are legal in Illinois with no special restrictions beyond standard consumer safety rules.
Indiana
Indiana’s status for hemp-derived THC is ambiguous and under review. There is no explicit ban on Delta-8 or similar products in Indiana law as of November 2025, meaning products under 0.3% Delta-9 THC are technically allowed. Indeed, Delta-8 gummies and vapes have been sold in the state. However, Indiana’s Attorney General issued an opinion in 2023 claiming that Delta-8 THC (regardless of source) is a Schedule I controlled substance under state law. This opinion isn’t a law, but it signals that authorities view these products as illegal. Meanwhile, the Indiana legislature has been working on new regulations (such as age limits, licensing for sellers, and testing requirements) to formally govern intoxicating hemp products. Bottom line: hemp-derived THC is sold in Indiana in a gray area—there’s no clear legislative authorization or dedicated regulations yet, but state officials have warned that Delta-8 is considered unlawful. Consumers and vendors operate at their own risk until Indiana clarifies its hemp laws.
Iowa
Iowa prohibits hemp-derived THC products that induce intoxication. The state’s hemp law is very restrictive: any product that exceeds 0.3% total THC (counting all variants of THC) is illegal, and Iowa explicitly disallows the sale of any “ingestible hemp” that can cause a high. Delta-8 THC, Delta-10 THC, hemp-derived THCA concentrates, and similar items are treated as controlled substances, not as legal hemp. In practice, you will not find Delta-8 for sale legally in Iowa. The only exception is that certain non-intoxicating CBD products are allowed if they meet the strict THC limit, but anything capable of intoxication falls outside legal hemp in this state.
Kansas
Kansas allows hemp products but with important constraints. The state follows the federal definition of hemp (≤0.3% Delta-9 THC by dry weight) and hasn’t passed a specific ban on Delta-8 or other isomers. On paper, this means hemp-derived Delta-8 THC is legal in Kansas as long as the product contains under 0.3% Delta-9 THC. However, Kansas authorities interpret the law to include all forms of THC in that 0.3% limit, which sharply limits what Delta-8 products can be legal. (In other words, a gummy can’t have more than 0.3% of any THC, so potent Delta-8 edibles might violate this standard.) Kansas does require hemp products to be properly tested and labeled, but it has no dedicated state licensing or age restriction program for them. So while you may see Delta-8 items in Kansas, they operate under the federal hemp guidelines and there is some legal debate; overall the state is relatively open with no explicit ban, yet any product must essentially be low-THC by content.
Kentucky
Kentucky permits hemp-derived THC products under a new regulated framework. In 2023, Kentucky passed a law (House Bill 544) establishing rules for intoxicating hemp cannabinoids like Delta-8. Now, retailers must obtain a license to sell these products, buyers must be 21 or older, and all products require lab testing and proper labeling. Delta-8, hemp-derived Delta-9, THC-O, and similar compounds remain legal only if they comply with these regulations. Essentially, Kentucky moved from an unregulated market to a controlled one: you can still buy Delta-8 THC gummies or vapes, but the packaging, testing, and retail practices are overseen by the state to ensure safety.
Louisiana
Louisiana allows hemp-derived THC products but with strict potency and serving limits. The state has a unique system: an “adult-use consumable hemp” product in Louisiana cannot exceed 8 milligrams of total THC per serving (with a cap on total THC per package as well), and must remain under 0.3% Delta-9 THC by weight. Products also have to go through a registration and approval process with the Louisiana Department of Health. This means Delta-8 and friends are legal in Louisiana, but only in very low doses per item — high-potency Delta-8 products are not permitted. Additionally, all hemp products must have proper labeling, and anything with THC is for ages 21+. Louisiana does not have full recreational marijuana (only medical), so this hemp program provides a legal avenue for mild THC products but keeps anything stronger restricted or illegal.
Maine
Maine legalizes hemp-derived THC products with regulation. The state’s Office of Cannabis Policy oversees not only marijuana but also “intoxicating hemp” products. Maine allows Delta-8, hemp Delta-9, and similar cannabinoids to be sold, provided they meet testing standards and THC limits. For instance, Maine enforces potency caps and requires clear labeling and lab analysis for these products. Because Maine has a recreational cannabis market, the state has been careful to make sure hemp products aren’t circumventing safety rules. In summary, you can buy Delta-8 THC items in Maine, but they must be compliant with state regulations (ensuring they’re safe, labeled, and not exceeding approved THC concentrations per product).
Maryland
Maryland prohibits the sale of hemp-derived THC products outside licensed cannabis stores. In 2023, Maryland (which has legalized recreational marijuana) made it so that any psychoactive cannabis compound, regardless of source, has to be sold under the purview of the Maryland Cannabis Administration. Delta-8, Delta-10, THC-O, and similar items cannot be sold in general retail shops or gas stations; they are only allowed in state-licensed dispensaries (medical or adult-use). Practically, Maryland treats intoxicating hemp products the same as marijuana. If you want a Delta-8 product in Maryland, you’d have to go to a dispensary, as those products are not legal in ordinary commerce.
Massachusetts
Massachusetts has banned most hemp-derived THC products from general sale. The state’s regulators do not allow the sale of Delta-8 THC or similar intoxicating cannabinoids in regular retail or as “hemp” products. Even though hemp-derived Delta-9 below 0.3% is federally legal, Massachusetts heavily restricts such products. Essentially, any product that contains THC in a form that could intoxicate is treated as a marijuana product, which means only licensed cannabis dispensaries could carry it. (Massachusetts has a well-established recreational cannabis market.) So, Delta-8 gummies, THC-O vapes, etc., are not legal to sell outside of the official cannabis stores. Consumers must go through the licensed marijuana system to obtain THC products in this state.
Michigan
Michigan bans hemp-derived THC products outside its regulated cannabis market. The state updated its laws in 2021 to classify all THC compounds (Delta-8, Delta-10, THC-P, etc.) as “marijuana” if they have intoxicating effects, regardless of origin. This means any product with more than 0.3% total THC or containing synthetic THC isomers cannot be sold except by a state-licensed marijuana business. Michigan’s Cannabis Regulatory Agency explicitly pulled Delta-8 products into the licensed framework. For the public, this translates to Delta-8 THC cartridges or edibles being unavailable at smoke shops or wellness stores — you’d have to purchase them from a licensed recreational or medical marijuana dispensary. Michigan does allow recreational cannabis, but it does not allow an independent hemp THC market anymore.
Minnesota
Minnesota allows hemp-derived THC edibles in low doses under a unique law. Since July 2022, Minnesota permits products derived from hemp that contain up to 5 milligrams of THC per serving (and no more than 50 mg total per package). These THC limits apply to all THC in the product (Delta-8, Delta-9, etc.), effectively legalizing mild-dose gummies and drinks statewide. Such products must be sold to adults (21+) and follow packaging and labeling rules. Furthermore, in 2023 Minnesota legalized full recreational marijuana, but even before dispensaries opened, the hemp-derived THC edibles law was in effect and continues to operate. So in Minnesota, you can legally buy a Delta-8 or Delta-9 THC gummy from hemp as long as it’s within the 5 mg per serving cap. Anything stronger than that would be treated as a cannabis product for the licensed dispensaries. Overall, hemp THC products are legal but regulated (with very specific potency caps) in Minnesota.
Mississippi
Mississippi outlaws most hemp-derived THC products. The state only recently allowed medical cannabis, and it has taken a hard line against Delta-8 and similar items for the general public. Mississippi law was updated to require a very high CBD-to-THC ratio (for example, 20:1) in any hemp extract and sets a low absolute cap on THC content (no more than 2.5 mg of THC per milliliter in any hemp product). Essentially, this eliminates typical Delta-8 products from legality. It means that unless a hemp product is mostly CBD with only trace THC, it cannot be possessed or sold. The average Delta-8 gummy or vape doesn’t meet those strict criteria, so they are illegal in Mississippi. Only non-intoxicating CBD products (or products for registered medical marijuana patients) are permitted.
Missouri
Missouri fully allows hemp-derived THC products with minimal restrictions. Even though Missouri legalized recreational marijuana in 2022, it has not imposed additional bans on hemp-derived cannabinoids. Delta-8, hemp Delta-9, THCA flower, and other such products can be sold openly as long as they abide by federal hemp guidelines (≤0.3% Delta-9 THC). Missouri law requires general consumer safety standards (like no mislabeling or dangerous additives), but there is no special state licensing or potency regulation for Delta-8 products. So, in Missouri, hemp-derived THC is legal and largely unregulated – available in retail outside the dispensary system.
Montana
Montana has banned hemp-derived THC products that are created through chemical processes. A law passed in 2023 in Montana prohibits the sale of “synthetic cannabinoids,” which covers Delta-8 THC, Delta-10 THC, and other hemp-derived THC analogues produced from CBD or other conversions. Additionally, Montana enforces a total THC limit of 0.3% including all THC isomers in any product, aligning with federal law but also closing loopholes for high-THC hemp items. So practically, Delta-8 gummies or cartridges are illegal in Montana. Notably, Montana does have legal recreational marijuana, but it does not allow separate hemp THC products on the side – any intoxicating THC must come from the regulated cannabis providers.
Nebraska
Nebraska allows hemp-derived THC products under the federal definition with no extra state rules. Nebraska law mirrors the 2018 Farm Bill, legalizing hemp and its derivatives that stay under 0.3% Delta-9 THC. The state has not banned Delta-8 THC or any specific cannabinoid, nor has it set up special regulations for selling them. That means in Nebraska, products like Delta-8 vapes, Delta-10 gummies, or hemp-derived Delta-9 edibles are generally legal as long as they technically qualify as hemp (low Delta-9 content). There may be standard health and safety regulations (for example, if the products are considered food, they should be made in licensed kitchens), but there are no explicit state-imposed potency limits or age restrictions beyond what federal law requires.
Nevada
Nevada prohibits hemp-derived THC products outside the licensed cannabis market. The state’s Cannabis Compliance Board issued guidance making it clear that anything containing THC and capable of causing a high must be handled as a cannabis product. That means Delta-8, Delta-10, or THC-O products cannot be sold in convenience stores or online into Nevada unless they go through a state-licensed marijuana dispensary. Nevada has a robust recreational marijuana industry, and hemp products that contain THC in any significant amount are treated as part of that system. In summary, you won’t find legal Delta-8 products on the shelves in Nevada shops (outside of dispensaries); they are banned from general sale, even though you can legally purchase regular cannabis from a dispensary.
New Hampshire
New Hampshire largely bans intoxicating hemp products, although its approach has been through administrative guidance. The state’s Attorney General and authorities have signaled that Delta-8 THC and similar cannabinoids are not legal under New Hampshire law. They have worked on rules to impose age limits and packaging restrictions if such products were allowed, but effectively most of these products are treated as illegal. New Hampshire does not have recreational marijuana (only medical cannabis), and it appears the state doesn’t allow Delta-8 sales either. So, while hemp CBD is fine, any hemp-derived THC that causes intoxication is prohibited for sale in New Hampshire.
New Jersey
New Jersey bans hemp-derived THC products from general commerce, instead requiring them to be sold via the cannabis dispensary system. New Jersey’s regulators decided that any product with detectable THC (above 0.3% or really any significant amount) must be sold by a state-licensed Cannabis Regulatory Commission (CRC) retailer. This means Delta-8, Delta-10, THCP, etc., are effectively only legal if they are part of the official cannabis market. New Jersey, having legalized recreational marijuana, does not want a parallel hemp THC market. As a result, you cannot walk into a New Jersey convenience store and buy Delta-8 legally; those products are forbidden outside of the licensed adult-use or medical cannabis dispensaries.
New Mexico
New Mexico has cracked down on hemp-derived THC products. In 2025, regulators in New Mexico adopted emergency rules prohibiting the sale of any semi-synthetic THC cannabinoids in hemp products. This covers Delta-8 THC, THC-O, hydrogenated cannabinoids, and other lab-made variants – they are not allowed in hemp items. New Mexico still abides by the 0.3% total THC limit for hemp as well. So essentially, only non-intoxicating hemp products (or perhaps very low-THC full spectrum CBD products) can be sold outside dispensaries. Since New Mexico legalized recreational cannabis, the state intends for intoxicating products to be sold in those licensed stores. Delta-8 products in regular retail are not legal in New Mexico.
New York
New York allows hemp-derived THC products but under very strict rules that eliminate most typical Delta-8 items. The state’s Cannabinoid Hemp Program limits the amount of THC in hemp products to micro-doses: edible or drinkable hemp products can have no more than 1 mg of total THC per serving and 10 mg total in an entire package. Additionally, New York requires a 15:1 ratio of non-intoxicating cannabinoids (like CBD) to THC in any hemp product, ensuring the THC content remains very low relative to CBD. Crucially, New York explicitly bans any chemically derived cannabinoids in hemp products. That means Delta-8 THC or Delta-10 THC created from CBD are not permitted in the over-the-counter hemp market. In effect, New York’s only legal hemp THC products are things like low-strength full-spectrum CBD edibles or tinctures that meet those tiny THC limits. Anything with a significant punch of THC, even if under 0.3% by weight, is not allowed unless it’s sold through the state’s licensed marijuana dispensaries (since New York has legal recreational cannabis). So, Delta-8 vapes or gummies are not legally sold outside the dispensary context in NY.
North Carolina
North Carolina allows hemp-derived THC products, with no special state legislation banning them as of 2025. The state aligns with the federal law that defines hemp, so products with up to 0.3% Delta-9 THC are legal. North Carolina briefly had a sunset clause on its hemp legalization but ultimately kept hemp legal permanently. Therefore, Delta-8 THC, hemp Delta-9 edibles, Delta-10, and THCA products are found in the market and are legal to sell to adults. There aren’t specific state-mandated testing or licensing requirements beyond general consumer protection laws. However, it’s worth noting these products aren’t regulated like cannabis (NC doesn’t have medical or recreational marijuana broadly), so they occupy an open but unregulated legal space in North Carolina.
North Dakota
North Dakota prohibits hemp-derived intoxicating cannabinoids such as Delta-8 THC. The state’s law was amended to ban “artificially derived” cannabinoids in any hemp product. This means if a compound like Delta-8 is produced from CBD or another hemp ingredient via chemical conversion, it’s not legal in North Dakota. Essentially, only naturally occurring hemp constituents are allowed, and only below 0.3% Delta-9 THC. Since Delta-8 occurs only in tiny natural amounts, any usable Delta-8 product would be considered artificially derived and thus illegal. North Dakota does not have a recreational cannabis market (only a limited medical program), and it has taken a strict stance that Delta-8, Delta-10, and similar products cannot be sold or possessed under its hemp regulations.
Ohio
Ohio’s hemp program allows products derived from licensed hemp that contain no more than 0.3% Delta-9 THC, and for several years that framework supported an active market in Delta-8 and other hemp-derived THC products. However, in 2025 the governor issued an executive order and regulators adopted emergency rules targeting “intoxicating hemp” products, seeking to remove them from general retail and treat them more like marijuana. Those rules have faced court challenges, creating a fluid legal landscape. As of late 2025, hemp-derived THC products are still found in Ohio, but their status is uncertain and subject to enforcement, with sellers and consumers operating amid ongoing regulatory and legal disputes.
Oklahoma
Oklahoma fully allows hemp-derived THC products and has a thriving market for them. The state has not introduced any ban or special restrictions on Delta-8, Delta-10, THCA, or similar cannabinoids derived from hemp. As long as the product meets the federal definition of hemp (which all Delta-8 products do by sourcing from hemp CBD), it is considered legal in Oklahoma. Retailers sell all manner of gummies, cartridges, and edibles with various hemp cannabinoids. Oklahoma does require standard testing and labeling for safety (and any ingestible product falls under the purview of food safety laws), but there is no separate licensing required just to sell Delta-8. In summary, Oklahoma is an open/unrestricted state for hemp THC — these products are legal and common in shops.
Oregon
Oregon prohibits hemp-derived THC products outside of its regulated cannabis system. Oregon’s law and regulations treat any “intoxicating cannabinoid” as a cannabis item that should be tracked and sold only by OLCC-licensed cannabis businesses. Delta-8 THC, THC-O, and similar derivatives are not allowed to be sold on the general market or by unlicensed vendors. Additionally, Oregon has rules to enforce age restrictions — even for minor levels of THC in hemp products, sales to under-21 are forbidden. Given that Oregon has had legal recreational marijuana for years, the state essentially funnels any THC product into that channel. So while you can legally buy high-THC products from a dispensary, you cannot buy Delta-8 or other hemp-sourced THC products from regular retail stores in Oregon.
Pennsylvania
Pennsylvania allows hemp-derived THC products without a special ban, although there is increasing scrutiny. The state’s hemp program is overseen by the Department of Agriculture, which ensures that products come from licensed hemp and conform to the 0.3% Delta-9 THC limit. There is no Pennsylvania law specifically outlawing Delta-8 or other isomers at this time. Therefore, Delta-8 gummies, Delta-10 vapes, and even hemp-derived Delta-9 edibles are legally sold in smoke shops and other outlets. They must be made in compliance with general safety regulations (for example, if it’s an edible, it should be prepared in a licensed kitchen). Pennsylvania has a medical marijuana program, and as of 2025 the state was considering recreational legalization, but meanwhile hemp-derived THC remains legal in the open market.
Rhode Island
Rhode Island bans Delta-8 THC and similar hemp-derived cannabinoids from sale. Even though Rhode Island legalized recreational marijuana in 2022, it does not permit unregulated hemp THC products. State regulators classify Delta-8 and Delta-10 (often termed “synthetic cannabinoids” in their rules) as controlled, and they have not authorized their sale outside of licensed cannabis facilities. In fact, Rhode Island requires any retailer of hemp-derived products to be licensed, and even then, products that cause intoxication would not be approved. Practically, this means you won’t see Delta-8 products for sale legally in Rhode Island stores; consumers must go to a state-licensed dispensary for any THC products. Recreational cannabis is available through those dispensaries, but the separate hemp market for Delta-8 is not allowed.
South Carolina
South Carolina does not allow hemp-derived THC products that induce a high. The state’s Attorney General made it clear that Delta-8 THC and other THC variants are considered illegal under South Carolina law, despite the federal hemp legalization. The rationale is that the state hemp law only protects hemp products with negligible THC. Therefore, Delta-8, Delta-10, THCA concentrates, etc., are viewed as controlled substances (essentially no different from marijuana). Law enforcement in South Carolina has acted against stores selling Delta-8 in the past. In summary, South Carolina has kept a strict ban on intoxicating hemp products – only non-psychoactive CBD products with no significant THC are legal.
South Dakota
South Dakota has legalized industrial hemp but has moved to shut down intoxicating hemp products. A 2024 law bans the manufacture and sale of chemically modified or converted cannabinoids from hemp, which covers Delta-8 THC, Delta-10 THC, THC-O, HHC, and similar “diet weed” products. The state also measures total THC (including THCA) against the 0.3% hemp limit. Non-intoxicating CBD products that meet this standard remain legal, but typical Delta-8 gummies, vapes, and high-THCA “hemp” flower are not lawfully sold. Outside of a limited medical cannabis program, consumers in South Dakota do not have a legal retail avenue for intoxicating hemp THC products.
Tennessee
Tennessee recently moved from an open market to a regulated market for hemp-derived THC. Up until mid-2023, Delta-8 and similar products were legal and largely unregulated in the state. However, Tennessee enacted a new law (effective July 1, 2024) that puts age restrictions and licensing in place. Now, you must be 21 or older to purchase any “intoxicating hemp” product, and sellers have to obtain a special license to offer these products. There are also rules for lab testing, labeling (with health warnings), and secure packaging. What this means is Delta-8 THC and related products remain legal in Tennessee, but regulated: you can buy them, yet the industry is now under oversight to ensure quality control and to keep these items away from minors.
Texas
Texas allows hemp-derived THC products, but enforces regulations on their production and sale. Texas law (since 2019) legalized “consumable hemp products,” which includes edibles, oils, vape cartridges, etc., containing cannabinoids like CBD and even Delta-8 THC, as long as Delta-9 THC stays under 0.3%. The state health department has set up rules (25 TAC §300) for manufacturing, testing, and labeling these products. Retailers and manufacturers are supposed to register with the state. Notably, Delta-8 THC has been a contentious topic in Texas: in 2021 the health department tried to declare it illegal, but that was challenged in court and as of 2025 Delta-8 is still being sold legally in Texas under the hemp law. So, you can buy hemp Delta-9 edibles, Delta-8 vapes, etc., in Texas stores — they must be lab-tested and properly labeled, but there’s no requirement to purchase from a dispensary (Texas doesn’t have recreational marijuana, only a very limited medical program). In summary, Texas’s stance is that hemp THC products are legal if compliant, but the state keeps an eye on them through its consumable hemp program rules.
Utah
Utah bans many hemp-derived THC products, maintaining a conservative stance. The state requires all hemp products to be registered with the Utah Department of Agriculture and Food, and as part of that oversight, it forbids products that contain certain synthetic cannabinoids or high levels of THC. Delta-8 THC, Delta-10 THC, and similar compounds are treated as illegal in Utah. In fact, Utah law was modified to clarify that any “synthetic equivalents” of cannabis compounds are controlled substances. So even though you might find CBD products in Utah, you will not find legal Delta-8 gummies or THCP vapes. Utah has a medical cannabis program, but outside of that, intoxicating hemp products are not permitted.
Vermont
Vermont does not allow hemp-derived THC products to be sold outside of its regulated cannabis market. The state has empowered its Cannabis Control Board to oversee not just marijuana but also any hemp products that have intoxicating effects. Vermont law essentially says that if a hemp product contains Delta-8 THC or similar, it falls under the same regulations as cannabis. Vermont legalized adult-use marijuana (and has licensed dispensaries), so any Delta-8 or high-THC hemp item would have to be sold in those dispensaries – and in practice, such sales aren’t happening because they focus on traditional cannabis. For regular retailers, selling Delta-8 is illegal. Thus, Vermont has banned hemp THC products from general commerce, despite being a pro-cannabis state in other respects.
Virginia
Virginia heavily restricts hemp-derived THC products, to the point that most have effectively been banned from regular sale. In 2023 Virginia implemented new rules capping the amount of THC in any over-the-counter hemp product at 2 milligrams per package (this includes all THC, not just Delta-9). The only exception is if the product has a very large amount of CBD relative to THC (at least 25 parts CBD to 1 part THC), which would dilute the intoxicating effect. These limits essentially eliminated typical Delta-8 edibles and cartridges from Virginia retailers. Now, anything with more than trace THC content is treated as a cannabis product and would fall under the medical dispensary program (Virginia has medical cannabis and has legalized simple possession for adults, but no retail sales for recreational use yet). So while hemp CBD oils are still sold, Delta-8 gummies, potent full-spectrum hemp edibles, and similar items are banned unless you’re buying from a licensed cannabis provider under the medical regime.
Washington
Washington bans the sale of hemp-derived THC products outside its licensed cannabis stores. In 2021, Washington’s regulators first moved to stop the unregulated sales of Delta-8 THC, and by 2023 the state passed a law clarifying that any product containing >0.3% THC (of any type) must be sold via the state’s marijuana licensees. Washington has a long-standing legal recreational marijuana market, and it explicitly does not allow a parallel hemp THC market. This means Delta-8, hemp-derived Delta-9 edibles, THCA flower, etc., cannot be sold in convenience stores, smoke shops, or online retailers to Washington consumers. Those products are considered illegal unless they go through the official cannabis supply chain. So, despite Washington’s permissive stance on cannabis generally, it outlaws hemp-derived THC products outside of state-registered pot shops.
West Virginia
West Virginia allows hemp-derived THC products under a tightly controlled program. The state Department of Agriculture requires anyone making or selling consumable hemp products to register, and it maintains a list of approved cannabinoids and products. Delta-8 THC and other hemp-derived cannabinoids are not outright banned, but only those products that the state has reviewed and deemed compliant can be sold. West Virginia has set limits on the types of cannabinoids (for instance, certain novel THC analogues might not be allowed) and enforces testing and labeling standards. Practically, this means consumers in West Virginia can find Delta-8 or hemp Delta-9 products, but they should be ones that are registered with the state’s program. The market is regulated to ensure safety, so while legal, these products are monitored. (West Virginia’s own marijuana laws are relatively strict — a limited medical program exists, no recreational cannabis — so the hemp program provides a legal way to buy some THC products under oversight.)
Wisconsin
Wisconsin permits hemp-derived THC products, having no specific ban on Delta-8 or similar cannabinoids. Hemp and CBD became legal in Wisconsin after the Farm Bill, and the state has not passed legislation to criminalize Delta-8 THC. As a result, Delta-8 gummies, THCA hemp flower, and other such items are commonly sold. The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) has issued guidance to ensure hemp products are accurately labeled and tested for potency and contaminants, but there isn’t a special licensing requirement just for retailing Delta-8. Wisconsin does not have a medical or recreational marijuana program, so hemp products fill some of that demand legally. Consumers should be aware that while it’s legal to buy these products, they are not heavily regulated by the state beyond general food and supplement safety standards.
Wyoming
Wyoming follows the federal definition of hemp and allows hemp products that stay at or below 0.3% Delta-9 THC, but it takes a restrictive view of cannabinoids created through chemical conversion. State guidance treats isomerized or otherwise converted THC forms, such as most commercial Delta-8 and Delta-10 made from CBD, as controlled substances rather than legal hemp ingredients. That means naturally low-THC hemp and CBD products are legal, while most intoxicating hemp products produced through conversion are not. In practice, Wyoming allows non-intoxicating hemp extracts but does not clearly authorize typical high-THC Delta-8 or Delta-10 products on the open market.
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