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Is Delta 8 Legal ?

  • Posted on
  • By Kevin Bramlett
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Find out if Delta 8 is Legal in your State. Updated 07/12/2021

The Big Question:  Is Delta 8 Legal

Yes and No. Certain states have made Delta 8 illegal. Whether it's due to the complicated source it's derived from or whether it is considered a synthetic version or possibly be competition with Delta 9, which is bringing the government money in the states where it is legal and TAXED! Delta 8 is not TAXED separately, yet. They have already started taxing CBD here in Louisiana. Besides the normal high sales tax of 9.2%, the Louisiana Department of Revenue has added an excise tax on all CBD sales that the Retailer or Reseller must pay and not the consumer, but what makes this unfair is that a company out of state can ship CBD products to a consumer in Louisiana and not pay the additional 3% excise tax or in some cases the state and local taxes either, which can total 12.2% or higher. This makes it an unfair advantage for CBD sellers in Louisiana to compete against companies selling CBD from other states.  

Here is a list of states where Delta 8 is currently legal and illegal and keep in mind this can change any day so always check with your local state on legality before ordering. 

 

Alaska: Delta 8 is illegal in Alaska
Arizona: Delta 8 is illegal in Arizona
Arkansas: Delta 8 is illegal in Arkansas
California: Delta 8 is legal in California
Colorado: Delta 8 is illegal in Colorado
Connecticut: Delta 8 is legal in Connecticut
Delaware: Delta 8 is illegal in Delaware
Florida: Delta 8 is legal in Florida
Georgia: Delta 8 is legal in Georgia
Hawaii: Delta 8 is legal in Hawaii
Idaho: Delta 8 is illegal in Idaho
Illinois: Delta 8 is legal in Illinois
Indiana: Delta 8 is legal in Indiana
Iowa: Delta 8 is illegal in Iowa
Kansas: Delta 8 is legal in Kansas
Kentucky: Delta 8 is illegal in Kentucky
Louisiana: Delta 8 is legal in Louisiana (August 1st 2021)
Maine: Delta 8 is legal in Maine
Maryland: Delta 8 is legal in Maryland
Massachusetts: Delta 8 is legal in Massachusetts
Michigan: Delta 8 is legal in Michigan - check Michigan state law as this state is considered maybe legal
Minnesota: Delta 8 is legal in Minnesota
Mississippi: Delta 8 is illegal in Mississippi
Missouri: Delta 8 is illegal in Missouri
Montana: Delta 8 is illegal in Montana
Nebraska: Delta 8 is legal in Nebraska
Nevada: Delta 8 is legal in Nevada
New Hampshire: Delta 8 is legal in New Hampshire
New Jersey: Delta 8 is legal in New Jersey
New Mexico: Delta 8 is legal in New Mexico
New York: Delta 8 is legal in New York
North Carolina: Delta 8 is legal in North Carolina
North Dakota: Delta 8 is legal in North Dakota
Ohio: Delta 8 is legal in Ohio
Oklahoma: Delta 8 is legal in Oklahoma
Oregon: Delta 8 is legal in Oregon
Pennsylvania: Delta 8 is legal in Pennsylvania
Rhode Island: Delta 8 is illegal in Rhode Island
South Carolina: Delta 8 is legal in South Carolina
South Dakota: Delta 8 is legal in South Dakota
Tennessee: Delta 8 is legal in Tennessee
Texas: Delta 8 is legal in Texas
Utah: Delta 8 is illegal in Utah
Vermont: Delta 8 is legal in Vermont
Virginia: Delta 8 is legal in Virginia
Washington: Delta 8 is legal in Washington
West Virginia: Delta 8 is legal in West Virginia
Wisconsin: Delta 8 is legal in Wisconsin
Wyoming: Delta 8 is legal in Wyoming

 

In other words, delta 8 is illegal in Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, Rhode Island, and Utah. In all other states, it is legal, but bear in mind that this is subject to change if state legislators determine that it should be classified as a controlled substance. Therefore, before taking delta 8, you should always check with state laws, as laws regarding cannabis are prone to sudden change.

 

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