Are Delta-8 Products Illegal? In Some States, Yes.

In many states, Delta-8 products have been banned despite the popular opinion that these products are not “controlled substances” under federal law.

In our blog post from March, we explained how Delta-8 is a hemp-derived cannabis product that has become extremely popular across America, even as law enforcement and distributors disagree on its legality. In fact, based on the success of Delta-8 products, scientists have created another cannabinoid product, Delta-10, that is also extracted from CBD and gives users an intoxicating effect similar to marijuana and Delta-8.

While many advocates and attorneys argue that Delta-8 and Delta-10 are legal under the 2018 Farm Bill because they are derived from CBD-hemp, that has not stopped some states from banning these products. In states without bans, local law enforcement agencies have raided local businesses, such as vape stores and CBD stores, based on their mistaken belief that these cannabinoids are illegal. This leaves businesses in those states wondering whether it is safe to continue selling Delta-8 or whether they may be targeted next.

As of this writing, 15 states have passed laws prohibiting or severely restricting the manufacture and distribution of Delta-8, and some of these states have also identified Delta-10 as an illegal controlled substance. These states include states that have legalized marijuana entirely, such as New York, Oregon, and Washington. At least six states have legislation pending that would criminalize or strictly regulate Delta-8 and other cannabinoids.

The list of states that have banned Delta-8 and other cannabinoids, or are considering legislation regulating or prohibiting them, includes:

  • New York
  • Vermont
  • Rhode Island
  • Delaware
  • Kentucky
  • Mississippi
  • Arkansas
  • Iowa
  • Colorado
  • Montana
  • Arizona
  • Utah
  • Idaho
  • Washington
  • Alaska
  • Michigan – pending
  • Alabama – pending
  • Illinois – pending
  • Oklahoma – pending
  • North Dakota – pending
  • Oregon – pending

While it is unfortunate for businesses in these states that they cannot sell Delta-8 products anymore, at least those states have taken a position on these new products and given business owners fair notice. Meanwhile, in states like Georgia where the legislature has not addressed Delta-8, small business owners remain concerned that local law enforcement may raid their businesses based on their mistaken understanding of the law.

Our firm has represented several Delta-8 vendors and distributors, and we can help you or your business if your store has been raided or if you have been arrested for selling Delta-8 products. Contact our firm to speak to one of our experienced cannabis lawyers.


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