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Are Delta-8 Gummies Legal in Your City? - Erth Wellness

Are Delta-8 Gummies Legal in Your City?


Delta-8 THC is one of the numerous cannabinoids discovered in cannabis Sativa plants, but it's not found in significant concentrations. Therefore, concentrated levels of Delta-8 THC are frequently produced from hemp-derived CBD, this is according to a report made by the Food and Drug Administration (FDA). Hemp products like Delta-8 disposables, gummies, tinctures, etc., are now getting traction in the market due to their benefits.

Because delta-8 THC has a lesser psychoactive strength than delta-9 THC, research suggests that it may have fewer negative side effects and a softer effect on users. Studies investigating possible advantages, such as delta-8 THC's capacity to lessen anxiety, boost appetite, as well as possess analgesic and neuroprotective characteristics, are still in progress.

In light of the compound's popularity, you may wonder if it is legal in your state. Throughout this guide, you will find information about whether you can purchase Delta-8 THC in your area.

The Controversy Over Delta-8 THC

There is controversy surrounding Delta-8 THC because it offers a legal high in states where recreational marijuana is not allowed. The 2018 Farm Bill legalized hemp plants and Delta-8 products that contain less than 0.3% Delta-9 THC.

In terms of the law, Delta-8 is treated the same way as CBD and the other numerous cannabinoids that can be taken straight from the hemp plant.

Legislation Regarding Delta-8 THC

Laws are not crystal clear at the moment and will likely change, but for the time being, it is legal to buy and possess Delta-8 products in most states without much recourse from state authorities.

States that Allow Delta-8 THC

  • Alabama
  • Arkansas
  • Florida, if HB 679 passes, new state hemp laws will be introduced, and Delta-8 THC and other THC isomers from the hemp plant may even be banned.
  • Georgia
  • Hawaii, Delta-8 THC in Hawaii is considered legal, except for edibles and inhalable products. These include D-8 gummies, vapes, flowers, and beverages.
  • Illinois
  • Indiana, Delta-8 is federally legal in Indiana, except for smoked products like hemp flowers.
  • Kansas
  • Kentucky, if Senate Bill 170 passes, hemp-derived intoxicants such as Delta-8 will become illegal.
  • Louisiana, state lawmakers partially allow Delta-8. You can only purchase Delta-8 edibles, beverages, and topicals in Louisiana.
  • Maine
  • Maryland
  • Massachusetts
  • Missouri
  • Nebraska
  • New Hampshire
  • New Jersey
  • New Mexico
  • North Carolina
  • Ohio
  • Oklahoma
  • Oregon
  • Pennsylvania
  • South Carolina
  • South Dakota
  • Tennessee
  • Texas, Bills 3948 and 2593 failed to pass in the Texas department last April and May of 2021, which would have banned Delta-8 in the Texas Supreme Court.
  • Virginia
  • West Virginia
  • Wisconsin
  • Wyoming
  • Washington D.C.
  • States that Regulized Delta-8

    Delta-8 THC is treated as recreational cannabis and is not accepted as medical cannabis in some states, which means that it may only be purchased from licensed retailers.

    More states are likely to join this category in the coming months, including those that banned Delta-8 THC.

  • Connecticut
  • Michigan
  • States Where Delta-8 is Still in Legal Gray Area

    It is not 100% clear whether Delta-8 THC is illegal, partially illegal, or downright illegal in these states listed below. At this stage, we can only make educated guesses using the available information until state authorities provide a clear statement.

    • Arizona, at the moment, it is still in a legal grey area, and licensed dispensaries appear to be the only places where you can buy hemp-derived Delta-8.
    • California, it is illegal to sell hemp products containing more than 0.3% of THC, per California's passage of Bill AB-45 in October 2021. It is not clear whether they will ban it entirely or if it will be regulated in the same way that marijuana is.
    • Minnesota, in the state, a bill passed in June 2022 limits hemp-derived Delta-8. However, there's no indication if this law applies to vendors out of state.
    • Mississippi, hemp-derived products are exempted from the state's definition of tetrahydrocannabinol in its controlled substances law, which seems to make Delta-8 legal. Despite this, many brands don't ship to Mississippi.

    States Where Delta-8 is Illegal

    Listed below are the states that have laws in some form or another prohibiting Delta-8.

  • Alaska, even though the state allows marijuana for recreational use, they prohibit all forms of THC.
  • Colorado, the synthetic process of creating marijuana products is illegal.
  • Delaware, Delta-8 is illegal in Delaware, along with other forms of controlled substance THC.
  • Iowa
  • Montana, THC is illegal because it is a controlled substance.
  • Nevada
  • New York, in May 2021, the state revised its regulations, making it illegal for cannabinoids to be produced through isomerization, these include Delta-8 and Delta-10 THC. This regulation was confirmed by the New York Cannabis Control Board (CCB) in November 2021.
  • North Dakota
  • Rhode Island
  • Vermont
  • Utah
  • Washington
  • Try the ERTH Wellness' Amazing Selection of Delta-8 Products

    Are you ready to try and get the benefits of Delta-8 THC? We have a wonderful selection of Delta-8 THC-infused products that are great choices for both new and seasoned users.

    We also offer free CBD samples so you can try them for yourself. Please get in touch with us if you have any inquiries regarding either of these cannabinoids or any other information.

    Contact us at 866-804-ERTH at ERTH Wellness today!

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