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Is Kratom, Delta 8 and HCC Legal In Your State?
Updated legal fact-sheet.
November 18, 2022.
Currently, 21 U.S. states have restricted or banned delta-8 THC and a further four states are currently reviewing its legal status.
The 21 U.S. states that have regulated, restricted, or banned delta-8:
- Alaska
- California
- Colorado
- Connecticut
- Delaware
- Idaho
- Iowa
- Louisiana
- Maryland
- Michigan
- Minnesota
- Montana
- New York
- Nevada
- North Dakota
- Oregon
- Rhode Island
- South Dakota
- South Carolina
- Utah
- Vermont
Delta-8 is legally available in 29 US states + 1 district:
- Alabama
- Arizona
- Arkansas
- Florida
- Georgia
- Hawaii
- Illinois
- Indiana
- Kansas
- Kentucky
- Maine
- Massachusetts
- Mississippi
- Missouri
- Nebraska
- New Hampshire
- New Jersey
- New Mexico
- North Carolina
- Ohio
- Oklahoma
- Pennsylvania
- Tennessee
- Texas
- Virginia
- Washington
- Washington DC
- West Virginia
- Wisconsin
- Wyoming
Delta-8 is legally available in 29 US states + 1 district:
- Alabama
- Arizona
- Arkansas
- Florida
- Georgia
- Hawaii
- Illinois
- Indiana
- Kansas
- Kentucky
- Maine
- Massachusetts
- Mississippi
- Missouri
- Nebraska
- New Hampshire
- New Jersey
- New Mexico
- North Carolina
- Ohio
- Oklahoma
- Pennsylvania
- Tennessee
- Texas
- Virginia
- Washington
- Washington DC
- West Virginia
- Wisconsin
- Wyoming
Idaho (ID)
Idaho is renowned for having the toughest hemp laws in the country.
No hemp-derived product can carry any percentage of THC or its isomers, as outlined under House Bill 126 and in the Idaho Uniform Controlled Substances Act.
Therefore, hemp-derived delta-8 is banned in Idaho under state law, which means the use, possession, sale, distribution, and production of delta-8 products are not permitted anywhere within the state. Likewise, marijuana and marijuana-derived delta-8 are strictly forbidden. Penalties for marijuana-derived delta-8 possession are harsh. Possession of 3 ounces or less is punishable by up to 1 year in prison and a fine of up to $1,000. Learn more about the legal status of delta-8 in Idaho.
Colorado (CO)
Surprisingly, delta-8 is not legal in Colorado despite very relaxed medical and recreational marijuana laws. The state does not permit the use, possession, sale, distribution, and production of delta-8 products following a notice from the Colorado Department of Health & Environment (CDPHE). The notice states, “chemically modifying or converting any naturally occurring cannabinoids from industrial hemp is non-compliant with the statutory definition of ‘industrial hemp product’”. As a result, Colorado considers delta-8 a controlled substance, as outlined in SB 14-184 and the Uniform Controlled Substances Act.
However, there are reports suggesting delta-8 is sold freely across the state and law enforcement isn’t cracking down on unlicensed vendors. A recent bill (Senate Bill 205) passed in May created a task force that will study intoxicating hemp compounds and focus on consumer protection. The task force will submit a report to the general assembly by the end of 2022. Learn more about the legal status of delta-8 in Colorado.
North Dakota (ND)
Delta-8 is illegal in North Dakota and is considered a controlled substance under state law following the passage of North Dakota House Bill 1045. This bill amended the state’s already existing hemp bill to include delta-8 as a prohibited substance alongside delta-9 THC specifically.
As of 2021, the use, possession, sale, distribution, purchase, and production of hemp-derived delta-8 products are not permitted within the state. Marijuana and marijuana-derived delta-8 are also illegal under state law.
Learn more about the legal status of delta-8 in North Dakota.
Montana (MT)
Delta-8 is a state-controlled substance and not legal in Montana under state law following amendments to its Controlled Substances Act in 2019. The legal status of delta-8 means the use, possession, sale, distribution, and production of delta-8 products are prohibited within state borders.
However, recreational marijuana for adults aged 21+ is legal in Montana, though it’s unclear whether marijuana-derived delta-8 is permitted under the same cannabis laws.
Iowa (IA)
Delta-8 laws in Iowa are confusing. It’s likely an illegal controlled substance with law enforcement turning a blind eye to vendors openly selling delta-8 products within the state.
Chapter 124 of the Iowa Controlled Substances Act states all tetrahydrocannabinols are Schedule I controlled substances. The Iowa Department of Agriculture & Land Stewardship also officially declares the possession and manufacture of delta-8 products as prohibited.
According to House File 2581, all inhalable cannabis products (including delta-8) are illegal. Inhalable products include vape pens, flower and pre-rolls.
Missouri (MO)
Delta-8 is perfectly legal in Missouri and doesn’t categorize it as a controlled substance following the passage of House Bill 2034, which legalized hemp and hemp-derived compounds. This bill means the use, possession, sale, distribution, purchase, and production of hemp-derived delta-8 is legal under state law. Marijuana is illegal but decriminalized if caught with 10 grams or less.
Penalties for marijuana or marijuana-derived delta-8 possession are punishable by a fine. However, it’s still classified as a criminal misdemeanor.
New York (NY)
Delta-8 is illegal in New York. The sale, distribution, and production of delta-8 products are banned in the state following an announcement from the New York Cannabis Control Board (CCB), citing a lack of safety and improper mislabeling.
A CCB spokesperson later stated delta-8 might be regulated later through an adult-use program similar to its recreational marijuana program. However, it’s unclear whether the use and possession of hemp or marijuana-derived delta-8 are punishable under state law.
Learn more about the legal status of delta-8 in New York.
Vermont (VT)
Delta-8 is not legal in Vermont following an announcement from the Vermont Agency of Agriculture, Farms, and Markets (AAFM), which oversees and regulates the state’s hemp program.
As a result, anyone who uses, possesses, or distributes delta-8-THC may face federal and/or State criminal sanctions. While delta-8-THC cannot be manufactured from hemp, the Vermont Hemp Rules allow producers to create distillates and isolates of hemp’s naturally occurring cannabinoids to create hemp products. https://agriculture.vermont.gov/hemp-program/delta-8-vermont-revisiting-rule#:~:text=As%20a%20result%2C%20anyone%20who,cannabinoids%20to%20create%20hemp%20products.
Rhode Island (RI)
Delta-8 is not legal in Rhode Island. Delta 8 is classified as a Schedule I controlled substance under the state’s Uniform Controlled Substances Act. Furthermore, any ingestible product that contains THC regardless of the amount is illegal in Rhode Island.
This classification means the use, possession, sale, distribution, purchase, and production of hemp and marijuana-derived delta-8 products are strictly forbidden. Possession of an ounce or less of delta-8 as a first-time offender is a civil violation and punishable by a maximum $150 fine. A subsequent offense is a misdemeanor punishable by up to one year in prison and a $500 fine.
Delaware (DE)
Delta-8 is not legal in Delaware, meaning the state does not permit the use, possession, sale, distribution, and production of delta-8 products under state law. While Delaware recently decriminalized simple marijuana possession in small quantities, the state clarifies all tetrahydrocannabinols are banned substances under Schedule I of its Uniform Controlled Substances Act. Penalties for delta-8 possession range from fines to extended prison times depending on quantity and intent.
South Carolina (SC)
Delta-8 is legal in South Carolina, but Attorney General Alan Wilson claims delta-8 products derived from hemp plants carrying the federal 0.3% THC limit aren’t permitted anywhere in the state. Wilson’s comment on the legality of delta-8 in South Carolina means the use, possession, sale, distribution, and production of delta-8 products are in a grey area but likely not officially prohibited. Learn more about delta-8’s legality in South Carolina.
| Alabama | Legal | HHC is legal under state law, as well as all hemp products that contain less than 0.3% delta-9 THC. |
|---|---|---|
| Alaska | Likely Illegal | HHC is likely illegal in Alaska, as the state law categorizes hemp-derived THC isomers as Schedule III on the list of controlled substances. |
| Arizona | Illegal | The law in Arizona prohibits HHC products due to its status as a controlled substance — the only THC permitted in Arizona is delta-9 THC. |
| Arkansas | Illegal | The state law in Arkansas bans the use and distribution of modified cannabinoids, including delta-8 THC, delta-10 THC, and HHC. |
| California | Legal | Hemp-derived HHC products in California must contain no more than 0.3% delta-9 THC. |
| Colorado | Likely Illegal | Colorado bans all “chemically modified” THC isomers, including HHC. |
| Connecticut | Legal | Connecticut aligns with federal law, meaning HHC is legal if the end product comes with less than 0.3% delta-9 THC. |
| Delaware | Likely Illegal | HHC and other isomers of THC are prohibited under Title 16 of the Delaware Uniform Controlled Substances Act. |
| Florida | Legal | Florida accepts HHC products with no more than 0.3% delta-9 THC on a dry weight basis. |
| Georgia | Legal | Georgia allows the sale of HHC products if they’re not made from synthetic cannabinoids. |
| Hawaii | Likely Illegal | HHC isn’t explicitly prohibited, but Hawaii has banned smokable hemp products, including flowers, vapes, and pre-rolls. |
| Idaho | Illegal | HHC is a Schedule 1 controlled substance in Idaho. |
| Illinois | Illegal | The Illinois Department of Agriculture bans hemp-derived intoxicating isomers, such as HHC or delta-8 THC. |
| Indiana | Legal | The state law in Indiana is the same as the federal law regarding HHC. |
| Iowa | Illegal | Not explicitly banned, but probably illegal because delta-8 THC is prohibited, too. |
| Kansas | Likely Legal | There are no specific laws regarding THC isomers from hemp. |
| Kentucky | Likely Illegal | All psychoactive hemp-derivatives are Schedule 1 controlled substances in Kentucky. |
| Louisiana | Legal | All hemp-derived products with less than 0.3% delta-9 THC are legal in Louisiana. |
| Maine | Legal | Maine approves HHC and delta-8 products from hemp if they have no more than 0.3% delta-9 THC. |
| Maryland | Legal | Hemp-derived HHC products in Maine must contain less than 0.3% delta-9 THC on a dry weight basis. |
| Massachusetts | Legal | The state law in Massachusetts adheres to the 2018 Farm Bill, meaning all hemp-derived isomers are legal. |
| Michigan | Legal | HHC is legal but can only be sold by licensed dispensaries and manufacturers in the state. |
| Minnesota | Legal | HHC is legal in Minnesota as long as it comes from hemp and contains no more than 0.3% delta-9 THC. |
| Mississippi | Illegal | HHC is a Schedule 1 controlled substance in Missouri. |
| Missouri | Likely Legal | The Missouri State Code allows hemp-derived HHC products with 0.3% delta-9 THC or less. |
| Montana | Illegal | Montana bans all tetrahydrocannabinols, including HHC. |
| Nebraska | Legal | HHC is legal in Nebraska, as well as delta-8 THC, delta-10 THC, and THC-O. |
| Nevada | Illegal | Nevada considers HHC and other THC isomers controlled substances. |
| New Hampshire | Likely Legal | There are no mentions of HHC in state law, but it doesn’t prohibits it either. |
| New Jersey | Legal | All hemp-derived cannabinoids, including HHC, are legal in New Jersey provided that they contain no more than 0.3% delta-9 THC. |
| New Mexico | Legal | HHC is regulated under the 2018 Farm Bill in New Mexico, which allows all hemp-derived products. |
| New York | Illegal | State law restricts THC isomers, meaning the sale and production of HHC is illegal. |
| North Carolina | Legal | North Carolina laws align with the 2018 Farm Bill – all THC isomers from hemp are permitted. |
| North Dakota | Illegal | HHC is a controlled substance in North Dakota. |
| Ohio | Legal | HHC is legal in Ohio because the state law coincides with 2018 Farm Bill. |
| Oklahoma | Legal | Hemp tetrahydrocannabinols, including HHC, aren’t controlled substances under the Oklahoma Public Health Code. |
| Oregon | Legal | HHC is in a special category called “Cannabinoids for Adult Use,” together with delta-8, delta-9, and delta-10 THC. |
| Pennsylvania | Legal | The state law doesn’t mention HHC anywhere, meaning it’s legal under the 2018 Farm Bill. |
| Rhode Island | Likely Illegal | Rhode Island legalized all hemp-derivatives, but another law defines isomers as “THC,” making HHC illegal for human consumption. |
| South Carolina | Legal | HHC is legal as long as it comes from hemp and doesn’t contain more than 0.3% delta-9 THC by dry weight. |
| South Dakota | Legal | HHC is legal only for adults over 21 years old. |
| Tennessee | Legal | State law considers hemp-derived cannabinoids legal as long as the product contains no more than 0.3% delta-9 THC. |
| Texas | Likely Legal | HHC is probably legal in Texas because lawmakers haven’t addressed its status yet. |
| Utah | Illegal | HHC, THC-O, delta-8 and delta-10 based products are illegal in Utah, regardless of whether they come from hemp or marijuana. |
| Vermont | Likely Illegal | HHC is obtained using a similar process as delta-8 THC, which is illegal, so the same laws may apply to HHC. |
| Virginia | Legal | You can buy HHC in Virginia because state law treats all hemp-derived cannabinoids the same way as the 2018 Farm Bill. |
| Washington | Illegal | HHC is a controlled substance in Washington. |
| West Virginia | Legal | HHC is legal as long as the end product contain 0.3% delta-9 THC or less. |
| Wisconsin | Likely Legal | HHC is allowed if the hemp-derived product doesn’t exceed 0.3% delta-9 THC. |
| Wyoming | Likely Legal | The state allows all hemp-derived products that contain 0.3% delta-9 THC or less on a dry weight basis. |
References
States Where CBD Edibles are Banned.
This restriction includes; gummies, candies, and all CBD-infused chewable foods.
*Updated September 2021:
- Maine
- New York
- North Carolina
- Ohio
There must be a clearly visible statement on the website checkout page informing buyers that the sale of CBD edibles is prohibited restricted in their state.
The 2018 Farm Bill does not by itself supersede individual state hemp or hemp-derived cannabidiol (CBD) legality. In fact, the 2018 Farm Bill leaves the responsibility to legalize the sale and/or possession of hemp-derived CBD up to the individual states.
The legality of CBD under state law is frequently ignored and overlooked even though individual state law is arguably much more important than federal legality in terms of potential legal consequences for both businesses and consumers.
Contrary to popular opinion, CBD is not legal in all 50 states, even if it is sourced from hemp. This is because all states have their own Controlled Substances Acts (CSA) which generally mirror the federal CSA. Until an unrestricted hemp definition is exempted from a state’s CSA, hemp is still considered marijuana in that state.
Kratom is Prohibited by Visa and MasterCard.
Visa and MasterCard will not support transactions involving the sale of kratom. For that reason, will not offer merchant accounts to kratom sellers.
If a traditional payment processor discovers a merchant violating Visa and MasterCard policy, that merchant account will be terminated the merchant will be placed on the ‘Match List’.
Source; https://www.legitscript.com/?p=9076
Kratom is banned in several US states or considered “illegal” in others. These states include; Rhode Island, Arkansas, Vermont, Indiana, Tennessee, and Wisconsin.
Furthermore, there are municipalities within states that have banned the sale or distribution of kratom; Sarasota Florida, a couple of municipalities in Colorado, San Diego California, several counties and cities in Mississippi, Franklin New Hampshire, and Jerseyville Illinois.
- Canada has banned the sale of Kratom for human consumption, but Kratom is not illegal in Canada. When sold in Canada, Kratom is labeled as not for human consumption.
- Kratom is listed as a Drug of Concern by the Drug Enforcement Administration and has been identified by the FDA as having deadly risks.
Learn more about this substance by getting our free Kratom FAQ Guide. Again, these legal facts must be understood.
Regardless of the 2018 US Farm Bill: States Where CBD Products Are Still Restricted (not Prohibited)
- Alaska – Under Alaska law, delta-8 THC is illegal, even though recreational cannabis is legal. The state has banned all forms of THC. Hemp-derived products also remain illegal unless you’re authorized under the industrial hemp pilot program.
- Idaho – The Idaho Office of Drug Policy shared details on local state laws relevant to CBD. The Idaho Code §37-2701 mandates that only THC -free CBD products may be excluded from the marijuana category. According to Idaho law, any CBD that contains THC, even if less than 0.3%, is considered a controlled substance. Under paragraph (ff) of Idaho statute Title 37 ‘Food, Drugs, and Oil’; Chapter 27 Uniform Controlled Substances Article 1, you will find the following the state’s definition of a controlled substance; “…Simulated controlled substance” means a substance that is not a controlled substance, but which by appearance or representation would lead a reasonable person to believe that the substance is a controlled substance. Appearance includes, but is not limited to, color, shape, size, and markings of the dosage unit…”
- Iowa – As of September 2022, CBD is legal in the state of Iowa only if it contains less than 0.30% THC or none at all. In the same regard, there is still confusion with Iowa state law on the grounds that Schedule I of the Uniform Controlled Substances Act states the following; Iowa Code § 124.204(m), (u). Consequently, “…any product containing any amount of CBD or any amount of THC is classified as a Schedule I controlled substance under Iowa law.” [As you can see, it appears as if any amount of CBD and THC are restricted. However, Section 481—32.1(204) of Iowa Code describes how hemp products should be labeled when sold to the public. https://www.legis.iowa.gov/docs/iac/chapter/02-10-2021.481.32.pdf
- North Dakota – hemp-derived CBD products made from hemp are allowed. However, smoking hemp flower or hemp pre-rolls is strictly illegal.
- Kansas – legalized the possession and use of CBD oil as long as it has zero percent THC. A new legislature was passed in May 2019 known as Claire and Lola’s Bill which protects users. This law supports residents of the state to maximize the benefits of CBD. Republican state Representative Mark Schreiber raised this issue by presenting two children named Claire and Lola who were diagnosed with microcephaly and their family wanted to use CBD oil to manage and treat their seizures. Unfortunately, Claire died at 17 years old before the bill was passed.
Extremely restrictive state law. For industrial uses only.
Washington D.C.: the District of Columbia classifies all extracts from cannabis as hashish, a term which was not included in the legalization initiatives. This means CBD possession could be charged as possession of hashish, which would have serious consequences, including significant jail time.
*Source: Buscher Law Firm. Experts in cannabis, hemp and CBD. https://is.gd/tZlOSx
- Indiana Prohibited: Smokable CBD flower.
- Kentucky Prohibited: Hemp cigarettes; hemp cigars; chew, dip, smokeless material consisting of hemp leaf material or hemp floral material; and hemp leaf material or floral material teas.
- New Hampshire: Guideline issued by the New Hampshire Liquor Commission in 2018 and revised in June 2019 states that Hemp-CBD may not be added to foods or alcohol products in New Hampshire.
- Texas: The sale and marketing of Hemp CBD foods and cosmetics is allowed so long as these products meet specific testing and labeling requirements. However, the definition of “consumable hemp product” does not include smokable products. HB 1325 expressly prohibits the processing and manufacture of products “containing hemp for smoking.” “Smoking” is defined as “burning or igniting a substance and inhaling the smoke or heating a substance and inhaling the resulting vapor or aerosol.”
- Vermont: CBD cannot be combined with meat or dairy; maple syrup has its own rules.
Website Store Compliance Checklist
- Cannot sell or ship to states where CBD is banned/illegal
- Cannot sell or ship CBD-infused foods or beverages, including gummies, to states that have banned CBD edibles.
- Cannot label or market a product as a dietary supplement
- Cannot use the following terms in describing a product: “prevent”, “diagnose”, “mitigate”, “treat”, or “cure”.
- Testimonials may not use the terms above.
- Customer Service Contact must be clearly displayed
- Refund Policy must be clearly displayed
- Customer must opt-in for recurring / subscription orders; opt-out is not ok
- Privacy Policy must be clearly displayed.