Delta-8 THC in the USA: Maneuvering through the Legal Gray Area

The Legal Status of Delta-8 THC and CBD Oil in the USA

Delta-8 THC and CBD oil are two cannabis-derived compounds that have gained popularity for their purported health benefits. However, the legal status of these compounds is a complex issue that varies from state to state. In this article, we will explore the legal status of Delta-8 THC and CBD oil in the USA.

Is Delta-8 THC Legal?

Delta-8 THC is a psychoactive compound found in cannabis plants, which makes it technically illegal under federal law. However, the 2018 Farm Bill legalized hemp and its derivatives, including CBD oil, which has led to the rise of Delta-8 THC products.

The legality of Delta-8 THC is a gray area in the USA, as some argue that it is legal when derived from hemp, while others argue that it is still illegal under federal law due to its psychoactive nature.

Currently, Delta-8 THC is explicitly banned in Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, Rhode Island, and Utah. Some states, such as Colorado and Oregon, have taken the position that Delta-8 THC is illegal under state law, even though it is technically a hemp-derived product. However, Delta-8 THC is legal in many other states, including Alabama, California, Florida, Georgia, Hawaii, Illinois, Louisiana, Maryland, Michigan, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Virginia, Washington, and West Virginia.

Legal THC

The legality of Delta-8 THC highlights the larger issue of legal THC in the USA. Delta-9 THC, the psychoactive compound found in cannabis, is illegal under federal law but legal for medical and recreational use in several states. However, Delta-8 THC and other THC analogs are still in the legal gray area, and the laws around them are still developing.

Is CBD Oil Legal?

The legality of CBD oil depends on whether it is derived from hemp or marijuana. Hemp-derived CBD oil is legal under federal law, as long as it contains less than 0.3% THC and is produced in compliance with the 2018 Farm Bill. Marijuana-derived CBD oil is illegal under federal law, regardless of its THC content.

As of 2021, 36 states have enacted laws that allow for the cultivation and sale of hemp and hemp-derived products, including CBD oil. However, the legality of CBD oil varies from state to state, with some states still considering it illegal. Therefore, it is crucial to research and understand the laws in your state before purchasing or consuming CBD oil.

The FDA has only approved one CBD product, Epidiolex, for the treatment of seizures associated with two rare and severe forms of epilepsy. Therefore, it is essential to consult with a healthcare professional before using CBD oil as a treatment for any medical condition.


The legality of Delta-8 THC and CBD oil is a complex issue that varies from state to state. While some states have explicitly banned or legalized Delta-8 THC, others have not yet addressed its legality, creating confusion for both consumers and businesses. As laws around cannabis and its derivatives continue to evolve, it is crucial to stay informed and navigate this legal gray area with caution.