Where are Delta 8, Delta 9, Delta 10 and Delta 11 Legal?

Delta products seem to keep growing by the number. Delta 8, 9, and 10 are all THC forms found in the cannabis plant, but THC most often refers to delta 9 THC. 

Here’s where you can find what’s legal – and where. Whether it’s your home state or someplace you’re traveling to, it’s best to be in-the-know and cross one unanswered question off your list: Is what I’m buying legal – and where (ok, that’s two questions)? Forty seven of the 50 U.S. states (and D.C.) have legalized the sale and use of hemp-derived CBD products. But some have restrictions on what kinds of CBD products, when involving Delta compounds, can be sold. Please note: The information in this article does not constitute legal advice. CBD laws continue to evolve and you should seek the most recent information from your governing authority.  Check out our assortment and buy Delta 9 gummies and vapes in the Cbdeeme store – all with certificates of analysis.

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Delta 8 Restrictions

First: Delta 8 THC is similar to Delta 9, but occurs in very small traces in the cannabis plant, meaning that mots consumer Delta 8 products have undergone some form of synthetic conversion of CBD or Delta 9 THC. 

As of this writing in August, 2024

Delta 8 is legal in:

  • Alabama*     Arizona
  • Arkansas.    Florida*
  • Georgia.    Illinois
  • Indiana.    Kentucky*
  • Maine.    Maryland*
  • Missouri.    Nebraska
  • New Jersey    New Mexico
  • North Carolina.    Ohio
  • Oklahoma.    Pennsylvania
  • South Carolina     Texas
  • Washington D.C.     Wisconsin
  • Wyoming*

*= you must be 21 or older to purchase. 

Delta 8 is restricted in:

  • Alaska.    Colorado
  • Delaware.    Hawaii
  • Idaho    Massachusetts
  • Mississippi    Montana
  • Nevada    New York (isomerization banned, could theoretically be sold in adult use)
  • North Dakota    Oregon
  • Rhode Island     Utah (possible in medical industry)
  • Vermont.    Washington
  • West Virginia

Delta 8 has severe restrictions in the following seven states – limiting all THC content to under 0.3% for hemp products, unless otherwise noted:

  • Iowa
  • Kansas
  • Louisiana (all THCs must be under 8 mg per serving and 1% by dry weight)
  • Michigan (all THCs under 0.3% and only marijuana-derived delta-8 allowed)
  • Minnesota (all THCs under 0.3% and less than 5 mg per serving)
  • New Hampshire
  • Virginia (2 mg serving limit or >25:1 CBD:THC ratio)

Buy a CBD, CBD Delta or any of Cbdeeme’s products suited for your needs now.

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Delta-9 Restrictions

First: Delta 9 THC is the most abundant form of THC in cannabis plants, so when you buy products that are labeled as containing THC, you’re usually getting delta 9 THC.   Delta-9 THC is a psychoactive compound known for its euphoric properties which can definitely “get you high.”

 

As of this writing in August, 2024, Delta-9 products which comply with the 2018 Farm Bill are legal in 49 U.S. states with the exception of Idaho.

 

Hemp-derived Delta 9 THC products are restricted in:

  • California
  • Idaho
  • North Dakota
  • Mississippi
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Delta 10 & 11 Restrictions

 

First, Delta 10 and Delta 11 are the new kids on the block.

Delta 10 gives a (anecdotally) high that is mellow but makes people feel more euphoric after consuming it.  The concern with both Delta 8 and Delta 10 products, ultimately, is that they are not regulated, meaning that it’s difficult for the end user to know if they’re buying legitimate and high quality products.

Delta 11, like Deltas 8 and 10, is found in trace quantities insufficient for commercial production and so has to be converted from cannabidiol (CBD) using chemical catalysts or heat.

 

Where are They Legal?

Delta 11 THC is a hemp product, so is federally legal under the 2018 Farm Bill and like Delta 9, of which it is an isomer of, products (hemp) containing levels of 0.3% THC are federally legal.  That means it”s federally legal in all states except for Idaho.

 

Delta 11 is illegal in:

  • Alaska
  • Arizona
  • Arkansas
  • Colorado
  • Delaware
  • Idaho
  • Iowa
  • Mississippi
  • Montana
  • Rhode Island
  • Utah

Delta 10 THC is also a hemp product and is also federally legal under the 2018 Farm Bill. That means it”s federally legal in all states except for Idaho.

 

Delta 10 is illegal in:

  • Alaska
  • Arizona
  • Arkansas
  • Colorado
  • Delaware
  • Idaho
  • Iowa
  • Mississippi
  • Montana
  • Rhode Island
  • Utah

Get a great, detailed look at state-by-state laws and penalties with this NORML map.

 

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