Delta 8 THC has been a gamechanger for the hemp industry, being the first cannabinoid to offer psychoactive effects while complying with federal law. You see, hemp was legalized thanks to the 2018 Farm Bill.Â
This legislation determined that all hemp products can be sold legally if they contain a maximum of 0.3% delta 9 THC. But, with more psychoactive cannabinoids hitting the market, certain states have taken legal action. Now, let’s see how this applies to the legality of shipping certain cannabinoids across the country.
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Does Federal Law Allow Delta 8 Products to Be Shipped Across States?
Let’s begin by examining federal law pertaining to the shipment of delta 8 THC. Again, the law is clear that hemp products may be sold legally, but how does that apply to shipping? Essentially, federal law does not restrict the shipment of hemp products that comply with federal restrictions. Pretty much, as long as the product is compliant with the law stating that a hemp product may not contain more than 0.3% delta 9 THC, it can be shipped across different states.
However, in order for this to be legal, the product must adhere to two standards:
- The hemp product must have undergone third-party testing by a state-licensed laboratory, for purity, safety, and legal compliance. The lab reports must be included with the delta 8 product.
- The shipper must provide proof of licensing to produce and/or distribute hemp-derived products, in order to be permitted to ship it to another state.
Besides that, as of late 2023, vaping products, including those that contain delta 8, can only be received by the customer via mail if they are 21 years of age or older (they must provide an ID), and if they sign for the product at the time of its arrival. This applies to all 50 states.
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Do States Allow Delta 8 Products to Be Shipped?
Now, we want to take a look at each individual state’s laws pertaining to the shipment of delta 8 products.
- Alabama: Delta 8 products may be shipped in and out of the state without any restrictions based on amount, concentration of delta 8 per product, or product type.
- Alaska: Delta 8 products may not be shipped in and out of the state, as delta 8 is strictly prohibited in the state, and therefore no products may be sold under any circumstances.
- Arizona: Delta 8 products may not be shipped in and out of the state, as delta 8 is strictly prohibited in the state, and therefore no products may be sold under any circumstances.
- Arkansas: Delta 8 products may not be shipped in and out of the state, as delta 8 is strictly prohibited in the state, and therefore no products may be sold under any circumstances.
- California: Delta 8 products may be shipped in and out of the state without any restrictions based on amount, concentration of delta 8 per product, or product type.
- Colorado: Delta 8 products may not be shipped in and out of the state, as delta 8 is strictly prohibited in the state, and therefore no products may be sold under any circumstances.
- Connecticut: Delta 8 products may be shipped in and out of the state without any restrictions based on amount, concentration of delta 8 per product, or product type.
- Delaware: Delta 8 products may not be shipped in and out of the state, as delta 8 is strictly prohibited in the state, and therefore no products may be sold under any circumstances.
- Florida: Delta 8 products may be shipped in and out of the state without any restrictions based on amount, concentration of delta 8 per product, or product type.
- Georgia: Delta 8 products may be shipped in and out of the state without any restrictions based on amount, concentration of delta 8 per product, or product type.
- Hawaii: Delta 8 products may not be shipped in and out of the state, as delta 8 is strictly prohibited in the state, and therefore no products may be sold under any circumstances.
- Idaho: Delta 8 products may not be shipped in and out of the state, as delta 8 is strictly prohibited in the state, and therefore no products may be sold under any circumstances.
- Illinois: Delta 8 products may be shipped in and out of the state without any restrictions based on amount, concentration of delta 8 per product, or product type.
- Indiana: Delta 8 products may be shipped in and out of the state without any restrictions based on amount, concentration of delta 8 per product, or product type.
- Iowa: Delta 8 products may not be shipped in and out of the state, as delta 8 is strictly prohibited in the state, and therefore no products may be sold under any circumstances.
- Kansas: Delta 8 products may be shipped in and out of the state without any restrictions based on amount, concentration of delta 8 per product, or product type.
- Kentucky: Delta 8 products may be shipped in and out of the state without any restrictions based on amount, concentration of delta 8 per product, or product type.
- Louisiana: Delta 8 products may be shipped in and out of the state without any restrictions based on amount, concentration of delta 8 per product, or product type.
- Maine: Delta 8 products may be shipped in and out of the state without any restrictions based on amount, concentration of delta 8 per product, or product type.
- Maryland: Delta 8 products may not be shipped in and out of the state, as delta 8 is strictly prohibited in the state, and therefore no products may be sold under any circumstances.
- Massachusetts: Delta 8 products may be shipped in and out of the state without any restrictions based on amount, concentration of delta 8 per product, or product type.
- Michigan: Delta 8 products may be shipped in and out of the state without any restrictions based on amount, concentration of delta 8 per product, or product type.
- Minnesota: Delta 8 products may be shipped in and out of the state without any restrictions based on amount, concentration of delta 8 per product, or product type.
- Mississippi: Delta 8 products may not be shipped in and out of the state, as delta 8 is strictly prohibited in the state, and therefore no products may be sold under any circumstances.
- Missouri: Delta 8 products may be shipped in and out of the state without any restrictions based on amount, concentration of delta 8 per product, or product type.
- Montana: Delta 8 products may not be shipped in and out of the state, as delta 8 is strictly prohibited in the state, and therefore no products may be sold under any circumstances.
- Nebraska: Delta 8 products may be shipped in and out of the state without any restrictions based on amount, concentration of delta 8 per product, or product type.
- Nevada: Delta 8 products may not be shipped in and out of the state, as delta 8 is strictly prohibited in the state, and therefore no products may be sold under any circumstances.
- New Hampshire: Delta 8 products may not be shipped in and out of the state, as delta 8 is strictly prohibited in the state, and therefore no products may be sold under any circumstances.
- New Jersey: Delta 8 products may be shipped in and out of the state without any restrictions based on amount, concentration of delta 8 per product, or product type.
- New Mexico: Delta 8 products may be shipped in and out of the state without any restrictions based on amount, concentration of delta 8 per product, or product type.
- New York: Delta 8 products may not be shipped in and out of the state, as delta 8 is strictly prohibited in the state, and therefore no products may be sold under any circumstances.
- North Carolina: Delta 8 products may be shipped in and out of the state without any restrictions based on amount, concentration of delta 8 per product, or product type.
- North Dakota: Delta 8 products may not be shipped in and out of the state, as delta 8 is strictly prohibited in the state, and therefore no products may be sold under any circumstances.
- Ohio: Delta 8 products may be shipped in and out of the state without any restrictions based on amount, concentration of delta 8 per product, or product type.
- Oklahoma: Delta 8 products may be shipped in and out of the state without any restrictions based on amount, concentration of delta 8 per product, or product type.
- Oregon: Delta 8 products may not be shipped in and out of the state, as delta 8 is strictly prohibited in the state, and therefore no products may be sold under any circumstances.
- Pennsylvania: Delta 8 products may be shipped in and out of the state without any restrictions based on amount, concentration of delta 8 per product, or product type.
- Rhode Island: Delta 8 products may not be shipped in and out of the state, as delta 8 is strictly prohibited in the state, and therefore no products may be sold under any circumstances.
- South Carolina: Delta 8 products may be shipped in and out of the state without any restrictions based on amount, concentration of delta 8 per product, or product type.
- South Dakota: Delta 8 products may be shipped in and out of the state without any restrictions based on amount, concentration of delta 8 per product, or product type.
- Tennessee: Delta 8 products may be shipped in and out of the state without any restrictions based on amount, concentration of delta 8 per product, or product type.
- Texas: Delta 8 products may be shipped in and out of the state without any restrictions based on amount, concentration of delta 8 per product, or product type.
- Utah: Delta 8 products may not be shipped in and out of the state, as delta 8 is strictly prohibited in the state, and therefore no products may be sold under any circumstances.
- Vermont: Delta 8 products may not be shipped in and out of the state, as delta 8 is strictly prohibited in the state, and therefore no products may be sold under any circumstances.
- Virginia: Delta 8 products may be shipped in and out of the state without any restrictions based on amount, concentration of delta 8 per product, or product type.
- Washington: Delta 8 products may not be shipped in and out of the state, as delta 8 is strictly prohibited in the state, and therefore no products may be sold under any circumstances.
- West Virginia: Delta 8 products may be shipped in and out of the state without any restrictions based on amount, concentration of delta 8 per product, or product type.
- Wisconsin: Delta 8 products may be shipped in and out of the state without any restrictions based on amount, concentration of delta 8 per product, or product type.
- Wyoming: Delta 8 products may be shipped in and out of the state without any restrictions based on amount, concentration of delta 8 per product, or product type.
Where To Buy Delta 8 Products In Your State
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Bottom Line: Delta 8 THC is Federally Legal to Ship, But You Still Need to Check with Your State
As you can see, 30 states out of 50 permit the shipping of delta 8 products, and those are the same states that have not banned delta 8 THC overall from being sold in their state. And, while this list is the most up to date, we want to remind you that state laws can change suddenly, which is why you’ll want to check in with your state’s laws from time to time. You can also read our Delta 8 THC: Where Is It Legal? State By State List.