Delta-8 THC is legal to sell at retail in 3 states, restricted in 14, in a gray area in 2 and illegal in 32. Federal: federal gray area. Verified through October 25, 2026.
Select a state on the map or in the list for the controlling law, verbatim.
Delta-8 tetrahydrocannabinol, typically converted from hemp CBD. State exposure: named delta-8 bans, synthetic/converted-cannabinoid bans, total-THC definitions, and licensed-channel routing; federally rides the hemp definition until the P.L. 119-37 semi-synthetic cliff (Nov 12, 2026).
Federal gray area. Delta-8 THC - federally contested: hemp by plain text per the 9th and 4th Circuits, Schedule I on DEA's synthetic-conversion theory; exclude Federal detail and instruments
Pending deadlines
2026-11-12 · MO · Intoxicating Cannabinoid Control Act, RSMo 195.900 (HB 2641 (2026)) Tier 1 (195.900.11(1)(a)) becomes marijuana-only, no contingency: synthesized or non-natural cannabinoids (HHC, converted D8, THCP, EPN class), THCA smokable flower or bud, solid edibles with hemp D9 above natural plant concentration. Manufacturing, testing, transportation and retail sale reserved to Article XIV licensees statewide; $5,000 per unit sold plus class D felony; AG has primary enforcement. No grandfathering or sell-through. Zero-THC products (0.4 mg or less total THC per container, no synthesized cannabinoids) are outside the mandate per the State's litigation position, ambiguous on the literal text. See law text RSMo 195.900 in the state drawer.
2026-11-12 · IL · Illinois Hemp Act: 0.4 mg per container cap, total THC, smokable and vape hemp banned (SB 3222 (P.A. 104-463)) Nov 12, 2026: the Industrial Hemp Act is repealed and replaced. Hemp is measured by total THC including THCA (0.3% dry weight); a final hemp-derived product over 0.4 mg combined THC and similar cannabinoids per container is not hemp and is treated as cannabis; final consumer products cannot be intended for smoking or vaping; cannabinoids made outside the plant are excluded; lab testing, child-resistant packaging and a manufacturer license apply. 21+ has applied since June 12, 2026. This Illinois date does not move with the federal Dec 11 delay.
2026-12-11 · Federal · Federal hemp redefinition, Dec 11 piece: total THC 0.3% and 0.4 mg total THC per container (H.R. 6500 (Pub. L. 119-103) / Pub. L. 119-37 Sec. 781) Pub. L. 119-103 (continuing resolution, Sept 2, 2026) delayed the rest of the Pub. L. 119-37 sec. 781 hemp definition to Dec 11, 2026 (CRS IF13136, Sept 28, 2026): hemp is measured by total tetrahydrocannabinols including THCA (0.3% dry weight), and any final product over 0.4 mg combined total THC and cannabinoids with similar effects per container leaves hemp. A product that leaves hemp is marijuana, Schedule I, in every state.
Recent status changes
Illinois: Status changed from legal to restricted.
Nebraska: Status changed from illegal to restricted.
South Carolina: Status changed from illegal to restricted.
Oregon: Status changed from illegal to restricted.
Maryland: Status changed from illegal to restricted.
Alaska: Status changed from illegal to restricted.
Virginia: Status changed from illegal to restricted.
New Jersey: Status changed from illegal to restricted.
Compound Analytics. "Delta-8 THC Legality by State (2026): Map, Verbatim Law, Deadlines." Compound Laws, https://compoundlaws.com/compounds/d8/. Accessed October 25, 2026.
Compound Laws, published by Compound Analytics, reports the record: statutes verbatim, official citations, enforcement facts and verification dates. Nothing here is legal advice and nothing here describes how to get around a law. A jurisdiction with no verified row is reported as not yet verified, never as legal. Found an error? Corrections policy.