Are Delta-8 and HHC Legal in your State?

Are Delta-8 and HHC Legal in your State?

As there is a growing amount of cannabinoids (natural or lab-made) in the hemp industry, it is important to keep track of them all and note the different effects they may have on people. As we mostly focus on CBD here at Green Planet, we also strive to grow our reach as much as possible by providing a wider range of products to people across the USA. 

Let’s dive in to two brand new compounds that are taking the CBD wellness world by storm - Delta-8 THC and HHC. to get a better understanding of what these are as well as their legality where you may live, let’s first explain exactly what they are and what you can expect to feel when consuming them.

Delta-8 THC (known by the scientific name Delta-8-tetrahydrocannabinol) is an isomer of THC, a natural compound found in very small amounts in the hemp plant that provides a “high” effect that is typically associated with marijuana. Although Delta-8 THC is a psychoactive ingredient, it is a lot milder than pure THC or Delta-9 THC (another isomer we will talk about at another time). You can expect to possibly feel an uplifting experience when consuming Delta-8, some users even report a “floating” kind of sensation. There are also potential relaxation and pain relief benefits associated with Delta-8 THC and it is described as the better option for those that seek a mild euphoric effect without a full “high”. 

HHC (also known as Hexahydrocannabinol) is different from THC as it has an added Hydrogen molecule. As it does occur naturally in very small amounts, nowadays HHC is typically created synthesized in a controlled environment and infused with carriers such as oils or gummies. Although HHC has shown to have a euphoric effect for many consumers, it is even more mild than Delta-8. You can expect to possibly experience an uplifting feeling while still staying completely aware of your surroundings as the “high” is not at all at full effect. When dosed properly, it can give you a relaxing and mood-lifting experience.

Both Delta-8 and HHC can show up on a drug test. If you are in risk of getting drug tested for any reason, we advise you refrain from consuming products that include Delta-8 and/or HHC.

Now that we have a better understanding of what Delta-8 and HHC are, it’s time to get to the real-talk. Are they legal in your state? Well, federally, both Delta-8 and HHC are legal as they are both hemp-derived products with less than 0.3% THC (as stated in the 2018 Farm Bill). However, there are many states that either regulate them as a controlled substance or have banned them altogether and do not allow sales of related products within their statelines. Below you will find a list of states with an explanation of the legality of both Delta-8 and HHC for each one of the states. We advise you to read through the list carefully to find out if the state you live in allows you to purchase products that contain Delta-8 and/or HHC.

  1. Alabama - As of 2021, Delta-8 and Delta-10 products were removed from a previous ban in the state and are now completely legal. HHC is also 100% legal in the state of Alabama.
  2. Alaska - Although recreational cannabis is legal, the stae of Alaska has banned all other forms of THC. All hemp-derived products are also still illegal unless you are an authorized consumer under the industrial hemp pilot program. As for HHC, there is currently no known law banning or approving HHC for consumption and it is therefore “likely legal”. We would advise against it, just to make sure. 
  3. Arizona - Delta-8 is completely illegal in the state of Arizona as is HHC since both compounds are derived from marijuana (as well as hemp).
  4. Arkansas - Hemp-derived products are legal in the state of Arkansas, which includes Delta-8. However, the law specifically notes that HHC is not legal.
  5. California -  Although strictly regulated throughout the state of California, hemp-derived products including HHC and/or Delta-8 are legal to purchase. 
  6. Colorado - All processes that include chemical conversion or changes to cannabinoid are illegal in Colorado, making Delta-8 and HHC illegal for purchase and production.
  7. Connecticut - Both HHC and Delta-8 are legal but can only be purchased from a licensed cannabis retailer. 
  8. Delaware - All psychoactive compounds derived from marijuana (THC and its isomers) are completely illegal in the state of Delaware.
  9. Florida - Compounds derived from hemp are currently completely legal in the state of Florida, including HHC and Delta-8.
  10. Georgia - Due to a bill that was passed in 2019, hemp and hemp-derived products were broadly legalized, making Delta-8 and HHC legal to produce and purchase. 
  11. Hawaii - When it comes to HHC, there are no laws prohibiting or allowing the use of HHC, however due to the strict regulations over hemp-derived products it is most likely that HHC isn’t legal. Delta-8 is legal but only in certain state of consumption. All edible and inhalable products are prohibited, which pretty much only leaves the consumers with a topical option. 
  12. Idaho - All forms of THC and hemp-derived products (besides pure CBD isolate) are completely illegal in the state of Idaho, including Delta-8 and HHC.
  13. Illinois - As of January 2023, Delta-8 is still currently legal for production and purchase in the state of Illinois (in-store only) while HHC is not legal for production and purchase in the state itself but can be purchased online from out-of-state manufacturers. 
  14. Indiana - When derived entirely from hemp, both HHC and Delta-8 are legal in the state of Indiana, except in form of smokable products. 
  15. Iowa - No specific law bans Delta-8 or HHC so it is currently unclear if either of these cannabinoids are legal there or not.
  16. Kansas - Both HHC and Delta-8 are legal in Kansas, in line with Federal law. 
  17. Kentucky - Delta-8 and HHC are both 100% legal in Kentucky as of January 2023. 
  18. Louisiana - HHC and Delta-8 are both legal in the state of Louisiana however inhalable products such as vapes and flowers are banned as are servings with over 8mg of THC due to a bill passing in 2022.
  19. Maine- All hemp-derived products are legal, including HHC and Delta-8.
  20. Maryland - HHC and Delta-8 are legal in the state of Maryland as long as they are hemp-derived. 
  21. Massachusetts - As of January 2023, Delta-8 and HHC are still legal in the state of Massachusetts, although there are signs of this law changing soon. 
  22. Michigan - Delta-8 and HHC are regulated the same way as recreational marijuana in the state of Michigan and can therefore only be purchased from a licensed marijuana retailer. 
  23. Minnesota - 2022 was a year of many new hemp-related regulations for Minnesota as it passed a bill that limits hemp-derived products to contain no more than 0.3% of any type of THC which would include HHC and Delta-8. The new bill also states that hemp-derived edibles may not contain more than 5mg of THC per serving. We can deduce from this bill that both Delta-8 and HHC are legal but in very limited quantities.
  24. Mississippi - Although somewhat in the grey area due to lack of specific definition between hemp and marijuana, both HHC and Delta-8 are currently legal in the state of Mississippi. 
  25. Missouri - The state of Missouri is in line with the Federal Farm Bill, therefore Delta-8 and HHC are both 100% legal. 
  26. Montana - The laws and regulations in the state of Montana specifically mention Delta-8 as a controlled substance but do not state anything regarding HHC which means that the latter may be legal while Delta-8 is not. 
  27. Nebraska - Standing in line with Federal law, both HHC and Delta-8 are legal in the state of Nebraska.
  28. Nevada - HHC is currently not on the banned compounds list and is therefore in the grey when it comes to legality. Delta-8 however is specifically mentioned in this list and is banned in the state of Nevada.
  29. New Hampshire - The state of New Hampshire follows Federal law which leads to Delta-8 and HHC both being entirely legal. 
  30. New Jersey - Both Delta-8 and HHC are legal in the state of New Jersey, in accordance with Federal law. 
  31. New Mexico - As long as THC levels stay below 0.3%, HHC and Delta-8 products are legal in the state of New Mexico.
  32. New York - Although HHC is not stated specifically, New York state has banned isomerization of hemp cannabinoid products in 2021. This includes Delta-8 and Delta-10. It is to be expected that HHC will soon join the list of illegal substances.
  33. North Carolina - In accordance with Federal law, HHC and Delta-8 are both legal in the state of North Carolina.
  34. North Dakota - The new definition of THC as of 2021 includes Delta-8 and therefore leads to it being illegal. There are no clear laws regarding HHC at the moment. 
  35. Ohio - Delta-8 and HHC are both legal in the state of Ohio.
  36. Oklahoma - Delta-8 and HHC are both currently legal in the state of Oklahoma as the state law specifically states the difference between Delta-8 and Delta-10 from marijuana.
  37. Oregon - Although being one of the most cannabis-friendly states, Oregon has banned both HHC and Delta-8 as it has outlawed all artificially derived cannabinoids. 
  38. Pennsylvania - Both HHC and Delta-8 are legal in the state of Pennsylvania as long as they have less than 0.3% THC.
  39. Rhode Island - HHC is legal to purchase out of state however illegal to produce. Delta-8 is completely illegal in the state of Rhode Island.
  40. South Carolina - Since HHC is not mentioned in the regulation of the state of South Carolina, it is safe to deduce that it is legal. Delta-8 is also 100% legal in South Carolina.
  41. South Dakota - As long as it is derived from hemp, both HHC and Delta-8 are legal in the state of South Dakota. 
  42. Tennessee - In accordance with the Farm Bill of 2018, both Delta-8 and HHC are legal in the state of Tennessee.
  43. Texas - Despite multiple bills failing to pass, Delta-8 and HHC are still legal in the state of Texas. 
  44. Utah - All isomers of THC are prohibited in the state of Utah, which include Delta-8 and HHC.
  45. Vermont - State law prohibits use of synthetic cannabinoids, including Delta-8 and HHC, even when derived from hemp. However, when used in its natural state, HHC can be found in some products throughout the state of Vermont.
  46. Virginia - Mimicking Federal law, both HHC and Delta-8 are legal in Virgina with the exception of drinks and food that contain Delta-8. 
  47. Washington - As decided in 2021, Delta-8 is no longer legal to produce or sell in the state of Washington. However, there are not specific laws mentioned regarding HHC.
  48. West Virginia - All cannabis products must be registered with the state and are completely legal, including Delta-8 and HHC. 
  49. Wisconsin - All hemp-derived products, including HHC and Delta-8 are legal within the state of Wisconsin. 
  50. Wyoming - In line with Federal law, Delta-8 and HHC are both legal in the state of Wyoming as are all other hemp-derived products containing less than 0.3% THC.

*Washington D.C. - As the capital of the United States of America, the District of Columia abides by Federal law and allows Delta-8 and HHC to be manufactured and sold within its city limits. 

To conclude, we strongly advise that you read the restrictions of your state carefully before purchasing a product with either Delta-8 or HHC to ensure that you are abiding by the regulations made in the state you live in.

*Disclaimer - you should not drive or operate any motorized vehicle or machinery when consuming a Delta-8 or HHC product. 

Back to blog

Leave a comment

Please note, comments need to be approved before they are published.