So Far, 19 States Have Banned Delta-8 THC and More Are Trying. Is Your State Next?

Oct 29, 2021

If you are a fan of Delta-8 THC, then the recent headlines have to be a little unnerving. Everywhere you go all you hear are people talking about Delta-8 — and not in a good way. News reports say Delta-8 THC is unsafe for consumption, cannabis experts claim that “synthetic” Delta-8 THC will destroy the legal cannabis market, and even the Food and Drug Administration and the Centers for Disease Control and Prevention are putting out statements about the safety and efficacy of this new and novel cannabinoid.

It’s enough to make anyone need some Delta-8 THC right now, just so they can relax.


And, on top of it all, state after state after state is starting to ban Delta-8. To date, as of October 2021, 19 states have enacted restrictions, regulations, or outright bans on Delta-8 THC — and this is a cannabinoid that is, by all accounts, federally legal. 

It comes as shock to just about everyone that Delta-8 THC is legal, but it is. After all, we’re so used to everything fun and worthwhile being illegal. But, thanks to the Farm Bill of 2018, we all, technically have the right to feel the buzz. Of course, the DEA is not a fan of the current situation. Last year they issued what’s called an interim final rule trying to bring the farm bill in line with the Controlled Substances Act so they could ban cannabinoids like Delta-8 and Delta-10 THC.

“Within this final rule, the DEA stated all ‘synthetically-derived tetrahydrocannabinols remain schedule I controlled substances.’ Why is this significant and how is it related to delta-8? Well, in order for companies to have enough delta-8 THC in their products, it must be converted from cannabidiol (CBD) via a structural isomerization process conducted under laboratory conditions,” wrote the site Oracle.

“This isomerization process takes CBD, alters its molecular structure, and turns it into delta-8. Since it’s produced by chemical or biochemical synthesis and not sourced straight from the hemp plant itself, the DEA believes delta-8 is a synthetic substance,” the site continued.

But the thing is, Delta-8 THC isn’t synthetic. In fact, it’s an all-natural, hemp-derived cannabinoid made from CBD.  So yes, it is still a legal gray area which means the DEA will continue to push to make all Delta-8 illegal. 

But, for the most part, recent concerns over Delta-8 THC, including news headlines about its safety and efficacy are all fearmongering. The truth of the matter is that Delta-8 THC is completely and utterly safe for use. And yet, states continue to restrict its use, or even try to outright ban it.

As of October 2021, Delta-8 THC laws in the United States are spreading like wildfire. Delta-8 is one of the most popular cannabinoids to hit the market in years. In fact, here at CBD Mall, we’ve infused Delta-8 THC into a slew of new products. That’s right, today we offer a whole lineup of Delta-8 products including, Delta-8 Gummies, Delta-8 Vapes, Delta-8 Oils, Delta-8 Capsules, Delta-8 Candies, and so much more. 

Unfortunately, not everyone can enjoy them. So let’s see where they’re banned, and where they’re not.


So Far, 19 States Have Banned Delta-8 THC and More Are Trying. Is Your State Next?


What States Banned Delta-8 THC and What States Didn’t?

Is your state on the no-fly list, so to speak, or are you still one of the lucky Americans who can enjoy Delta-8 THC whenever, and wherever you please? Heck, why are these states even doing this in the first place? As one web site noted, the reasons are complex, and not all that straightforward.

“The reason why several U.S. states are restricting or banning delta-8 is the result of confusing, conflicting, and unclear federal guidelines. This confusion pushed delta-8 into a legal grey area. Were delta-8 users consuming a potentially illegal substance? Were delta-8 producers creating a controlled substance? Were delta-8 vendors selling prohibited products? These questions had vague answers,” writes Oracle.

So, let’s see the list.


So Far, 19 States Have Banned Delta-8 THC and More Are Trying. Is Your State Next?


So far, 19 states have enacted restrictions or bans on Delta-8 THC

  • Alaska
  • Arizona
  • Arkansas 
  • Colorado
  • Delaware
  • Kentucky 
  • Idaho 
  • Iowa
  • Mississippi 
  • Montana
  • New York
  • Rhode Island
  • Utah
  • Vermont
  • Washington
  • Michigan 
  • North Dakota
  • Connecticut
  • Texas 

There are 4 states reviewing the status of Delta-8 THC

  • Alabama
  • Illinois
  • Oklahoma 
  • Oregon 

In 27 states and 1 district you can legally purchase Delta-8 THC

  • California
  • Nevada
  • Wyoming 
  • New Mexico
  • South Dakota
  • Nebraska
  • Kansas
  • Minnesota 
  • Missouri 
  • Louisiana 
  • Wisconsin 
  • Indiana
  • Tennessee 
  • Ohio
  • Georgia
  • Florida
  • West Virginia
  • Virginia
  • North Carolina
  • South Carolina
  • Washington DC
  • Maryland
  • Pennsylvania 
  • New Jersey
  • Maine
  • New Hampshire
  • Massachusetts
  • Hawaii


So Far, 19 States Have Banned Delta-8 THC and More Are Trying. Is Your State Next?


Where Do We Go From Here With Delta-8 THC?

The big question that remains is what do we do now? Do we sit back and wait for every state to ban Delta-8 THC? Will a time come when Delta-8 is finally made illegal at the federal level? The truth of the matter is, sitting back and doing nothing isn’t the answer. If you love Delta-8 Thc products — gummies, vapes, capsules, candies — then you need to show the government how you feel.

And that’s exactly what one businessman in Texas is doing. According to KHOU 11 News a Houston-based CEO who owns a slew of vape shops is suing the state’s health department following a ban on Delta-8. 

“Sheikhani Group, we’ll survive somehow, but what’s gonna happen to other stores, other small businesses who took the loan from the bank?” the CEO asked KHOU 11 News. “How are they gonna survive, (a retailer) who has one store, two stores, three stores?”

“Obviously it’s a tax revenue that will be lost, and most importantly, where do these products go?” said his attorney to reporters. “To the black market?”

Still, it promises to be an uphill battle. Texas officials claim that Delta-8 has actually been illegal for 40 years in the state, something that seems a bit out there to us. But we’ll be keeping an eye on this one. In the meantime, keep fighting for your right to enjoy Delta-8 THC. And don’t forget to try Active CBD too, a great alternative for when Delta-8 THC is out of reach!