where is delta-9 illegal

Where is Delta-9 Illegal?

As of 2024, Delta-9 is legal in some states and illegal in others. The laws around Delta-9 products are changing rapidly due to the substance's rise of popularity. The Delta-9 compound is a THC derived cannabidiol. Since Delta-9 is technically federally illegal, it can make it confusing to understand which states the product is recreationally legal in.

Key takeaways

  • As of February 2024, some states have begun to outright ban the sale of all Delta-9 products, while some have started to enforce an “over 21” age limit on all purchasing consumers.
  • States are rapidly changing their stance on the legalities of the sale of Delta-9, Delta-8, and Delta-10 products.

States where Delta-9 is legal

As of 2024, here are the states where Delta-9 products are legal:

  • 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*

As of 2024, note that the * beside the state’s name means they’ve instituted age restrictions, preventing anybody aged 21 or under from buying Delta-9. States marked with (?) are currently involved in legal action about the status of Delta-9.

As of November 2023, a number of states are beginning to ban the sales of Delta-8 or Delta-9 products outright.

States where Delta-9 is illegal

Some states have made a fairly clear stance on the substance. Delta-9 would be considered illegal in the following states:

  • Alaska
  • Colorado
  • Delaware
  • Idaho
  • Iowa
  • Montana
  • New York
  • Nevada
  • North Dakota
  • Oregon
  • Rhode Island
  • Vermont
  • Utah
  • Washington

Why are these laws changing so quickly? 

Delta-9’s legality is intricate, influenced by both federal and state regulations. Federally, Delta-9 “THC” from hemp is legal and unregulated under the 2018 Farm Bill. However, the FDA hasn't assessed or approved any Delta-9 THC products, citing potential health risks. There is a healthy amount of debate by both the state and federal level as to whether the product should be considered a “controlled substance” under The Controlled Substances Act.

State regulations on Delta-9 differ, with some states banning products containing it, while federal laws like the Controlled Substances Act focus on controlled substances. The DEA enforces these federal regulations. It's crucial to check your state laws before buying Delta-9 products to stay compliant and avoid legal issues.

Related "Delta" resources

Other resources related to Delta-8, Delta-9, and Delta-10:

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