Where Is Delta 8 Flower Actually Legal

Delta 8 THC flower offers a means for us to get high off of cannabis flower, without weed, which remains illegal in most states across the country.  Delta 8 flower is simply raw hemp flower buds that have been infused with the distillate extract of delta 8 THC, a cannabinoid slightly milder than delta 9, and known for being extremely soothing.

But, of course, many people are going to wonder if delta 8 flower is even legal.  After all, it’s a psychoactive product that has a lot in common with marijuana.  Let’s look at both federal law and state law to find out if delta 8 flower is legal where you live.

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Is Delta 8 Flower Legal Under United States Federal Law?

All delta 8 products are considered legal under federal law, and so they can legally be purchased and sold without any restrictions on purchase or possession amount.  Ultimately, delta 8 flower complies with the Farm Bill of 2018, which legalized all hemp derivatives containing a maximum of 0.3% delta 9 THC.  Even though delta 8 is intoxicating, it’s classified as a different cannabinoid.

Is Delta 8 Flower Legal in Every State?

While delta 8 flower is federally legal, it is not, in fact, legal in all 50 states.  Some states have created a law banning products with delta 8 THC, so let’s take a look at what each state has to say below.

• Alabama: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  In Alabama, medical marijuana is also legal for qualifying patients, and possession of small amounts of marijuana has been decriminalized.
• Alaska: Delta 8 flower products are considered illegal.  This means it’s not legal for businesses to carry Delta 8 flower products.  And, online businesses are banned from shipping Delta 8 flower products to your home.  At the same time, both medical and recreational cannabis use are legal in the state.
• Arizona: Delta 8 flower products are considered illegal.  This means it’s not legal for businesses to carry Delta 8 flower products.  And, online businesses are banned from shipping Delta 8 flower products to your home.  However, Arizona does permit sales of both recreational and medical marijuana.
• Arkansas: Delta 8 flower products are considered illegal.  This means it’s not legal for businesses to carry Delta 8 flower products.  And, online businesses are banned from shipping Delta 8 flower products to your home.  Recreational marijuana is also prohibited in the state, although the state does offer a medical marijuana program to qualifying patients.
• California: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  And, marijuana is legal both for recreational and medicinal use.
• Colorado: Delta 8 flower products are considered illegal.  This means it’s not legal for businesses to carry Delta 8 flower products.  And, online businesses are banned from shipping Delta 8 flower products to your home.  Meanwhile, marijuana is legal, both recreationally and medicinally.
• Connecticut: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  And, the state permits sales of recreational and medical marijuana.
• Delaware: Delta 8 flower products are considered illegal.  This means it’s not legal for businesses to carry Delta 8 flower products.  And, online businesses are banned from shipping Delta 8 flower products to your home.  Recreational marijuana is illegal, although the state decriminalized small amounts of possession, and does maintain a medical marijuana program for qualifying patients.
• Florida: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  The state also maintains legal medical marijuana for qualifying patients, but recreational use is strictly banned.
• Georgia: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  Recreational marijuana is still prohibited in the state, although qualifying patients can purchase medical marijuana.
• Hawaii: Delta 8 flower products are considered illegal.  This means it’s not legal for businesses to carry Delta 8 flower products.  And, online businesses are banned from shipping Delta 8 flower products to your home.  The state recently decriminalized small possession amounts of marijuana, and maintains a medical marijuana program, although recreational marijuana is prohibited.
• Idaho: Delta 8 flower products are considered illegal.  This means it’s not legal for businesses to carry Delta 8 flower products.  And, online businesses are banned from shipping Delta 8 flower products to your home.  The state also prohibits any hemp product that contains more than 0% THC, and both recreational and medical use are banned.
• Illinois: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  The state also permits sales of marijuana for both recreational and medicinal use.
• Indiana: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  The state’s cannabis laws are otherwise strict, with both recreational and medical marijuana banned.
• Iowa: Delta 8 flower products are considered illegal.  This means it’s not legal for businesses to carry Delta 8 flower products.  And, online businesses are banned from shipping Delta 8 flower products to your home.  As for marijuana laws, only medical marijuana is permitted for qualifying patients as recreational use is banned.
• Kansas: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  Meanwhile, both recreational and medical marijuana use are banned.
• Kentucky: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  Recreational marijuana remains illegal, and medical marijuana only became legalized in February of 2022, with no legal framework existing yet, meaning that medical patients cannot yet make marijuana purchases.
• Louisiana: Delta 8 flower products are considered illegal.  This means it’s not legal for businesses to carry Delta 8 flower products.  And, online businesses are banned from shipping Delta 8 flower products to your home.  Medical marijuana is legal for qualifying patients, and recreational use remains illegal.
• Maine: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  The state also permits sales of both medical and recreational marijuana.
• Maryland: Delta 8 flower products are considered illegal.  This means it’s not legal for businesses to carry Delta 8 flower products.  And, online businesses are banned from shipping Delta 8 flower products to your home.  When it comes to marijuana, medical patients can make purchases, but not recreational users. 
• Massachusetts: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  And, both recreational and medical marijuana is legal.
• Michigan: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  The state also legalized both recreational and medical marijuana.
• Minnesota: Delta 8 flower products are considered illegal.  This means it’s not legal for businesses to carry Delta 8 flower products.  And, online businesses are banned from shipping Delta 8 flower products to your home.  As for marijuana laws, medicinal use is permitted, but recreational is not. 
• Mississippi: Delta 8 flower products are considered illegal.  This means it’s not legal for businesses to carry Delta 8 flower products.  And, online businesses are banned from shipping Delta 8 flower products to your home.  Mississippi permits medical marijuana sales, but has very strict requirements for qualification, while recreational use is very much illegal.
• Missouri: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  When it comes to marijuana, only medical use is permitted for qualifying patients.
• Montana: Delta 8 flower products are considered illegal.  This means it’s not legal for businesses to carry Delta 8 flower products.  And, online businesses are banned from shipping Delta 8 flower products to your home.  And, recreational use of marijuana was recently legalized, while the state has maintained a medical marijuana program.
• Nebraska: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  And, only in July of 2022 did the state finally approve a medical marijuana program, while recreational marijuana use is still illegal.
• Nevada: Delta 8 flower products are considered illegal.  This means it’s not legal for businesses to carry Delta 8 flower products.  And, online businesses are banned from shipping Delta 8 flower products to your home.  The state does permit sales of both recreational and medical marijuana as well.
• New Hampshire: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  Recreational marijuana use remains illegal in the state, but medical use for qualifying patients is permitted, and small possession amounts have been decriminalized.
• New Jersey: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  The state has legalized both recreational and medical marijuana use.
• New Mexico: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  Meanwhile, both recreational and medical marijuana are permitted in the state.
• New York: Delta 8 flower products are considered illegal.  This means it’s not legal for businesses to carry Delta 8 flower products.  And, online businesses are banned from shipping Delta 8 flower products to your home.  Meanwhile, New York has recently legalized recreational marijuana, and does maintain a medical marijuana program for qualifying residents.
• North Carolina: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  Recreational marijuana, meanwhile, is illegal in the state, and for now, qualifying medical patients cannot purchase marijuana products containing more than 0.6a10a% THC.
• North Dakota: Delta 8 flower products are considered illegal.  This means it’s not legal for businesses to carry Delta 8 flower products.  And, online businesses are banned from shipping Delta 8 flower products to your home.  While North Dakota allows for medical marijuana sales, recreational sales are completely illegal.
• Ohio: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  As for marijuana, medical sales for qualifying patients are permitted, and small possession amounts have been decriminalized, although recreational use remains prohibited.
• Oklahoma: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  The state permits medical marijuana sales to qualifying patients, but recreational marijuana is still illegal.
• Oregon: Delta 8 flower products are considered illegal.  This means it’s not legal for businesses to carry Delta 8 flower products.  And, online businesses are banned from shipping Delta 8 flower products to your home.  But, both medical and recreational marijuana sales are allowed.
• Pennsylvania: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  The state, meanwhile, prohibits recreational marijuana sales, but does maintain a medical marijuana program.
• Rhode Island: Delta 8 flower products are considered illegal.  This means it’s not legal for businesses to carry Delta 8 flower products.  And, online businesses are banned from shipping Delta 8 flower products to your home.  At the same time, recreational and medical marijuana is legal in the state.
• South Carolina: Delta 8 flower products are considered illegal.  This means it’s not legal for businesses to carry Delta 8 flower products.  And, online businesses are banned from shipping Delta 8 flower products to your home.  Delta 8 flower products can be purchased as long as you’re of adult age.  The state also prohibits marijuana sales, both for recreational and medicinal use.
• South Dakota: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  At the same time, any hemp product containing more than 0% Delta 8 flower products is banned.  The state allows medical marijuana sales for qualifying patients, but does not permit recreational sales.
• Tennessee: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  The state is very strictly anti-marijuana, however, with neither medical nor recreational sales allowed.
• Texas: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  The state prohibits recreational marijuana, and qualifying medical marijuana patients can only buy products containing a maximum of 0.5% THC.
• Utah: Delta 8 flower products are considered illegal.  This means it’s not legal for businesses to carry Delta 8 flower products.  And, online businesses are banned from shipping Delta 8 flower products to your home.  Recreational marijuana is also illegal in the state, although qualifying patients may join the medical marijuana program.
• Vermont: Delta 8 flower products are considered illegal.  This means it’s not legal for businesses to carry Delta 8 flower products.  And, online businesses are banned from shipping Delta 8 flower products to your home.  Meanwhile, recreational and medical marijuana have been legal for years in the state.
• Virginia: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  The state also permits sales of marijuana for both medicinal and recreational use.
• Washington: Delta 8 flower products are considered illegal.  This means it’s not legal for businesses to carry Delta 8 flower products.  And, online businesses are banned from shipping Delta 8 flower products to your home.  The state allows sales of both medical and recreational marijuana.
• West Virginia: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  Meanwhile, medical marijuana is also legal for qualifying patients, although recreational use remains banned.
• Wisconsin: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  The state does not, however, allow for sales of marijuana, either for recreational or medical use, although low-THC cannabis oils are permitted for qualified patients who have epilepsy.
• Wyoming: Delta 8 flower products are legal.  There are no limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  Delta 8 flower products can be purchased as long as you’re of adult age.  The state, meanwhile, prohibits marijuana, both for recreational and medicinal use.

Guide For Using Delta 8 THC Legally

It goes without saying that if you’re going to buy and consume Delta 8 THC, you want to do so legally, and avoid buying a non-compliant product by mistake.  Here are some tips that will help you enjoy this new cannabinoid while complying with federal and state laws.

#1: Make Sure Your State Allows It

Like we said, Delta 8 THC may or may not be legal depending on the state you live in, and on top of that, state laws regarding hemp-derived psychoactives can change at any time.  So, always be certain that your state does permit you to purchase Delta 8 THC Flower.

#2: Make Sure It’s Hemp-Derived

Delta 8 THC flower is only legal if it is derived from the hemp plant, as marijuana remains a federally illegal substance.  Fortunately, you’re really unlikely to find marijuana-derived Delta 8 THC unless you’re shopping on the black market. At Bloomz, all of the Delta 8 THC products are 100% derived from hemp, and federally compliant overall.

#3: Look For A Lab Analysis

Always read the third-party lab report before buying an Delta 8 product.  All Delta 8 THC products, and hemp products in general, should be lab-tested by a state-authorized facility, and the lab reports should be made accessible to customers. 

Not only will this lab report show you whether or not the product is compliant with federal law but will also show you whether or not it contains impurities, how potent it is, which hemp-derived compounds are present in the formula and more.

#4: Find Out The Extraction Method Used

While the FDA has not banned certain cannabinoid extraction methods, some are safer than others, which is just as important as making sure that they’re legally compliant.  Both pure extraction methods (isolating Delta 8 THC in the plant) and isomerization methods (rearranging the molecules of legal hemp cannabinoids to convert them into Delta 8 THC) are generally acceptable extraction methods.

#5: Be Mindful Of Where And When You Use It

It may be legal to purchase Delta 8 THC flower in your state, but that may not mean you can use any Delta 8 THC product anywhere at any time.  For instance, you can still get into trouble for smoking Delta 8 flower in places where smoking and vaping are prohibited.

Can Delta 8 THC Result In A Failed Drug Test?

Now, let’s get back into the practicalities regarding Delta 8 THC.  One question that we’ve been getting ever since CBD hit the scene is whether or not hemp can cause you to fail a drug test.  Well, here’s where it gets interesting.  Hemp as a whole, in the form of flower or full spectrum hemp, will not usually cause a failed drug test. 

This is because the amount of Delta 8 THC, including both delta 10, delta 9, and other Delta’s is so low in hemp that it won’t even register. However, Delta 8 THC may be a different story, and it is possible Delta 8 THC products will trigger a drug test. That we know. 

However, the interesting thing about Delta 8 THC is that it is not Delta 9 THC, and is therefore should not show up on a Delta 9 drug test. Although, depending on the concentration and if there is Delta 9 on the formula Delta 8 THC will actually show up as a fail on a drug test. The same way as Delta 9 products. 

Where To Buy Delta 8 THC Flower & Products In Your State

The best place to buy Delta 8 THC and Delta 8 products is from Bloomz, one of the largest and best Delta 8 THC brands that has a wide variety of  Delta 8 THC flower, Delta 8 Gummies and Delta 8 Tinctures for you to enjoy. Binoid has 1000s of five star reviews for Bloomz products that people are loving. 

The FDA’s Role In Delta 8 THC

Presently, the FDA has not yet regulated hemp products, even though they are legal.  What this means is that there could come a time when the FDA creates its own guidelines on FDA that are technically not part of state or federal law.  At the moment, hemp products are sold in an unregulated market, which means that companies can essentially do whatever they want when producing hemp-based goods. 

This is largely why we have such an enormous selection of product types to choose from when looking for CBD and other hemp derivatives. This means that for the time-being, you can legally buy Delta 8 THC products (assuming that it is legal in your state) that has not been created with industry regulations. 

This is a good thing in that it gives us a wider variety of products to choose from.  But, it also means that you have to be careful when making a purchase, to know for a fact that what you are getting is not just legitimate, but also high in quality and free of impurities and toxic substances that dilute the product formula.

How Delta 8 THC Products Are Made

To take the hemp plant and produce Delta 8 THC products from Delta 8 concentrate, companies can choose a few different ways.  

Method #1: Extraction

Manually isolating the Delta 8 THC compound from the hemp’s composition and extract it to create a concentrate.  As you can imagine, extracting a compound that is present in less than 0.1 percent of the plant’s entire makeup is tedious and expensive, because an enormous amount of plant material must be used to produce a fair amount of extract.

Method #2: Rearranging Compounds

Becoming increasingly popular and a bit more complex, although less expensive overall.  Delta 8 is an isomer of cannabidiol (CBD).  This means that the molecules in each compound have the same atoms, only they are organized differently.  Companies have found ways to rearrange these atoms in order to turn cannabidiol compounds into delta 8 compounds. 

What’s unique about this process is that it’s also much more “sound” in terms of its legality.  CBD is known to be a largely safe substance, and by using molecular chemistry to turn it into delta 8, you’re helping to break the association to delta 9 THC.

Can Delta 8 THC Be Discovered On A Lab Test By Law Enforcement?

Another concern that many have is that Delta 8 THC may be read if analyzed by a lab.  Let’s say a cop pulls you over and discovers your Delta 8 vape oil.  Then, they confiscate it and test it to see whether or not it’s legal.  Again as stated before, because Delta 8 THC and Delta 8 products are not Delta 9 THC products, that means it will likely not spike anything on a drug test.

For now, it looks like you can carry Delta 8 THC vape cartridges and other products without worry. However, this does not mean using the products irresponsibility. Still do not operate machinery after taking Delta 8 THC. 

Delta 8 Flower is Federally Legal, But Banned in Certain States 

Delta 8 flower products are considered totally legal under federal law, but the product type is still banned in a number of states.  While cannabis laws have been changing a lot lately in different states, a state in which it’s currently illegal may legalize it in the near future, and vice versa.  So, consider checking up on your state’s hemp laws regularly to see whether or not delta 8 flower products remain legal or illegal where you live, because you never know what future legislation has in store.

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