Delta 8 Edibles: A Legal Breakdown

Delta 8 edibles have been steadily growing in popularity for years, and it’s no secret that recreational and medical users often flock to the compound for rest, relaxation, and many more of its properties.

But some think that clarification is needed on where delta 8 stands in the country’s legal landscape. So, is delta 8 legal in all its forms, including delta 8 edibles? Read on to find out where your state stands!

Are Delta 8 Edibles Federally Legal?

The passing of the Farm Bill in 2018 revolutionized the hemp industry in the United States. Also known as the Agriculture Improvement Act, the piece of legislation made waves in the cannabinoid market and country’s legal stage for many reasons, but let’s go over the most important.

An essential distinction made by the Farm Bill was the differentiation between hemp and marijuana. Although both are types of cannabis with a strikingly similar scientific nature, the legislation created a definitive and legal distinction between the two plants: hemp defines cannabis plants containing less than 0.3% THC on a dry-weight basis, while any cannabis plant containing over 0.3% is now classified as marijuana.

More importantly, the Farm Bill legalized hemp and all of its derivatives, including cannabinoids like delta 8. This means that as long as delta 8 edibles are made from hemp-derived delta 8 containing less than 0.3% THC, they are 100% federally legal to sell, purchase, use, and possess.

Although federal legislation places hemp as legal in the nation, some states disagree with its legality, and they have taken steps to ban or heavily restrict delta 8 within state lines.

Are Delta 8 Edibles Legal in My State?

Although hemp-derived compounds like delta 8 are federally legal, making products like delta 8 edibles also legal isn’t the case in every state across the nation.

Delta 8 is available in 29 states and the District of Columbia. These states include:

  • Alabama
  • Arizona
  • Arkansas
  • Florida
  • Georgia
  • Hawaii
  • Illinois
  • Indiana
  • Kansas
  • Kentucky
  • Maine
  • Massachusetts
  • Mississippi
  • Missouri
  • Nebraska
  • New Hampshire
  • New Jersey
  • New Mexico
  • North Carolina
  • Ohio
  • Oklahoma
  • Pennsylvania
  • Tennessee
  • Texas
  • Virginia
  • Washington
  • West Virginia
  • Wisconsin
  • Wyoming

While the majority of states and Washington DC seem to agree with federal law, 21 other states have decided to take matters into their own hands and have placed bans, restrictions, and regulations on the cannabinoid.

States Where Delta 8 is Fully Prohibited States Where Delta 8 is Regulated







New York

North Dakota

Rhode Island

South Carolina









South Dakota


Where to Buy Delta 8 Edibles

If delta 8 is legal in your state, your best bet is buying delta 8 products online, including delta 8 edibles.

CBD Mall offers hundreds of delta 8 edibles, including delta 8 gummies, oils, chocolates, and salty snacks. With dozens of flavors, potencies, and leading cannabinoid brands to choose from, you’ll find something for everyone at this one-stop-delta-8-shop.

But CBD Mall isn’t just about variety; they offer high-quality, third-party lab-tested cannabinoids made from organic, GMO-free hemp. They provide delicious, professional-grade treats that’ll have you buzzing without worrying about contaminants, impurities, or harmful additives.

A Legal Breakdown on Delta 8 Edibles: Final Thoughts

As long as they are made from hemp-derived delta 8 containing less than 0.3% THC, delta 8 edibles are legal at the federal level following the passing of the Farm Bill in 2018. While they remain legal in most states and the District of Columbia, not all states agree with the federal government’s stance on the subject.

Delta 8 is fully prohibited in 12 states and heavily regulated in 9 others, but remains freely legal in 29 states and the state’s capitol.

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