Why Do Some States Ban Delta 8 THC - Delta 8 Hemp

Why Do Some States Ban Delta 8 THC?

Delta 8 THC is not explicitly legal. Rather, the language in federal law creates a “gray area” that opened doors for sales. However, individual states chose to make the cousin of Delta 9 THC, the active ingredient in cannabis that makes people high, illegal. Interesting, several states where Delta 9 is legal for medicinal and recreational use banned Delta 8 THC. The question often becomes, “Why do some states ban delta 8 THC?”

What is Delta 8 THC?

In 2018, Congress passed a Farm Bill that had unique provisions for those involved with hemp production. The law legalized hemp-extracted products, provided they contained less than 0.03% Delta 9 THC. Delta 8 THC did not receive a mention, and some found ways to extract Delta 8 THC. Delta 8 THC does not appear on the federal list of controlled substances, but it does provide effects similar to Delta 9. Reports and research indicate Delta 8 THC is milder than delta 9.

State Laws and Delta 8 THC Controversies

Regardless of federal “gray areas,” states can regulate Delta 8 THC sales. Some states are not “friendly” to laxer cannabis rules, so they do not appear interested in allowing the free flow of Delta 8 disposables and other products inside its borders. The list of states banning Delta 8 THC is as follows: Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, Kentucky, Idaho, Iowa, Michigan, Mississippi, Montana, New York, North Dakota, Rhode Island, Utah, Vermont, and Washington.

The number could change, as other states might ban Delta 8 THC. Anyone planning on purchasing Delta 8 Vapables might find it necessary to double-check local laws before making any purchases.

Interestingly, several states that legalized traditional marijuana for medical or recreational purposes banned Delta 8 THC. Vermont, for example, stated the Delta 8 products fall under the “use of synthetic cannabinoids,” which is not legal in the state. In New York, regulations bar “cannabinoids created through isomerization,” and that makes Delta 8 disposables a no-go in the Empire State.

A somewhat cynical opinion suggests that lawmakers and regulators don’t want a product competing with the legal cannabis market. There may be other reasons for the bans.

News reports sometimes note that regulators do not feel comfortable with a product that comes with questions marks regarding a particular manufacturer’s process. A less-than-reputable seller could release something unsafe, such as a product claiming to contain hemp-derived Delta 8 THC but is purely synthetic. Illinois might one day pass a rule that requires Delta 8 products to undergo testing and labeling to be legal for sale.

Delta 8 THC in the Anti-Cannabis States

Several states with harsh drug laws do not currently have any bans on Delta 8 Vapables and other offerings. Alabama and Texas intended to ban Delta 8 THC, but, in a surprise move, legislation codifying a ban ended up being removed from larger bills. Perhaps the publicity over the revised legislation gave Delta 8 THC a public relations boost in Texas, as sales increased.


Why do some states ban Delta 8 THC products? They have the right to regulate such products and exercise that right. While many may disagree with the rulings, complying with the law seems advisable. Otherwise, legal troubles might ensue. Whether you’re looking at how to keep the scent of Delta 8 THC under control or our Delta 8 Gummies, you can find your next Delta 8 Hemp product today.