September 30, 2021 3 min read

You’ve probably heard that Delta-8-THC is much more accessible than traditional THC products because it's made from legal hemp material. There is, however, some confusion surrounding the parameters to who can buy it.

How old do you have to be to buy Delta-8? And are there different age limits in different states? Do age limits apply when you buy Delta-8 online?

All great questions. We’ve got answers:

Key Takeaways

  • There are very few laws that dictate the legal age for buying Delta-8. Most sellers require consumers to be 21 years old to buy Delta-8.
  • Some states have specific laws regarding the buying age for Delta-8 products, while others lump them under the same category as CBD products.
  • You may be asked to verify that you are 21 years of age or older when buying Delta-8 online.

Federal Delta-8-THC Legal Age Limits

There are actually no legal age parameters set by federal law. Delta-8-THC is classified as a legal hemp product, and federal law does not specify any age limits or other parameters that affect who can access legal hemp products. Instead, the legal age for buying Delta-8 is decided at the state level.

A Delta-8-THC tincture, one of the many types of delta-8 products you can buy at age 21

How Old Do You Have to Be to Buy Delta-8 in Each State?

Even at the state level, there are very few parameters set that specifically affect the legal age for buying Delta-8-THC.

Many states allow consumers to purchase hemp-derived CBD products at the age of eighteen, but some may have laws that set the age limit for buying Delta-8-THC even higher. Some states make no distinction between Delta-8 and CBD, and instead lump them all into the “hemp product” category.

Because of inconsistencies in state law, many Delta-8 brands and distributors require consumers to be 21 years old to purchase Delta-8 products. This is consistent with the age requirements to purchase Delta-9-THC products in states where recreational cannabis is legal.

In short, the age limit for buying Delta-8-THC isn’t always decided by law at the state or federal level. Instead, most Delta-8 distributors set the age limit at 21 years old.

Other Barriers to Delta-8-THC Access

Although many states have not implemented age limits for Delta-8 products, some states have implemented a ban on Delta-8 altogether. Other states allow Delta-8 only when it is made under the states’ recreational or medical cannabis program, meaning it isn’t a hemp product and must be bought at a dispensary.

Some states may not ban Delta-8-THC entirely, but they do have restrictions on the type of Delta-8 products that can be sold in the state.

The states who have some form of Delta-8-THC restrictions include:

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

You can learn about Delta-8 laws in your state by reading “Where is Delta-8-THC Legal? A State by State Guide to Delta-8 Laws.

Where to Buy Delta-8-THC

You can buy Delta-8 in stores and online from any state where Delta-8-THC is legal. In some cases, the legal buying age for Delta-8 may vary, but you usually have to be 21 years old to buy Delta-8-THC products.

If you’re looking to buy Delta-8 online and are 21 or older, check out our Elev8 Collection to find Delta-8 vapes, candies, gummies, and more. As with all Vida Optima products, our Delta-8 products are 100% Farm Bill Compliant and made according to the industry’s highest standards.

Vida Optima Elev8 Delta-8 Caramels


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