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

by Kat Austin September 30, 2021 5 min read

How Old Do You Have to Be to Buy Delta-8? - Vida Optima™

 

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? Can you buy Delta 8 at 18?

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.

Can you buy Delta 8 at 18?

In most states, you must be at least 21 years old to buy Delta 8 THC products. Some states may allow the purchase of Delta 8 THC at 18, but this is less common. It's important to check your local laws to determine the legal age for purchasing Delta 8 THC in your area.

Is Delta 8 Legal for 18 Year Olds?

So you can't always buy Delta-8 at 18, but does that mean it's illegal to use? Unfortunately, there's no clear answer. While many states may have limits on the minimum purchasing age for Delta-8, many do not have or enforce possession restrictions.

So, Delta-8 is not always illegal for those aged 18-21, but you'll need to look at your local state and city regulations to determine Delta-8 legality near you. 

Is Delta 8 Legal for Minors?

No, Delta-8 is not legal for minors. Those considering THC for minors should discuss medical marijuana options with their children's doctor.

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.

The following states have set forth clear regulations regarding the age limit for purchasing Delta 8 THC products. In states not listed, the laws may be unclear or not explicitly defined. Always check local regulations and retailer policies to ensure compliance with age restrictions.

  • Alabama: 21 years or older
  • Florida: 18 years or older
  • Georgia: 21 years or older
  • Illinois: 21 years or older
  • Indiana: 21 years or older
  • Kansas: 21 years or older
  • Louisiana: Typically 21 years or older (retailer discretion)
  • Minnesota: 21 years or older
  • Missouri: 21 years or older
  • Nebraska: 21 years or older
  • New Jersey: 21 years or older
  • North Carolina: 21 years or older
  • Ohio: 21 years or older
  • Pennsylvania: 21 years or older
  • South Carolina: 21 years or older
  • Tennessee: Typically 21 years or older (retailer discretion)
  • Texas: 21 years or older
  • Wisconsin: 21 years or older
  • Virginia: 21 years or older

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

FAQ - Delta 8 Age Limit

Does Delta 8 have an age limit?

Yes, Delta 8 THC generally has an age limit. Most states require buyers to be at least 21 years old to purchase Delta 8 THC products, although some states may set the age limit at 18.

Do you have to be 21 to buy a Delta 8 cart?

In most states, you need to be 21 years old to buy a Delta 8 THC cart. However, age requirements can vary by state, so it’s important to check local laws.

Is Delta 8 legal in Missouri for 18 year olds?

In Missouri, the legal age to purchase Delta 8 THC products is typically 21. However, it’s advisable to check the most current state regulations for any updates or changes.

How old do you have to be to buy Delta in Georgia?

In Georgia, you must be 21 years old to purchase Delta 8 THC products.

Can I buy Delta 10 at 18?

The age requirement for purchasing Delta 10 THC products generally aligns with those for Delta 8 THC, which is usually 21 years old in most states. However, specific age requirements can vary, so check local laws.

Can 18 year olds buy Delta 8 in Tennessee?

In Tennessee, the legal age to purchase Delta 8 THC products is generally 21. Always check the most current state regulations to ensure compliance.

Will Delta 8 test positive?

Yes, Delta 8 THC can cause a positive result on a drug test. Standard drug tests detect THC metabolites, and since Delta 8 THC is metabolized similarly to Delta 9 THC, it can result in a positive test.

Can you fly with Delta 8?

Flying with Delta 8 THC is legal under federal law if the product contains less than 0.3% Delta 9 THC. However, regulations can vary by state and country, so it’s important to check the laws of your departure and destination locations, as well as airline policies, before traveling with Delta 8 products.

Is Delta 8 federally legal?

Yes, Delta 8 THC is federally legal if derived from hemp and contains no more than 0.3% Delta 9 THC by dry weight, according to the 2018 Farm Bill. However, state laws can vary, so it’s important to check local regulations.

 


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