How Old Do You Have To Be To Buy Delta-8? (state-by-state guide)

by Kat Austin January 17, 2024 3 min read

How Old Do You Have To Be To Buy Delta-8? (state-by-state guide) - Vida Optima™

Understanding the age requirements for purchasing Delta-8 products can be a labyrinth of state laws. Let’s into the nuances surrounding the minimum age to buy Delta 8, shedding light on this evolving landscape.

Key Takeaways

  • In most cases, you must be 21 years old to buy Delta-8 products. 
  • Although Delta-8 is federally legal, it is not legal for purchase in all states. 
  • Online vendors may require age verification for sales. 

What is Delta-8?

Delta 8 THC, a hemp cannabinoid celebrated for its milder effects, mirrors Delta-9-THC. Frequently derived from hemp-derived CBD, Delta-8 offers a unique and uplifting experience, making it appealing to both seasoned users and newcomers seeking a gentler introduction to elevated cannabinoids.

Its mild, relaxing effects make it popular among hempconsumers, but it's still a novel cannabinoid covered in red tape and lacking substantial regulation. Its legality (and therefore minimum purchase age) varies from state to state.

Delta-8 is Federally Legal, but Some States Disagree

Vida Optima Elev8 Vape

Since the 2018 Farm Bill, Delta-8-THC and other hemp cannabinoids have gained federal approval, triggering a surge in demand. However, navigating the legal maze becomes challenging due to varying state regulations, particularly on age restrictions.

Different states have diverse laws regarding the minimum age for purchasing Delta 8. Some states treat Delta-8 the same as CBD, while others have banned Delta-8 entirely, calling it a “synthetic cannabinoid.” In many cases, the legal age may default to federal laws, or it may be set by the distributor. Online purchases may also require age verification. 

As you can see, it's not always easy to navigate the state laws, which can lead to confusion when buying Delta-8 online and in stores. In some states, buying Delta-8 may even be out of the question.

While only a few states have totally banned Delta-8, there are many states that have some level of restriction surrounding Delta-8 products, such as restrictions regarding the type of products that can be made and sold. In fact, the following states have some form of Delta-8-THC restrictions:

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

If you live in these states, be sure to take a good look at Delta-8 laws before purchasing any products. While Delta-8 may not be entirely prohibited, there may be strict limits on what can be purchased and how much Delta-8 can be legally obtained.

Read more about Delta-8 Laws by State to learn more. This is especially important if you plan to travel with Delta-8 to any of these states or if you are considering flying with Delta-8-THC products

Delta 8 Age Limits By State:

The following is a reflection of the delta-8 age limits in states that allow Delta-8 sales. States not listed may have a Delta-8 ban or complex laws barring Delta-8 sales. 

  • Alabama: 21 and older
  • Florida: 18 and older, barring certain product types. Sellers may require 21 and older. 
  • Georgia: 21 and older
  • Illinois: 21 and older
  • Indiana: 21 and older
  • Kansas: 21 and older
  • Louisiana: No state-specific law, many retailers require 21 and older
  • Minnesota: 21 and older
  • Missouri: 21 and older
  • Nebraska: 21 and older
  • New Jersey: 21 and older
  • North Carolina: 21 and older
  • Ohio: 21 and older
  • Pennsylvania: 21 and older
  • South Carolina: 21 and older
  • Tennessee: No state-specific law, most sellers require 21 and older
  • Texas: 21 and older
  • Wisconsin: 21 and older
  • Virginia: 21 and older

Age Limits for Different Delta-8 Products 

Even though the legal purchase age for Delta-8 may be 18 in some places, age limits for Delta-8 vary for certain product types, such as carts, flower, pre-rolls, and dabs.

In most cases, smoking and vaping products can only be purchased by those age 21 and up. Regulations may vary, necessitating a closer look at state-specific laws for compliance.

Stay Informed, Stay Compliant

The legal landscape surrounding Delta 8 is in flux, with potential changes on the horizon. Whether you're a seasoned enthusiast or a curious newcomer, staying informed about your state's legislation is paramount to ensuring compliance and avoiding legal pitfalls.

In conclusion, while the age to buy Delta 8 is commonly 21, state-specific laws vary, and understanding these nuances is key to navigating the evolving world of Delta-8 regulations.

Looking for Hemp THC You Can Buy Online?

At Vida Optima, our Delta-8 products are legal and accessible to anyone 21+, meaning you can order online and get your favorite legal hemp THC products without leaving your couch. Our Elev8 Collection contains a full selection of Delta-8 gummies, flower, vapes, and more, including a variety of strains and dosages.

Vida Optima Elev8 Collection

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