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It's clear to see that Delta-10, when made from hemp, is federally legal and accessible across the nation. Unfortunately, not every state agrees with the federal ruling on hemp-derived THC products. Moreover, some states have pretty ambiguous laws that make it hard to determine whether Delta-10 is legal in your area.
In many cases, Delta-10 is not addressed individually by legislation. Instead, it’s lumped into the same category as other hemp-derived THC products. By that logic, though, we can usually determine whether Delta-10 is legal in a given area based on Delta-8 laws and other laws concerning hemp products.
So, if you’re here to find out where Delta-10-THC is legal and how you can access it from legal states, then stick around. We’ll review hemp laws in every state to help you understand local Delta-10 legislation.
Disclaimer: We’re always working to stay informed on the latest Delta-10 laws and research. However, Delta-10 state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This information is not intended to be used as legal advice or as a substitute for legal aid.
Table of Contents
Why is Delta-10 Legal by Federal Law?
Is Delta-10-THC a Controlled Substance?
Factors that Affect State Delta-10 Laws
Delta-10-THC Laws by State
Where to Buy Delta-10 Near You
Because Delta-10 is psychoactive (albeit much less potent than other THC products), many people are astonished to find out that it’s federally legal. But, Delta-10 and other hemp-THC products are, in fact, legal according to federal law thanks to the specific wording used to legalize hemp and its derivatives.
Originally, all THC products, whether derived from hemp or marijuana, were marked as Schedule I substances alongside Delta-9-THC for well over a decade. When the Hemp Farming Act of 2018 became law, it included legal implications that changed Delta-10s scheduling status.
Under this legislation, hemp is legal, and is defined as any Cannabis sativa L material containing less than 0.3% Delta-9-THC, including cannabinoids, extracts, acids, isomers, salts, salts of isomers, and any other derivative.
The new laws are lengthy and include details about hemp licensing, requirements for state USDA hemp plans, and regulations for those who grow hemp as an agricultural commodity. The bill includes one section that specifically opened the gate to hemp-THC legalization:
Section 12619b of the 2018 Hemp Farming Act specifically addresses tetrahydrocannabinols in hemp to remove them from the Controlled Substances Act.
As the new laws came to light, many sources argued that hemp-derived THC, including Delta-8-THC, Delta-10-THC, and others, was still prohibited under the clause that prohibits all “synthetic cannabinoids.”
Technically, Delta-10 is often made from CBD through a synthetization process of sorts. However, the process used isn't a true synthetization process, and the most common Delta-10-THC manufacturing process doesn't quite match what the FDA considers to be synthetization.
The conversion process between CBD and Delta 10 is not synthetic, rather it relies on a transfer of isomers, a process called isomerization. Delta-10-THC exists as an "isomer," in the hemp plant, and is therefore covered by the blanket definition to legalize hemp and hemp derivatives.
Delta-10 is a naturally occurring component found in hemp, unlike other synthetic cannabinoids which contain no actual cannabis material at all.
For instance, types of cannabinoids that the DEA carve out as “synthetic” are liquid agents that are often applied to plant material, like K2 and Spice, which are both illegal.
Legal forms of synthetic cannabinoids, such as Marinol, also exist as prescription pharmaceuticals. Unlike Delta-10-THC, these substances are purely synthetic and made in a lab without the use of plant material.
Of course, laws regarding cannabinoids are still subject to change as hemp regulations are ironed out by both the DEA and FDA. For now, Delta 10 maintains a federal legal status, but state laws still may pose limitations on Delta-10-THC access.
Thanks to Section 12619b of the 2018 Hemp Farming Act, tetrahydrocannabinols in hemp are specifically exempt from scheduling. That means that Delta-10-THC that is made from legal hemp material is not a Controlled Substance by federal law.
On the other hand, each state governs its own hemp laws and has its own legislation to clarify what counts as a controlled substance. In many states, hemp derived cannabinoids are all exempt from scheduling, but some states do still classify Delta-10-THC as a Controlled Substance.
Check out the Delta-10-THC laws by state below to find out if hemp-derived THC’s are classified as a controlled substance near you.
We mentioned that Delta-10-THC laws vary by state, but the nature of Delta-10’s legality can really be narrowed down to two important factors. In order for Delta-10-THC to be legal in any state, the state’s laws must:
In general, Delta-10-THC is legal in states where both of these conditions have been met.
Of course, even in states where Delta-10 has been legalized, other state laws may impact the hemp market, and therefore impact the availability and quality of Delta-10 products in the area. Local hemp laws generally include the following:
Part of each state's responsibility within the legal hemp market is submitting a hemp agriculture plan to the USDA for approval. To date, most states have submitted a plan, and a select few are still waiting for approval.
The USDA hemp plan submitted by each state must include information about the licensing process for hemp growers, as well as the testing procedures that the state will use to ensure hemp material is below the federal threshold for delta-9-THC content.
Every states' hemp plan will also designate a state department, such as the Department of Agriculture, to oversee each program. This is the department you should contact to get the most accurate, up to date hemp laws in your state.
Manufacturing and licensing laws vary greatly by state. Some states require growers, manufacturers, and sellers to each hold an individual license. Others simply require growers to be licensed through the state program, and otherwise do very little to regulate the manufacture and sale of Delta-10-THC products.
While these licensing laws don't typically affect consumers directly, they can affect the availability and quality of Delta-8 in your state. In general, most testing requirements only concern the legal Delta-9-THC content, and only a handful of states have quality regulations in place. That means you should take special precautions and carefully vet your Delta-10 brand before you buy.
As we mentioned, some states require sellers to be licensed before they can distribute hemp or Delta-10 products. In other states, anyone can sell hemp products so long as it is made according to legal guidelines.
Typically, seller laws don't affect consumers unless there are age limits in place in your particular state.
In general, there is no possession limit in place for legal hemp products. However, hemp products with more than the legal amount of Delta-9-THC are considered cannabis products and are heavily restricted in many states. Even in states where cannabis is legal, Delta-10 products derived from marijuana are typically subject to strict possession laws.
The most common way that state laws affect consumers is through formula restrictions. In some states, hemp and Delta-10 are both legal, but hemp derived cannabinoids are classified as adulterants. This means that it cannot be legally added to food, drinks, or dietary supplements.
While this ruling is in line with the FDA's current stance on CBD as a food additive, some states have specifically legalized the use of CBD in foods and drinks. Whether or not these same laws apply to Delta-10 as a food additive depends on the specific language used in the state’s law.
Generally speaking, these formula restrictions are aimed at manufacturers and sellers and don't affect consumers directly. In other words, there may be no penalty for possession of these products, but you may not be able to buy them in every state.
Finally, some states have legalized hemp, but still maintain complete bans on THC. That means that hemp may be legal, but only if it contains no THC at all. In other words, these states allow the sale of certain hemp products, like CBD isolate, but not Delta-10 or any other product containing any level of tetrahydrocannabinols, like full-spectrum CBD.
Where is Delta-10-THC legal? Most of the time, Delta-10 is subject to the same laws as other hemp-derived THC products, like Delta-8-THC, which is more commonly discussed in legislation. Check your state below to learn more about hemp THC laws near you:
Click to jump to your state:
Delta-10-THC is likely legal in Alabama.
Alabama updated hemp laws to legalize CBD soon after the 2018 Farm Bill was signed into law, and this legislation also affected the legal status of hemp-derived THC in the state. May 30th of 2019, Alabama enrolled amendments to Alabama code 2-8-381.
Amongst other things, the bill specifically amended the definition of hemp so that it closely matches federal regulations. It also effectively removed tetrahydrocannabinols (THCs) derived from hemp from the states list of Controlled Substances by amending the state’s Food, Drug, and Cosmetic Act.
Delta-10 is likely prohibited in Alaska.
Like many other states, Alaska did update legislation after the 2018 Farm Bill was signed into law in order to legalize hemp production in the state. However, the state still has limitations on CBD products, and an even harsher prohibition on certain classes of tetrahydrocannabinols.
While high-THC cannabis can be legally purchased for medical and recreational use by those over the age of 21, other classes of tetrahydrocannabinols, and specifically their isomers, are considered Schedule IIA substances.
The penalty for possession of a Schedule IIIA substance can be either a misdemeanor or a Class C Felony depending on the amount possessed.
A few other states have harsh Delta-10 restrictions (like Arizona, Idaho, and Iowa), but Alaska’s are among the most surprising since the state has legalized recreational cannabis.
Arizona law may prohibit Delta-10 sales in the state.
Arizona is one of the more hemp-friendly states in the country, and they impose a few regulations that help create a more advanced hemp market than most. The state passed legislation to legalize hemp shortly after the 2018 Farm Bill was signed into law.
This bill, SB 1098, aligns the state laws with the federal definition for industrial hemp. The state also has relaxed regulations on the ways that hemp can be used, including a variety of CBD preparations.
Unfortunately, the state's Controlled Substances legislation poses complications for Delta-10-THC. The bill reads that cannabis, as well as all salts, isomers, and preparations of THC, are considered Schedule I substances in the state. The only exception is “the synthetic isomer of delta-9-tetrahydrocannabinol,” which refers to dronabinol, a legal prescription pharmaceutical modeled after THC.
Delta-10 is likely prohibited in Arkansas.
Arkansas is home to a budding medical cannabis program and the state has legalized many different hemp preparations, including various CBD products. This legislation is similar to that of many hemp-friendly states in that it aligns Arkansas law with federal definitions. Hemp is any cannabis plant containing no more than 0.3% Delta-9-THC on a dry weight basis, including its naturally derived cannabinoids.
However, state legislation explicitly carves out several instances in which hemp cannabinoids, specifically tetrahydrocannabinols, are not legal.
The Controlled Substances list in the state clearly reads that any cannabis or THC material that is created "independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis" is considered to be a schedule VI Controlled Substance.
Although Arkansas has a restricted hemp market, many of its neighboring states (like Mississippi, Tennessee, and Oklahoma) have legalized Delta-10.
Delta-10 is likely legal in California.
California is well known for being one of the first states to legalize cannabis both for recreational and medicinal use. However, the state's CBD laws are some of the stricter state laws in the nation, and figuring out where Delta-8-THC comes into play can be confusing.
Many people expected California to follow in the footsteps of neighboring states Nevada and Arizona to tighten regulations surrounding hemp-derived THC. Luckily, California specifically updated their legislation to clarify hemp products as an exception to the Controlled Substances list. Because of this, Delta-10 is presumed to be openly legal in California, given that it is created from legal CBD.
Delta-10 is likely prohibited in Colorado.
Many states, like Alabama and California, clarify that tetrahydrocannabinols derived from legal hemp fall under the protections of hemp's legal status. Colorado has legalized hemp and CBD, but its stance on hemp-derived THC is very different.
Unfortunately, in Colorado, Senate Bill 14-184 clarifies that all tetrahydrocannabinols, including Delta-9, are defined the same way by state law. That means that any hemp material with a Delta-10-THC content that exceeds the legally allowable amount of THC (0.3%) is technically classified as "marijuana" by state law.
Of course, cannabis is legal for recreational and medicinal purposes in Colorado. By this logic, Delta-10-THC should be available in state licensed dispensaries. So, is it?
It's a little unclear—the state's Controlled Substances Act technically lists THC isomers as prohibited substances. You may find Delta-10 products in Colorado dispensaries, but they walk a fine line between legal and illegal.
In general, no, Delta-10-THC is not openly legal in Colorado and may be difficult to find in the state.
Delta-10 is likely prohibited in Connecticut.
Connecticut updated state CBD laws to match the federal definitions and officially legalize hemp and CBD in the state. Because the state’s definition for hemp exactly matches the federal definition, it originally covered all cannabinoids, isomers, and other hemp components, living and nonliving.
The state also updated its Controlled Substances Act to exclude “industrial hemp, as defined in 7 USC 5940,” thus removing Delta-8-THC from its controlled substances list. Originally, this was enough to legalize Delta-8-THC derived from industrial hemp as a regular hemp product that could be bought and sold in stores and online.
Now, new laws have been set forth to legalize Delta-8, and the game has changed a bit.
In July of 2021, Connecticut passed Senate Bill 1201, which officially establishes adult-use cannabis as legal and modifies existing regulation to clarify a few points. Most significantly, the act legalizes any products with a THC concentration of more than 0.3% on a dry weight basis. The new definition includes all types of THC, including delta 7, delta 8, delta 9, and delta 10.
It's great news, especially since THC products will eventually be more appropriately regulated by state programs. However, there is a catch: Connecticut only allows THC products to be bought and sold in state-licensed dispensaries. That means that you can no longer buy Delta-10-THC online in CT, even when it is derived from hemp.
Delta-10-THC is likely prohibited in Delaware.
Delaware’s neighboring states (Pennsylvania, Maryland, and New Jersey) have all legalized Delta-8, but Delaware’s hemp laws are still pretty hazy.
Although CBD seems to be legal, the state hasn’t done much to clarify its stance on CBD sales and use. On the other hand, its position on emp-derived THC is pretty clear.
Delaware classifies any product that contains “any amount of” tetrahydrocannabinols or their isomers as a Schedule I substance. The only exception is THC products that are FDA approved, like various pharmaceuticals that are only available by prescription.
Unlike other states that make exceptions for “hemp derived tetrahydrocannabinols,” Delaware makes no such exception, rendering Delta-10 possession illegal and subject to penalty in the state.
Delta-10-THC is likely legal in Florida.
Florida straddles the line where cannabis is concerned. Their CBD laws are pretty lax, save for a total ban on smokable products. They don’t allow high-THC cannabis for recreational use, but do have a limited medical marijuana program in place.
Fortunately, their position on hemp derived cannabinoids like Delta-10-THC is pretty clear. In Florida, legislation clearly specifies that “hemp-derived cannabinoids” are not controlled substances.
The text further clarifies that “cannabis,” which is listed under the state's Controlled Substances statute, “does not include hemp or industrial hemp.” Florida defines hemp as “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers thereof, whether growing or not, that has a total delta 9 tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry-weight basis.”
By these laws, Delta-10-THC is legal in Florida, which probably doesn’t come as a huge surprise considering many nearby states (like Georgia and Alabama) have legalized Delta-8, too.
Delta-10 is possibly legal in Georgia.
Georgia defines hemp and hemp products the same way as federal legislation defines them—as the Cannabis sativa L. plant and any part of such plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not” provided the plant has no more than 0.3% Delta-9-THC by dry weight.
Because Georgia aligns with federal definitions, hemp-derived Delta-8 is protected by state law.
Georgia also amended legislation to provide exceptions to “marijuana” and “tetrahydrocannabinols” as listed in their Controlled Substances Act. These clauses now exclude any material that is “specifically excepted” by other state laws, like the state’s hemp legislation.
Of course, Georgia’s hemp laws are stricter than some other nearby states where Delta-10 is legal, like Florida, Alabama, or South Carolina.
Georgia laws also state that CBD or hemp-derived cannabinoids cannot be used in edible preparations unless specifically approved by the FDA. That means that while Delta-10 is legal in Georgia, the types of products that can be made and sold in the state are limited.
Still, these laws typically affect manufacturers and not consumers, meaning that all forms of Delta-10 may be accessible to Georgia residents when shopping online.
Delta-10 is likely legal in Hawaii.
Hawaii has stricter CBD laws than most (especially compared to states like Illinois, New York, or Ohio where the hemp and Delta-10 market is virtually a free-for-all), but that doesn’t apply to hemp laws as a whole. The state of Hawaii has fully legalized hemp. With the passage of HB 2689, Hawaii officially defined hemp according to the federal definition.
The bill also serves to clarify a precise difference in “hemp” and “marijuana,” and amend state laws concerning “tetrahydrocannabinols” to exclude hemp derived cannabinoids. This effectively removed hemp derived cannabinoids from the state’s Controlled Substances Act.
Delta-10-THC is prohibited in Idaho.
In general, Idaho’s hemp and CBD laws are pretty strict. They have legalized hemp on a state scale, but CBD products made from hemp must not contain any amount of THC.
Similarly, these hemp laws prevent Delta-10-THC from being manufactured and sold in the state. Idaho defines hemp similarly to the federal definition, but declares that any hemp that “contains more than three-tenths of one percent (0.3%) of any of the chemical substances classified as tetrahydrocannabinols” is classified as “marijuana” and is therefore prohibited.
The state’s legal definition for tetrahydrocannabinols includes Delta-9-THC and all salts, isomers, and derivatives of tetrahydrocannabinols.
Therefore, any hemp material or products that contain more than 0.3% Delta-10-THC is considered “marijuana” by state law and is prohibited.
Delta-10 is legal in Illinois.
Illinois matched other states in the area (like Missouri, Indiana, and Tennessee) when they passed hemp legislation to align the state with federal regulations after the passing of the 2018 Farm Bill. In this new legislation, Illinois legalizes hemp and all hemp derivatives (like CBD), whether living or not, so long as the Delta-9-THC concentration does not exceed 0.3%.
While the state of Illinois fails to go into detail about Delta-10 specifically, the legislation clarifies that Illinois is fully aligned with federal hemp laws. It also specifically makes an exception for hemp in the Cannabis Control Act. According to federal law (and therefore Illinois state law) Delta-10 is legal.
Delta-10 is likely legal in Indiana.
Likely influenced by neighboring states Illinois and Ohio, Indiana passed hemp laws that simultaneously legalized hemp and CBD alongside hemp-derived THC shortly after the 2018 Farm Bill passed into federal law. The state defines hemp according to the federal definition, providing protections for hemp-derived extracts, cannabinoids, isomers, and all other derivatives.
Further, Indiana amended their Controlled Substances Act to remove “industrial hemp (as defined by IC 15-15-13-6)” from their definition of “marijuana,” which is listed as a controlled substance in the state.
Delta-10 is likely prohibited in Iowa.
Iowa was late to join the hemp game, and the state’s USDA hemp plan was not passed until 2020. Although hemp and hemp derivatives were still illegal in the state until this point, the state’s Attorney General released a clarifying statement in May of 2020 to acknowledge CBD’s legality under the requirements laid out by the state’s new hemp plan.
In the updated legislation, Iowa defines hemp using a definition similar to the one used by federal legislation. Hemp and most hemp derived cannabinoids are now legal in the state, but the state unfortunately maintains a ban on tetrahydrocannabinols derived from cannabis in concentrations exceeding 0.3%.
This blanket statement includes delta-10-THC, so Delta-10 is still illegal in the state of Iowa. While it is one of only a few, Iowa isn’t the only state that has prohibited Delta-10 (see Colorado, Nevada, Rhode Island). Still, many of Iowa’s neighboring states do allow the sale and possession of Delta-10, including Illinois, Missouri, and Nebraska.
Delta-10 is likely legal in Kansas.
Shortly after the passing of the 2017 Farm Bill, Kansas joined many other neighboring states (like Oklahoma, Nebraska, and Missouri) in updating hemp laws to legalize industrial hemp and its derivatives. That means that CBD was officially legal in the state, as well as all other hemp-derived cannabinoids, isomers, and other extracts.
Thankfully, the legislation also included updates to the state's Controlled Substances Act. The amendment clarified that hemp-derived tetrahydrocannabinols are not classified alongside other tetrahydrocannabinols derived from cannabis, which are considered Schedule I Substances in Kansas.
Delta-10 is likely prohibited in Kentucky.
Kentucky quickly hopped on the opportunity to legalize hemp and CBD after the 2018 Farm Bill became federal law. The state has legalized hemp, which it defines according to the federal definition. It also legalized all hemp products "made from, or made by, processing industrial hemp…"
The state's legislation goes further to specify the difference between "marijuana" and hemp material. Kentucky permits possession of all CBD and other hemp materials, assuming the material contains no living plant material, viable seeds, or flowers.
This seemingly legalized Delta-8-THC in the state so long as it was derived from legal hemp material, but the Kentucky Department of Agriculture published a letter on April 19 of 2021 to clarify their stance. In this letter, Delta-8, a hemp isomer similar to Delta-10, is declared as a Controlled Substance. The letter suggests that this ruling is based on Delta-8’s federal classification as a Schedule Substance, although this classification is only true when Delta-8 is not derived from hemp.
State laws make no mention of Delta-10, but it is assumed that Delta-10 and other hemp THC products are illegal in Kentucky.
Delta-10 is likely legal in Louisiana.
After the 2018 Farm Bill was signed into federal law, Louisiana updated its legislation to send a clear and direct message—hemp, CBD, and all of its other derivatives are legal within the state.
Louisiana defines hemp similarly to the federal legislation, as Cannabis Sativa and all "extracts, cannabinoids, isomers, acids, salts" and other derivatives. Furthermore, the state updated its Controlled Substances Act to make a specific exception for hemp.
Delta-10-THC is legal in the state when it's produced from legal hemp material and contains less than 0.3% Delta-9-THC. In fact, as other states are cracking down on the sale of hemp THC products, Louisiana has clarified that they intend to regulate, not ban, Delta-8-THC and similar hemp-derived THC products.
A new law passed in August of 2021 intends to legalize and set regulatory pathways for what the state defines as "consumable hemp products." That includes ingestible and topical hemp products, and, according to an email sent by the state, also "includes the addition of food products containing CBD and delta-8 (THC) products."
Delta-10-THC is likely legal in Maine.
Maine has updated hemp legislation to legalize hemp and CBD in response to the 2018 Farm Bill. Thankfully, the state's definition is a bit more in depth than federal legislation.
In Maine, the definition for hemp includes all Cannabis Sativa material with less than 0.3% Delta-9-THC, including all extracts and derivatives. "Hemp" also means all products derived from hemp material, including "topical or ingestible consumer products, including food, food additives and food products derived from hemp, which in their final forms contain a delta-9-tetrahydrocannabinol concentration of not more than 0.3%..."
Maine also updated their definition for "marijuana" as defined in the Controlled Substances Act to specify that "marijuana product” does not include…”a product containing hemp."
Similar legislation is used in nearby states, like New Hampshire, Vermont, and Massachusetts, but the local market may not be well regulated yet.
Delta-10 is legal in Maryland.
Maryland was one of the states to quickly update hemp legislation (and legalize CBD and other cannabinoids) after the 2018 Farm Bill passed into law. The state’s new legislation aligned with the federal definition for hemp—meaning hemp is defined as any cannabis sativa material with less than 0.3% Delta-9-THC by dry weight.
The state’s definition for legal hemp specifically included all extracts, derivatives, cannabinoids, isomers, salts, and salts of isomers. That means that Delta-10-THC, which exists as a hemp isomer, is legal in Maryland.
This is a similar tactic used by nearby states where Delta-10-THC is legal, like Pennsylvania and Virginia.
Delta-10 is likely prohibited in Massachusetts, except at dispensaries.
Massachusetts passed several amendments to the state’s laws after the 2018 Farm bill became federal law. In addition to legalizing hemp and CBD, the state also aligned its legislation with the federal definition for hemp. That means that hemp, or Cannabis Sativa material with less than 0.3% Delta-9-THC by dry weight, and all of its cannabinoids, isomers, salts, salts of isomers, and other derivatives are legal in the state. However, the state has spoken out about Delta-8 specifically, and they claim that it is not a THC derived from hemp and is instead classified as a synthetic cannabinoid.
It’s unclear how these laws are applied to Delta-10, which is not mentioned by name in Massachusetts state law. It’s best to assume that because Delta-10 is made similarly to Delta-8, it is likely prohibited under the same circumstances. That means that Delta-10 would be considered a marijuana product and not a hemp product.
So? Is Delta-10 legal in Massachusetts? Yes, but you may need to buy it at a cannabis dispensary.
Delta-10 is likely prohibited in Michigan, except at dispensaries.
Michigan updated its hemp laws after the 2018 Farm Bill took effect to effectively legalize most hemp derivatives, like CBD.
The new laws define hemp similarly to the way they are defined by federal law. In Michigan, hemp means the plant Cannabis sativa and all parts of the plant, including cannabinoids, isomers, acids, salts, and salts of isomers. By this definition, Delta-10-THC appears to be legal in the state.
However, the state’s Controlled Substances Act lists delta-9-tetrahydrocannabinol and all of its optical isomers as a Controlled Substance, which seems to include Delta-10-THC. Under these conflicting laws, Delta-10 appears to be legal when naturally derived from legal hemp material, but not when produced via isomerization.
To clarify, Governor Whitmer signed a law with intent to regulate the manufacture and sale of Delta-8 material in the state. It's unclear whether the new law specifies whether Delta-8-THC can be made from hemp material or not, but it does require all manufacturers and sellers to be licensed through the Michigan Marijuana Regulatory Agency. This effectively regulates Delta-8 as a marijuana product, not a hemp product.
The same is likely true for Delta-10, although it is not specifically mentioned in Michigan state law. In other words, Delta-10 is legal, but it may need to be purchased through a state-licensed dispensary.
Delta-10 is likely legal in Minnesota.
Minnesota updated their hemp legislation in response to the 2018 Farm Bill to legalize hemp and CBD, as well as all other hemp derivatives containing less than 0.3% Delta-9-THC by weight.
The state’s Industrial Hemp Development Act also states that industrial hemp is not marijuana, offering a clear distinction between cannabis material with a high Delta-9-THC concentration (which is a controlled substance in the state) and materials that are derived from natural industrial hemp.
Thanks to this phrasing, Delta-10-THC is legal according to Minnesota law.
Delta-10 is prohibited in Mississippi.
Mississippi has notoriously been slow to enact cannabis legislation but did seem to act quickly to enact hemp legislation after the 2018 Farm Bill became federal law. According to the new legislation, hemp and CBD are both legal in the state, but the state hasn't taken the steps necessary to legalize Delta-10-THC.
Unfortunately, Delta-10-THC is classified as a Controlled Substance in the State, similarly to neighboring state Arkansas. Several other states in the area, including Alabama and Tennessee, have amended their Controlled Substances Act to specifically exclude hemp, meaning Delta-10 may be legal and accessible in some nearby states
Delta-10 is likely legal in Missouri.
Potentially influenced by its hemp friendly neighbors (like Illinois, Kentucky, and Tennessee), Missouri took to updating hemp laws shortly after the 2018 Farm Bill became federal law. For a while, the state’s hemp status (and specifically Missouri’s legal status for CBD) was unclear. Now, the legislation clearly defines hemp in a similar manner to federal definitions.
In Missouri, hemp is defined as all Cannabis Sativa material, including all extracts, isomers, cannabinoids, salts, and other derivatives, providing it contains less than 0.3% Delta-9-THC by weight.
The state also amended its Controlled Substances Act to specifically exclude hemp from its list of Schedule I Controlled Substances.
Now, hemp and all derivatives, including Delta-10-THC, are legal in the state so long as they are grown and manufactured according to the state’s hemp plan.
Delta-10 is likely prohibited in Montana.
Montana has updated their hemp laws to legalize some hemp derivatives, like CBD. However, the state’s current legislation places limitations on tetrahydrocannabinols. The state defines “marijuana” as “all plant material from the genus Cannabis containing tetrahydrocannabinol (THC).”
Unfortunately, the state also lists all tetrahydrocannabinols and its isomers as a Schedule I Controlled Substance in the state, and the text makes no exception for THC derived from hemp.
Delta-9-THC is only allowed in amounts up to or less than 0.3% on a dry weight basis. All other forms of THC, in any amount, are considered a Controlled Substance. Until this changes, Delta-10-THC is illegal in Montana.
Delta-10 is likely legal in Nebraska.
Nebraska enacted their own hemp laws shortly after the passing of the 2018 Farm Bill. These laws broadly legalized hemp (and CBD) and labeled hemp material as an “agricultural commodity” that could be grown, processed, and marketed.
Nebraska’s definition of hemp is similar to the federal definition. Hemp is defined as any Cannabis Sativa material, living or not, including cannabinoids, isomers, extracts, and other derivatives, providing the dry material did not contain more than 0.3% Delta-9-THC.
Given this definition, we believe that Delta-10-THC (a naturally occurring hemp derivative) is legal in Nebraska. Other states in the area (like South Dakota, Kansas, and Missouri) have similar Delta-8 laws, and the local market may include products from states that aren’t yet well regulated.
Delta-10 is likely illegal in Nevada.
Nevada updated their hemp laws in response to federal updates to the Farm Bill. While Nevada has legalized hemp and many CBD products, they’ve since made changes to the law to ban hemp-derived THC in the state.
Originally, Delta-10-THC was protected under the state’s definition for hemp, which included all hemp extracts, cannabinoids, isomers, salts of isomers, and other derivatives, providing the plant material contains less than 0.3% Delta-9-THC by dry weight.
Later, however, the state specifically updated their Controlled Substances Act to clarify their stance on certain hemp-derived cannabinoids. Hemp-derived THC’s are categorized as Schedule I substances in the state.
Therefore, Delta-10-THC is illegal in Nevada, but may still be accessible under the same laws as recreational cannabis at state-licensed dispensaries. Nevada isn’t the only state in the area to restrict Delta-10, and similar laws may be found in Arizona and Utah, too.
Delta-10 is likely legal in New Hampshire.
New Hampshire has legalized hemp and hemp-CBD to match federal law, but there was some speculation surrounding the legal status of Delta-10-THC in the state.
However, the state’s definition of hemp is broad and includes Cannabis Sativa and “any part of the plant” with a delta-9-THC concentration of no more than 0.3% on a dry weight basis.
By this definition, Delta-10-THC derived from legal hemp material is legal in the state. New Hampshire went further to amend the Controlled Substances Act to remove “hemp” from the definition of marijuana. Now that the state defines a clear difference between the two, there are no strict parameters on Delta-10 in the state.
Delta-10 is likely legal in New Jersey.
When New Jersey legalized hemp, they also legalized CBD and other hemp-derivatives. In fact, the state’s definition fully aligns with the federal definition for hemp.
The legislative text goes further to declare that hemp-derived cannabinoids are considered agricultural commodities and are not considered controlled substances.
Thanks to the New Jersey Hemp Program rules and regulations, Delta-10-THC is legal in New Jersey.
Delta-10-THC is likely legal in New Mexico.
New Mexico has updated legislation to match federal hemp laws, legalizing CBD and all other hemp-derivatives. The state defines hemp as “the plant Cannabis sativa L. and any part of that plant, including seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, whether growing or not, with a delta-9- tetrahydrocannabinol concentration of not more than three-tenths percent on a dry weight basis.”
The state also updated their Controlled Substances Act to make a specific exception for hemp derived products where “tetrahydrocannabinols” are listed as Schedule I substances.
That means that Delta-10-THC, a naturally occurring hemp derivative, is legal in the state, despite being prohibited in many neighboring states, including Colorado, Arizona, and Utah.
Delta-10-THC is likely illegal in New York.
New York officially enacted their own hemp legislation in response to the 2018 Farm Bill. This text broadly legalized CBD and all other hemp derivatives.
The state's definition for hemp is almost identical to the federal definition. In New York, hemp is classified as any part of the Cannabis Sativa plant, including all cannabinoids, extracts, isomers, and other derivatives, providing the dry plant material contains less than 0.3% THC by weight.
The state's Controlled Substances Act differentiates between "marihuana" and "hemp." However, the state has since released new rules that clarify their stance on hemp-derived THC products. The new rules state that hemp products may “not contain synthetic cannabinoids, or cannabinoids created through isomerization, including delta-8 tetrahydrocannabinol and delta-10 tetrahydrocannabinol."
Delta-10 is likely legal in North Carolina.
North Carolina has updated hemp laws to legalize CBD and many other hemp derivatives. Still, the state maintains a ban on some hemp products, like smokable hemp flower.
Fortunately, the state has no specific prohibition on Delta-10-THC, and uses legal language that makes it accessible in the state. North Carolina legalized hemp using a definition that is almost identical to the federal definition used in the 2018 Farm Bill.
In North Carolina, hemp is any Cannabis Sativa material, including all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers (both living and nonliving), so long as the material contains less than 0.3% Delta-9-THC.
Delta-8, which exists as a natural hemp derivative, is covered by this definition. Furthermore, North Carolina updated their Controlled Substances Act to make a specific exception for tetrahydrocannabinols derived from hemp.
Delta-10-THC is illegal in North Dakota.
North Dakota moved to legalize hemp some time after the 2018 Farm Bill became law. This legislation subsequently legalized CBD and other hemp derivatives, extracts, cannabinoids, isomers, and salts of isomers.
Many people expected North Dakota’s laws to match their hemp-restricted neighbor, Montana, where Delta-10 is illegal. Subsequently, North Dakota House Bill 1045 explicitly states that delta -8-THC is prohibited in this state, and that is expected to carry over to similar hemp-derived THC products, like Delta-10. In fact, North Dakota is one of only a handful of states that has banned all forms of THC, including Delta-9-THC and others.
Delta-10 is likely legal in Ohio.
Ohio updated legislation to legalize hemp and all hemp derivatives, including CBD, in July of 2019. The bill specifically defined hemp according to the definition used by federal law, which includes all cannabinoids, extracts, isomers, salts of isomers, and all other derivatives of hemp material.
Finally, the bill also updated the legal text used to define “tetrahydrocannabinols” where they are described as a scheduled substance in the state. The new text makes specific exemptions for “tetrahydrocannabinols found in hemp and hemp products,” like Delta-10-THC.
Delta-10 is likely legal in Oklahoma.
Thanks to updated hemp laws that match the federal definition for “hemp,” the state of Oklahoma has legalized all hemp-derived cannabinoids, isomers, salts of isomers, and other derivatives (like CBD!).
The new legislation goes further to amend the state’s public health code, which restricts certain forms of cannabis, like “marijuana.” The new laws specify the difference between products derived from marijuana and those derived from “hemp”, marking hemp derived products as an exception to the prohibition.
The text also specifically declares prohibited “tetrahydrocannabinols” as those derived from (or mimicking those derived from) “marijuana,” and not hemp.
By these laws, Delta-10-THC is legal and accessible in Oklahoma.
Delta-10 is legal in Oregon with restrictions.
Since the 2018 Farm Bill became law, Oregon has updated their hemp laws to broadly legalize hemp and its constituents, like CBD.
In fact, the state makes a careful differentiation between “hemp” and “marijuana” products. In Oregon, hemp-derived cannabinoid products are legal in all forms, including edibles and other consumables.
Oregon’s lax stance on hemp and Delta-8 was originally a stark contrast to the laws laid out by many nearby states, like Nevada, Idaho, and Montana, where hemp THC is prohibited.
More recently, Oregon solidified their stance on hemp-derived THC when they became one of few states who have opted to regulate Delta-8 sales in the state. In July of 2021, the state passed HB3000, a bill that clarifies that all products that contain more than 0.5 milligrams of any form of THC as an "Adult Use Cannabis Item."
Under these new rules, Delta-10-THC products derived from hemp are legal, but cannot be sold to anyone under the age of 21 years old. Some high potency products may be considered marijuana products and are therefore only available in dispensaries.
Delta-10 is likely legal in Pennsylvania.
After the 2018 Farm Bill became law, Pennsylvania passed amendments to the state’s hemp laws to better align the state with federal definitions. In Pennsylvania, hemp is legal and is defined as any part of the cannabis plant that contains less than 0.3% Delta-9-THC on a dry weight basis.
Hemp products are also legal, and may include any part of the hemp plant, including cannabinoids, extracts, isolates, and other derivatives.
Pennsylvania also passed amendments to the state’s Controlled Substances Act. The new laws clarify hemp as an exception to “marijuana” where it is listed as a Schedule I substance. Thanks to these updates, Delta-10-THC is legal in Pennsylvania.
Delta-10 is likely prohibited in Rhode Island.
Rhode Island has updated hemp laws to legalize CBD and other hemp extracts and derivatives. However, the state has made extensive amendments to the Controlled Substances list that prohibit the manufacture and sale of hemp-derived THC.
While certain forms of hemp are specifically exempt from scheduling under the Controlled Substances Act, the law prohibits any product that contains any amount of THC that is intended for human or animal consumption. Any product that effectively delivers any form of THC to the body is prohibited.
Delta-10 is possibly legal in South Carolina, with restrictions.
Like federal law, South Carolina has legalized hemp and all of its derivatives, including cannabinoids, isomers, and other extracts.
The new state laws create separate definitions for “marijuana” and “hemp,” They also clarify that the term “marijuana” does not include hemp products where it is used in state legislation, including where “marijuana” is listed as a Controlled Substance.
South Carolina is positioned in a relatively hemp friendly area, where North Carolina, Georgia, and Tennessee all have similar Delta-10 laws.
However, the state's Attorney General released a letter on October 4th of 2021 that states that it is the opinion of the South Carolina Law Enforcement Division that the Hemp Farming Act does not apply to Delta-8-THC or any other THC variant. However, the letter more specifically addresses "possession with the intent to distribute," and lends final determination of hemp THC legality to local law enforcement on a case by case basis.
In other words, Delta-10 may be legal in the state, but it is likely illegal to sell or distribute Delta-10-THC products. There have been various reports of law enforcement raids resulting in Delta-8 products being removed from shelves. Until the law is updated to better clarify this situation, we believe that it is legal to possess, but not sell, Delta-10-THC products in South Carolina.
Delta-10 is likely legal in South Carolina.
Like many other states that have updated their hemp legislation, South Dakota has legalized hemp and all hemp derivatives (including CBD!) using a definition similar to the federal definition.
In South Dakota, hemp is defined as the plant Cannabis Sativa and all parts of the plant, including cannabinoids, isomers, salts of isomers, and all other derivatives. By definition, Delta-10 derived from legal hemp material is legal in South Dakota.
Delta-10 is likely legal in Tennessee.
Tennessee legalized hemp using a definition that is nearly identical to the one used in federal legislation. That means that Tennessee legalized hemp and all hemp derivatives (like CBD), including cannabinoids, isomers, salts of isomers, acids, and other extracts, provided the hemp material contains no more than 0.3% Delta-9-THC.
The legislation goes further to create a clear separation between “marijuana” and “hemp.” The text also specifically declares that hemp is not classified as a Controlled Substance in the state.
By these laws, Delta-10-THC is legal in Tennessee.
Delta-10 is likely legal in Texas.
Texas updated their hemp laws shortly after the 2018 Farm Bill became federal law. In Texas, CBD is legal, as are other hemp derivatives.
The state defines hemp similarly to federal law, as any Cannabis Sativa material containing less than 0.3% Delta-9-THC. That includes all cannabinoids, acids, isomers, salts, and salts of isomers.
Amendments to state law also clearly separate “hemp” from “marijuana.” The Controlled Substances Act was amended to make a specific exemption for hemp and hemp products. By these laws, Delta-10-THC is legal in Texas.
Delta-10-THC is likely prohibited in Utah.
Utah updated their hemp laws in response to federal updates to the Farm Bill. Like many other states, Utah has legalized hemp on a broad scale, which means that many hemp constituents (like CBD) are legal in the state.
Unfortunately, Utah fails to make any exception for hemp-derived tetrahydrocannabinols in its Controlled Substances Act. The legislation reads that all isomers of THC are considered Controlled Substances, which means that Delta-10-THC is not legal in Utah.
Delta-10-THC is likely illegal in Vermont.
Vermont regulates hemp as an agricultural commodity, and hemp and all its derivatives (like CBD) are legal in the state. Vermont’s definition for what qualifies as a “hemp product” is similar to the one used by federal legislation.
In Vermont, hemp is “Cannabis sativa L. and any part of the plant, including the seeds and all derivatives, extracts, cannabinoids, acids, salts, isomers, and salts of isomers,” provided the material contains less than the federally defined amount of THC. (By federal law, this is less than 0.3% Delta-9-THC.)
Vermont's updated legislation also specifically removes hemp and hemp products from the definition of “marijuana” where it is classified as a Controlled Substance in the state. These updates appeared to legalize hemp THC in the state, but hemp regulators have since clarified otherwise.
In an update posted on the State of Vermont Agency of Agriculture, Food and Markets website, the agency clarified that 'The Vermont Hemp Rules were adopted in May 2020 and ban the “use of synthetic cannabinoids in the production of any hemp product or hemp-infused product.' So, while naturally occurring delta-10-THC is not barred from hemp or hemp products, Vermont producers cannot manufacture the delta-10-THC cannabinoid from hemp."
Delta-10 is likely legal in Virginia.
Virginia was one of the most influential states in the national legalization of hemp agriculture, and all forms of hemp and hemp derivatives, like CBD, are legal in Virginia. Virginia law may have influenced other nearby states where Delta-10 is legal, like Tennessee, West Virginia, and North and South Carolina.
The state defines hemp according to the definition used by federal law, and “hemp” includes all hemp cannabinoids, isomers, salts, salts of isomers, and other extracts. Virginia has also made amendments to their Controlled Substances Act to specify that hemp-derived tetrahydrocannabinols are excluded from the list of Schedule I substances, and that “hemp” is excluded from the state’s definition of marijuana.
Thanks to these amendments, Delta-10-THC is legal in Virginia.
Delta-10 is likely prohibited in Washington.
Unlike many states with read-between-the-lines legislation, Washington has clearly legalized and descheduled hemp products in the state.
Washington law legalized hemp using the same definition as federal legislation—any cannabis material containing less than 0.3% Delta-9-THC, including cannabinoids, isomers, salts, salts of isomers, and all other extracts. By this definition, Delta-8 is legal when derived from legal hemp materials.
These amendments to state law also impacted the Controlled Substances Act by specifically excluding hemp and hemp products from the definition of “controlled substance.”
These updates originally seemed to make hemp-derived THC legal and accessible in Washington, which was a stark contrast to many nearby states where hemp THC is prohibited, like Idaho and Montana.
However, in September of 2021, the Washington State Liquor and Cannabis Board released an enforcement bulletin that clarified that the conversion of CBD to Delta-8-THC and the purchase or sale of hemp-derived Delta-8 are prohibited in Washington. This seemingly applies to Delta-10 and other hemp THC products as well, so Delta-10-THC is illegal in Washington state.
Delta-10-THC is likely legal in West Virginia.
West Virginia uses the same definition as federal legislation to legalize hemp and hemp products in the state. Hemp is defined as any cannabis material containing less than 0.3% Delta-9-THC, including cannabinoids, isomers, salts, salts of isomers, and all other extracts.
The new laws also declare that THC’s found in hemp should not be taken into consideration when classifying a substance as a Controlled Substance. Thanks to these collective updates, Delta-10-THC is legal and accessible in West Virginia.
Delta-10 is likely legal in Wisconsin.
Wisconsin law defines hemp as any Cannabis sativa material, including cannabinoids, isomers, salts, salts of isomers, and other extracts, provided the material contains less than the federally allowed amount of Delta-9-THC (which is 0.3% by dry weight).
Under this definition, Wisconsin legalized all hemp derivatives, including CBD. The updates to state law also include revisions to the Controlled Substances Act, including a specific exemption for tetrahydrocannabinols derived from hemp. Thanks to these updates, Delta-10-THC is legal in Wisconsin.
Delta-10 is likely legal in Wyoming.
After the 2018 Farm Bill became law, Wyoming quickly updated laws to legalize hemp products, including cannabinoid products like CBD. The state’s new hemp laws define hemp as any part of the plant Cannabis Sativa, including cannabinoids, isomers, salts of isomers, and all other derivatives, so long as the material contains less than 0.3% Delta-9-THC by dry weight.
The new legislation also includes additions to the Controlled Substances Act in the state. The text has been updated to show that hemp and possession of hemp products are excluded from scheduling. Therefore, Delta-10-THC derived from legal hemp is legal to sell and possess in the state.
Local laws may impact Delta-10-THC availability in your area, and hemp regulations are still shaky across the country. There are, of course, some hemp-friendly, well-regulated states where Delta-10-THC can be found in local stores.
Luckily, you aren’t limited to the Delta-10 products near you. The USPS has declared that hemp products are legal to ship through the mail, so you may be able to find better quality products when you buy Delta-10-THC online.
At Vida Optima, our hemp-derived products comply with all parameters of the Hemp Farming Act of 2018. We can also help answer questions about Delta-10 before you buy, or you can read “What is Delta-10-THC?” to learn more.
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