Delta 8 Laws by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
The 2018 Farm Bill separated Hemp and Marijuana by the level of Delta 9 THC in hopes of making Hemp products non-psychoactive with less than 0.3% THC and Marijuana products psychoactive with more than 0.3% THC. Well, that ship has sailed with a new, and mass produced, cannabinoid called Delta 8. Delta 8 hit the United States by storm doubling, tripling, and in some places quadrupling hemp product sales across the country. For the first time, hemp products got you high. And in places where marijuana was illegal, this was a big, big deal. Like all great things, in some places they come to an end. Almost a quarter of US States have restricted Delta 8 THC products in some way. So, where is Delta 8 Legal? Is it legal in my state? You’ll soon find out. Hemp Lively has gone state by state to give you updated State Delta 8 THC Laws and regulations. The results will surprise you. Click on any state below to see the State Delta 8 Laws, Regulations, and links to their official Cannabis Statutes.
United States Delta 8 THC Legal Status Map
Delta 8 THC State Laws Map Legend
🟥 Delta 8 is Banned & Illegal for Sale, Use, and Possession.
🟨 Delta 8 has some Restrictions (see state-specific Delta 8 Laws explained below)
🟩 Delta 8 is Legal for Sale, Use, and Possession
Is Delta 8 THC Illegal in your State?
Manufacturing, Buying, Selling Delta 8 THC Products
A State by State Guide to Delta 8 Laws
There are several arguments and ways states have restricted the manufacturing or sale of delta 8. Understanding the validity of these arguments is crucial when determining if you should sell delta 8 at your local shop or even online. State statutes are almost impossible to thoroughly understand because they reference other statutes that reference even more statutes, and so on. Furthermore, state, and federal statutes and definitions can be conflicting. Who has the authority, the state or the 2018 Farm Bill? State websites are filled with outdated information as well as published “opinions” which may or may not be actual law. Lastly, it’s important to understand the definitions of each statute as you are reading them. Definitions may change in the same Bill or State Law and others may only be applicable to that particular statute, not the rest of the document. Here are the common arguments used by several state agencies as well as incorrect arguments you may have found on the web in other articles. Let’s debunk some of these myths before you go directly to your state’s delta 8 laws.
- Changing the definition of “THC” to include all THC cannabinoids. – This has been very effective in some states. Changing the definition of THC to include all THC cannabinoids such as delta 8 then limits the total of all THC cannabinoids to comply with the 2018 Farm Bill’s threshold of 0.3% THC.
- Setting product THC limits per serving and per package. – A handful of states have set total THC limits per serving and per package, most of which have also redefined THC to include all THC cannabinoids like Delta 8 THC. This, in and of itself, does not make delta 8 illegal but cripples the ability to make delta 8 products strong enough where anyone would buy them. In my opinion, this tactic has been the most effective.
- No synthetic or artificially derived (isomerization or converted from CBD) cannabinoids. – This is where it gets tricky. Delta 8 is a naturally occurring cannabinoid found in hemp. However, it’s found in very small amounts. To give you an idea how small, an average hemp plant has 10% CBD, 0.25% Delta 9 THC, and 0.03% Delta 8 THC. Theoretically, delta 8 THC can be separated and extracted directly from the hemp. However, that would take a lot of hemp and definitely wouldn’t support the amount of delta 8 products sold every day.
More commonly, delta 8 distillate is created through a process of isomerization where CBD is converted into Delta 8 THC. Isomerization combines CBD distillate or isolate with an acid, solvent, and heat to cause a chemical reaction which changes CBD into Delta 8 THC. This process is actually very simple and safe. The result is an identical twin molecularly of naturally occurring Delta 8 THC.
So, how do you tell naturally extracted Delta 8 from CBD-converted Delta 8?
And therein lies the problem. You can’t. Except to know that the amount needed for everyone to produce delta 8 products does not support the amount of delta 8 products being made and sold in the USA today.
The next issue you have with this type of argument is how the state defines “synthetic” or “artificially made”, which most of them don’t define it. Synthetic cannabinoids refer to a class of cannabinoids that are not naturally occurring. If you’ve ever heard of the “fake weed” that used to be sold in gas stations and head shops with brand names like “Spice” and “K2”, then you’ve heard of synthetic cannabinoids. Synthetic cannabinoids should be banned. But, in my opinion, delta 8 is not a synthetic cannabinoid.
The term “artificially made cannabinoids” or “cannabinoids made through isomerization” are a whole different pickle to deal with. Most delta 8 products today are made using Delta 8 distillate that was converted from CBD through isomerization. The big problem is there’s no way to prove it.
- Delta 8 is a tetrahydrocannabinol which is a Schedule I drug. – This is correct but does not apply to hemp products. Over 30 states still have “tetrahydrocannabinols” listed as a Schedule I drug. This does not apply to hemp products that contain less than 0.3% Delta 9 THC.
- Product Restrictions that affect Delta 8 THC products. – Several states where delta 8 products are legal have banned certain product types such as hemp flower or inhalable hemp products like delta 8 vapes. Make sure you know these restrictions before you start selling delta 8 flower or delta 8 vape carts and disposable delta 8 vape pens in these states.
- State agencies post notices that conflict with the written law. – There are several states that have posted announcements or official notices to either the public or other state agencies with their opinion on delta 8’s legality. Some of these notices are accurate. Others conflict with their written state laws. It’s important in these states to have an attorney look at this. Whether or not their notices hold any legal authority is important. What is more important to understand is the state’s view on it which, regardless of legal backing, shows their intent and can cause problems for you if the state decides to start pulling your products off the shelves of your resellers.
- Conflicting State and Federal Laws. – You will find, in every state, state laws that conflict with federal laws. This is a complicated subject and may differ from state to state depending on whether or not new legislature has passed within that state after the 2018 Farm Bill went into effect. Any conflicting state laws prior to the 2018 Farm Bill are most likely trumped by the federal Farm Bill Statutes. Any state laws passed after the farm bill may have precedent over it, especially if they have a USDA approved state hemp plan. The best advice I’ve read, which I like to call “The Holy Grail” of hemp legal opinions is a 2019 Executive Summary of New Hemp Authorities Legal Opinion on Federal vs. State Hemp Laws by the USDA’s General Counsel (PDF). I mean, why take legal advice from an online article when you get to hear it from the USDA’s General Counsel, which is basically a group of our countries best legal minds on the subject. This document is 16 pages and a “must read” for anyone in the industry. I thought I understood the law until I read this thing. A truly humbling experience, I must say. But it’s a great read.
“The Holy Grail” of legal opinions about State vs. Federal Law regarding Hemp and the 2018 Farm Bill.
Alabama (AL)
Is Delta 8 legal in Alabama?
Yes. Delta 8 is legal in Alaska. Delta 8 THC products are legal to manufacture, sell, buy, possess, and use. However, to manufacture Delta 8 products, you will need both a Hemp Processor License Alabama Department of Agriculture & Industries (ADAI) and, if you manufacture food products such as Delta 8 Gummies, a Permit to Operate Food Processing Facility from the Alabama Department of Public Health.
➖Manufacture (State Registration Required)
✔️Purchase
✔️Possess
✔️Use
✔️Sell
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Alabama.
Alabama Department of Agriculture & Industries (ADAI)
Below are some links to the ADAI’s website with information regarding Alabama’s industrial hemp program.
Alabama Department of Agriculture & Industries (ADAI) Industrial Hemp Program
ADAI Alabama Hemp Program Overview
ADAI Resources
ADAI Hemp Instructional Videos
Alabama Department of Public Health
Alabama Department of Public Health
APPLICATION FOR A PERMIT TO OPERATE FOOD PROCESSING FACILITY
Alabama Department of Public Health Bureau of Environmental Services
Position on Enforcement of CBD in foods
Does not permit CBD or other cannabinoid infused edibles and drinks to consumers. This includes baked goods, coffee, and beer.
State Laws
Alabama Hemp Law
Alabama Hemp Plan
Alabama Industrial Hemp Research Program Act
Section 2-8-380 Short title. This article shall be known and may be cited as the Alabama Industrial Hemp Research Program Act. (Act 2016-293, §1.)
Section 2-8-381 Definitions. As used in this article the following words shall have the following
meanings:
(1) DEPARTMENT. The Department of Agriculture and Industries.
(2) GROWER. Any person, business entity, or cooperative licensed to grow industrial hemp by the department or an institution of higher education pursuant to this article.
(3) HEMP PRODUCTS. Any and all products made from industrial hemp, including, but not limited to, cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seed, seed meal and seed oil for consumption, and seed for cultivation if the seeds originate from industrial hemp varieties.
(4) INDUSTRIAL HEMP. All parts and varieties of the plant Cannabis sativa, cultivated or possessed by a licensed grower, whether growing or not, that contain a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. Industrial hemp shall be considered an agricultural crop or an agricultural commodity, or both, in all…
Section 20-2-2 manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. Such term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination. Marijuana does not include industrial hemp as defined in Article 11 of Chapter 8 of Title 2.
Alabama Administrative Code
Resources
Alabama State Licensing
Alabama Hemp Licensing Requirements
Labelling
AL Food Product Label Requirements
Frequently Asked Questions
If you have any other questions about starting a hemp or CBD company in Alabama or would like to know more about our Wholesale or Private Label CBD Manufacturing Services, give us a call (850) 299-9624.
Alaska (AK)
Is Delta 8 legal in Alaska?
Yes. Delta 8 is legal in Alaska. Delta 8 THC products are legal to manufacture, sell, buy, possess, and use. However, to manufacture Delta 8 products, you must first register your D8 products with the state by completing a Manufacturer/Processor Endorsement of Hemp Products or Extracts Form for each product. If you manufacture food products such as gummies, you may also need a food manufacturing license. To sell delta 8 products, you must also be licensed. Hemp product retailers must obtain a Hemp-derived Product Retail/Distributor License.
➖Manufacture (State Registration Required)
✔️Purchase
✔️Possess
✔️Use
➖Sell (State Registration Required)
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Alaska.
Department of Natural Resources (DNR)
DNR’s Division of Agriculture (DoAg)
Department of Food Safety & Sanitation Program
State Laws
USDA Approved Hemp Plan
SB 6
An Act relating to the regulation and production of industrial hemp; relating to industrial hemp pilot programs; providing that industrial hemp is not included in the definition of ‘marijuana’; providing that cannabidiol oil is not included in the definition of ‘hashish oil’; clarifying that adding industrial hemp to food does not create an adulterated food product; and providing for an effective date.
Industrial Hemp Regulations (11 AAC Chapter 40)
Resources
Alaska Hemp Licensing
Labelling
A person offering for sale, processed industrial hemp products intended for human or animal consumption, must properly label them in accordance with 11 AAC 40.420. The label shall include the following:
1) The product name.
2) A batch number for the product.
3) An expiration date.
4) Total quantity of the product by weight or volume.
5) The serving size or recommended dosage.
6) A list of all ingredients.
7) The industrial hemp program in which the hemp originated.
8) And if the product contains any THC, the statement “Warning: Contains THC”
*This is not a real industrial hemp product; it is an illustration of what information is required to be on a product containing industrial hemp if the intended or advertised use is for human or animal consumption.
If you have any other questions about starting a hemp or CBD company in Alaska or would like to know more about our Wholesale or Private Label Hemp Product Manufacturing Services, give us a call (850) 299-9624.
Arizona (AZ)
Is Delta 8 legal in Arizona?
Yes. Delta 8 is legal in Arizona. Delta 8 THC products are legal to manufacture, sell, buy, possess, and use. However, to manufacture Delta 8 food products, you’ll need to obtain a Food Establishment License through the Arizona Department of Health Services.
✔️Manufacture
✔️Purchase
✔️Possess
✔️Use
✔️Sell
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Arizona.
Arizona Department of Health Services
State Laws
Arizona Hemp Plan
Arizona Hemp Law Title 3 – Agriculture
TITLE 3. AGRICULTURE; CHAPTER 2. REGULATORY PROVISIONS;
SENATE BILL 1098
Resources
If you have any other questions about starting a hemp or CBD company in Arizona or would like to know more about our Wholesale or White Label CBD Manufacturing Services, give us a call (850) 299-9624.
Arkansas (AR)
Is Delta 8 legal in Arkansas?
Yes. Delta 8 THC is legal in Arkansas. Delta 8 THC products are legal to buy, sell, possess, use, and manufacture. However, if you manufacture food products such as gummies that use Delta 8 distillate as an ingredient, may need a Wholesale/Manufactured Foods Establishment Permit from the Arkansas Department of Health.
✔️Manufacture
✔️Purchase
✔️Possess
✔️Use
✔️Sell
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Arkansas.
Arkansas Department of Agriculture (ADA)
State Laws
Arkansas Hemp Plan
Arkansas Industrial Hemp Research Program Rules
HOUSE BILL 1640
Resources
Alaska Hemp Licensing
If you have any other questions about starting a hemp or CBD company in Arkansas or would like to know more about opening a Hemp Lively Wholesale Account or Private Label CBD & THC Manufacturing Services, give us a call (850) 299-9624.
California (CA)
Is Delta 8 Legal in California?
Yes. Delta 8 is legal in California. However, there are several product restrictions and licensing requirements for both Delta 8 product manufacturers and retailers selling delta 8 products.
California delta 8 THC product manufactures need to obtain an Industrial Hemp Enrollment and Oversight (IHEO) Authorization through the CDPH’s Industrial Hemp Compliance Program. However, finished out-of-state hemp-derived product manufacturers do not need to be licensed to sell and ship their products to California. All products must be manufactured in a registered commercial facility, each with their own IHEO Authorization. Product manufacturers cannot make hemp or delta 8 products at home.
There are several product restrictions in California as well for both manufacturing and sales. First, inhalable hemp products such as delta 8 vapes and delta 8 infused smokable flower cannot be sold in California.
Next, hemp products cannot be made using THC (of any kind) isolate, or any other psychoactive cannabinoid isolate, added to formulations to increase their psychoactive content. The state’s guide does not specify any other type of concentrate such as distillate, but psychoactive cannabinoid isolate (pure powder) is banned.
Retail shops and eCommerce businesses selling hemp and Delta 8 THC products directly to consumers do not need an IHEO Authorization. However, they must buy their delta 8 products from a CDPH-licensed supplier.
➖Manufacture (State Registration Required)
✔️Purchase
✔️Possess
✔️Use
✔️Sell
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of California.
Industrial Hemp Enrollment and Oversight (IHEO)
Industrial Hemp Compliance Program (IHCP)
California Department of Public Health (CDPH)
California Department of Food and Agriculture (CDFA)
State Laws
California Hemp Plan
California Industrial Hemp Law
AB-45 Industrial hemp products. (2021-2022)
AB-45 Industrial hemp products. (2021-2022)
Food manufacturers laws, regulations, and statutes
Food manufacturers laws, regulations, and statutes include:
- California Health and Safety Code (HSC) Section 109875 et. Seq. (Sherman Food, Drug and Cosmetic Law).
- Federal Food, Drug, and Cosmetic Act (FD&C Act)
- Fair Packaging and Labeling Act (FPLA)
- HSC Section 111950 – 112130 (California Food Sanitation Law)
- Title 21 Code of Federal Regulations (CFR), Part 117 (Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food).
- Title 21 CFR, Part 101 (Food Labeling)
- Title 21 CFR, Part 111 (Current Good Manufacturing Practice in Manufacturing, Packaging, Labeling, or Holding Operations for Dietary Supplements).
- Title 21 CFR, Part 113 (Thermally Processed Low-Acid Foods Packaged in Hermetically Sealed Containers)
- Title 21 CFR, Part 114 (Acidified Foods)
AB 45 Statutes: Article 7. Labeling and Advertisement 111926
Article 7. Labeling and Advertisement
111926.
(a) A manufacturer, distributor, or seller of an industrial hemp product shall follow packaging, labeling, and advertising laws, including, but not limited to, Chapter 4 (commencing with Section 110290), and federal laws incorporated or applicable in this state, including, but not limited to, Sections 110100, 110340, 110371, 110380, 110382, and 110407 and shall not violate this part.
(b) A hemp manufacturer shall not directly target advertising or marketing to children or to persons who are pregnant or breastfeeding.
(c) Advertising or marketing placed in broadcast, cable, radio, print, or digital communications shall only be displayed where at least 70 percent of the audience is reasonably expected to be 18 years of age or older, as determined by reliable, up-to-date audience composition data.
111926.2.
(a) An industrial hemp product that is a dietary supplement, food, or beverage shall not be distributed or sold in the state without packaging and labeling on the product that includes all of the following information:
(1) A label, scannable barcode, internet website, or quick response (QR) code linked to the certificate of analysis of the final form product batch by an independent testing laboratory that provides all of the following information:
(A) The product name.
(B) The name of the product’s manufacturer, packer, or distributor, and their address and telephone number.
(C) The batch number, which matches the batch number on the product.
(D) The concentration of cannabinoids present in the product batch, including, at minimum, total THC and any marketed cannabinoids or ingredient, as required by the department in regulation.
(E) The levels within the product batch of contaminants, as required in subdivision (c) of Section 111925.2.
(2) The product expiration or best by date, if applicable.
(3) A statement indicating that children or those who are pregnant or breastfeeding should avoid using the product prior to consulting with a health care professional about its safety.
(4) A statement that products containing cannabinoids should be kept out of reach of children.
(5) The following statement, “THE FDA HAS NOT EVALUATED THIS PRODUCT FOR SAFETY OR EFFICACY.”
(b) The requirements of this section shall apply to products manufactured 90 days or more after the enactment of this section.
111926.3.
(a) An industrial hemp product that is a cosmetic shall not be distributed or sold in the state without packaging and labeling on the product that includes all of the following information:
(1) A label, scannable barcode, internet website, or quick response (QR) code linked to the certificate of analysis of the final form extract or the final form product batch by an independent testing laboratory that provides all of the following information:
(A) The product name.
(B) The name of the product’s manufacturer, packer, or distributor, and their address and telephone number.
(C) The batch number, which matches the batch number on the product.
(D) The concentration of cannabinoids present in the product batch, including, at minimum, total THC and any marketed cannabinoids.
(E) The levels within the product batch of contaminants, as required in subdivision (c) of Section 111925.2.
(2) The product expiration or best by date, if applicable.
(3) The following statement, “THE FDA HAS NOT EVALUATED THIS PRODUCT FOR SAFETY OR EFFICACY.”
(b) The requirements of this section shall apply to products manufactured 90 days or more after the enactment of this section.
Definitions
What is California's definition of "THC Concentration"?
“THC concentration” or “percentage concentration of THC” means the postdecarboxylated value of the percentage of delta-9 THC content derived from the sum of THC and THCA content and reported on a dry weight basis to the nearest thousandth, or three decimal places. The percentage concentration of THC may be measured by using either:
(A) a suitable analytical instrumentation described in Section 4942(b) that results in the decarboxylation of THC-acid to delta-9 THC, or
(B) a calculated value using a conversion formula of the percentage concentration of delta-9 THC plus eighty-seven and seven tenths (87.7) percent of the percentage concentration of THC-acid when a suitable analytical instrumentation described in Section 4942(b) does not result in the decarboxylation of THC-acid to delta-9 THC.
Resources
California Hemp Licensing
Frequently Asked Questions
Is it illegal to sell Delta 8 Vapes in California?
Yes. Inhalable hemp-derived products such as delta 8 smokable flower and delta 8 THC vapes and cannot be sold in California.
Is it illegal to manufacture Delta 8 Vapes in California?
No. As long as you are licensed, you can manufacture Delta 8 Vape Cartridges and Delta 8 THC Disposable Vape Pens in California. However, they cannot be sold in California. All California Delta 8 vapes or any other inhallable hemp product must be shipped out of state. And you must have an IHEO Authorization to do so.
Is it legal to sell Delta 8 Hemp Flower in California?
No. Inhalable hemp-derived products such as delta 8 vapes and smokable delta 8 flower cannot be sold in California.
If you have any other questions about starting a hemp or CBD company in California or would like to know more about our Wholesale or Private Label & Gummy Manufacturing Services, give us a call (850) 299-9624.
Colorado (CO)
Is Delta 8 Legal in Colorado?
Delta 8 Vaping Products are most likely legal. Food and Cosmetic delta 8 products may or may not be, depending on whether the Delta 8 was made through conversion or isomerization. The legality of Delta 8 THC is debatable in Colorado. Colorado is extremely liberal in their cannabis policies. They’ve even legalized recreational marijuana. Therefore, I’d assume they have no qualms with Coloradoans getting high. From a consumer’s viewpoint while shopping in Colorado, delta 8 THC products are sold in almost every smoke shop. So, why would Colorado have any issues with Delta 8?
On April 14th, 2021, the CDPHE’s Division of Environmental Health and Sustainability’s (DEHS’s) revised Colorado Wholesale Food, Industrial Hemp, and Shellfish Regulations (6 CCR 1010-21) went into effect.
On May 14th, 2021, the Colorado Department of Public Health and Environment (CDPHE) published a Notice regarding Production and/or Use of Chemically Modified or Converted Industrial Hemp Cannabinoids (Delta 8) which is a one-page opinion letter which coincided with the Marijuana Enforcement Division (MED)’s opinion of the use of chemically modified cannabinoids in the production of hemp extracts such as Delta 8 distillate and the manufacturing of hemp-derived food and cosmetic products.
“This includes any process that converts an industrial hemp cannabinoid, such as CBD isolate, into delta-9, delta-8, delta-10-THC, or other tetrahydrocannabinol isomers or functional analogs.”
The above statements only include food (gummies) and cosmetics made using Delta 8 THC which has been manufactured through a conversion or isomerization process. Naturally occurring Delta 8 THC would seem to still be legal or at least hard to prove how the delta 8 distillate was actually manufactured since naturally occurring Delta 8 and Delta 8 converted from CBD isolate are identical.
Delta 8 THC vaping products seem to be legal in Colorado.
The good news is if some of the delta 8 products are illegal in Colorado AND they decide to enforce this, you should receive a cease-and-desist letter first. And if you comply with this immediately, usually that’s it. Colorado is one of the few states where it is worth a few phone calls to each Colorado government agency and even an attorney prior to manufacturing or selling delta 8 THC hemp extracts or hemp-derived delta 8 products.
➖Manufacture (State Registration Required)
✔️Purchase
✔️Possess
✔️Use
✔️Sell
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Colorado.
Colorado Department of Public Health and Environment (CDPHE)
The Colorado Department of Public Health and Environment (CDPHE) has regulatory authority over-processing and processed hemp materials and products intended for human consumption or use. Registration with CDPHE is a legal requirement. Please contact the Colorado Department of Public Health and Environment directly for any further information.
You’ll need a license if you manufacture finished hemp-derived products in Colorado or extract hemp into concentrates. You do not need a license to sell finished hemp-derived products such as CBD Oil or hemp gummies.
Colorado Department of Public Health and Environment (CDPHE)
Processing, Sales, and Distribution
Do’s and Don’ts for Industrial Hemp
For Information on hemp products (includes CBD products and cosmetics) and processing requirements please see CDPHE’s FAQ document: For information on how to apply to produce or sell hemp products please visit their website or contact them directly.
Contact:
303-692-3645, option 2
cdphe.hemp.dehs@state.co.us
State Laws
Notice regarding Production and/or Use of Chemically Modified or Converted Industrial Hemp Cannabinoids (Delta 8)
Hemp in food
Colorado Revised Statutes 2021 Title 25 (PDF)
Colorado Revised Statutes 2018 Title 25 PUBLIC HEALTH AND ENVIRONMENT
Colorado Revised Statutes 2018 Title 25 PUBLIC HEALTH AND ENVIRONMENT
25-5-410. Definitions of “adulterated”. (page 415)
25-5-413. Limit of adulteration – rule or regulation (page 419)
25-5-414. Adulterations. (page 420)
25-5-416. Adulteration of cosmetics. (page 425)
25-5-426. Wholesale food manufacturing and storage – definitions – (page 431)
Rules Pertaining to the Administration and Enforcement of the Industrial Hemp Regulatory Program Act
COLORADO DEPARTMENT OF AGRICULTURE
Plant Industry Division
Rules Pertaining to the Administration and Enforcement of the Industrial Hemp Regulatory Program Act
CO Approved Hemp Plan
Colorado Revised Statutes (2019) TITLE 35 AGRICULTURE
Laws and Rules
Resources
Colorado Hemp Licensing
If you have any other questions about starting a hemp company in Colorado, or would like to know more about Signing Up for a Hemp Lively Wholesale Account or Private Label Hemp-derived Products Manufacturing Services, give us a call (850) 299-9624.
Connecticut (CT)
Is Delta 8 legal in Connecticut?
Yes. But you may read otherwise online. Delta 8 THC is legal in Connecticut. The Connecticut Department of Consumer Protection (DCP) oversees all hemp extraction, extracts, or hemp-derived products manufactured or sold for human consumption (ingestion or inhalation) which covers all Delta 8 THC products. There are several different licenses required to manufacture different Delta 8 THC products in Connecticut. No licenses are required to sell Delta 8 THC products in the state.
I’ve recently read several articles claiming that Delta 8 was illegal in Connecticut. I do not believe this to be true regarding hemp. The controversy came from the Connecticut’s new Cannabis Bill’s (Bill No. 1201) which enacts the CT Cannabis (Marijuana) program. In this bill, the definition of “THC” now includes all types of THC including Delta 8. However, also in this bill is the definition of “Cannabis”, which is defined as “Marijuana” and doesn’t include hemp like some people say. Connecticut’s General Statutes in Section 22-61l define THC from hemp as “THC” means delta-9-tetrahydrocannabinol.
Usually, when you have a new definition of a word such as THC, it only applies to that document unless there is no definition of that word in another document. In this case THC is defined already in the Conn. Gen. Stat. 22-61l already.
✔️Manufacture (Lic. Required only for pet food, vapes, cosmetics)
✔️Purchase
✔️Possess
✔️Use
✔️Sell
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Connecticut.
Connecticut Department of Agriculture (DoAG)
Connecticut Department of Consumer Protection (DCP)
State Laws
Sec. 22-61l
REVISIONS TO THE STATE’S HEMP PILOT PROGRAM IN 2020
Senate Bill No. 893
CT Approved Plan (pdf)
Definitions
What is the definition of "consumable" in Connecticut?
“Consumable” means hemp products intended for human ingestion, inhalation, absorption or other internal consumption, that contains a THC concentration of not more than 0.3 per cent on a dry weight basis;
What is the definition of THC in Connecticut?
“THC” means delta-9-tetrahydrocannabinol.
Resources
Connecticut Hemp Licensing
Frequently Asked Questions
Do you need a license to Sell Delta 8 THC products in Connecticut?
No. You do not need a state license to sell hemp-derived Delta 8 THC products in Connecticut.
Are there any Delta 8 products you can't sell in Connecticut?
No. Delta 8 THC products are legal as long as they stay under the legal limit of less than 0.3% Delta 9 THC.
Is it legal to sell Delta 8 THC Hemp Flower in Connecticut?
Yes. It is legal to sell Delta 8 THC flower in Connecticut.
Do you need a license to Manufacture Delta 8 THC products in Connecticut?
No. You do not need a hemp license to manufacture Delta 8 THC products such as tinctures, gummies, and vapess. However, you may need non-hemp-specific licenses such as a Electronic Nicotine Delivery System Certificate of Manufacturer (includes all vaping product manufacturing), Manufacturer of Cosmetics License, and a Food Manufacturing License.
If you have any other questions about starting a hemp company in Connecticut, would like to Sign Up for a Wholesale Account, or learn more about our White Label Hemp-derived Products Manufacturing Services, give us a call (850) 299-9624.
Delaware (DE)
Is Delta 8 Legal in Delaware?
Yes. Delta 8 is legal in Delaware. Delta 8 products are legal to manufacture, sell, buy, possess, and use. However, to manufacture Delta 8 food products, you may need a food permit.
Manufacture
Purchase
Possess
Use
Sell
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Delaware.
Delaware Health and Social Services Office of Food Protection
Delaware Department of Agriculture (DDA)
State Laws
3 Delaware Code, Section 101(2) and (3)
PLANT INDUSTRIES SECTION
Statutory Authority: 3 Delaware Code, Section 101(2) and (3) (3 Del.C. §101(2) & (3))
805 Rules and Regulations for Delaware Domestic Hemp Production Program
DE Approved Hemp Plan
Resources
Delaware Hemp Licensing
Frequently Asked Questions
Are there any delta 8 products you can't sell in Delaware?
No. You can sell any hemp-derived delta 8 products as long as they have less than 0.3% Delta 9 THC.
Is it legal to sell Delta 8 Hemp Flower in Delaware?
Yes. You can sell delta 8 thc hemp flower in Delaware.
If you have any other questions about starting a hemp company in Delaware, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Florida (FL)
Is Delta 8 legal in Florida?
Yes. Delta 8 is legal in Florida. Long live Governor Ron DeSantis! Delta 8 products are legal to buy, sell, possess, use, and manufacture. However, there are seperate licenses required in Florida to manufcture and sell delta 8 or other hemp-derived products. Here’s Florida’s official stance on Delta 8 THC products.
“Delta 8: At this time any hemp product intended for human or animal ingestion or inhalation which is sold in Florida must comply with all Florida statutes and rules. Any hemp or hemp extract products offered for sale or sold in Florida must comply with all labeling rules and have a certificate of analysis that shows a total THC (THCA x .8777 + THC Delta 9 = total THC) content of 0.3% or less. Any hemp or hemp extract product that does not comply with all statutes and rules is subject to enforcement and possible destruction by the Florida Department of Agriculture and Consumer Services.”
➖Manufacture (State Registration Required)
✔️Purchase
✔️Possess
✔️Use
➖Sell (State Registration Required)
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Florida.
FDACS Division of Food Safety (FS)
FDACS Division of Food Safety (FS) oversees businessess that extract, manufacture, sell, store, or distribute hemp extracts or manufacture finished hemp-derived ingestible products. To perform any of these tasks in Florida, you’ll need a Hemp Food Establishment Permit from the Division of Food Safety.
Department of Agriculture and Consumer Services (FDACS)
The Department of Agriculture and Consumer Services (FDACS) is broken down into three regulatory divisions: the Division of Food Safety (FS), Division of Agricultural Environmental Services (AES), and the Division of Plant Industry (DPI).
Department of Business and Professional Regulations (DBPR)
Department of Business and Professional Regulations (DBPR) requires a license for any business that only manufactures or sells topicals.
Below you’ll find two charts, one for retail and manufacturing and the other for industrial hemp cultivation and seed dealers. Click on either of the charts to download the PDF Chart from the FDACS State Website.
Below the two charts, you’ll find a list of all hemp licenses. Please click on any of the licenses below to learn more about each Florida state hemp license and get links to apply online or download the application.
State Laws
Code of Federal Regulations 21 CFR 101
Code of Federal Regulations
21 CFR 101
Florida Statutes Chapter 500
Florida Statutes
Chapter: 500
USDA Florida Approved Hemp Plan
Florida Administrative Code 5E-3 Feed Rule
5E-3 Feed Rule
Florida Administrative Code 5B-57.014 State Hemp Program
5B-57.014 State Hemp Program
Florida Administrative Code 5K-4.034 Food Safety Rule
5K-4.034 Food Safety Rule
Florida Administrative Code 5E-4 Seed Rule
5E-4 Seed Rule
Florida Administrative Code 5B-57.014 State Hemp Program
5B-57.014 State Hemp Program
Resources
FloridaHemp Licensing
Frequently Asked Questions
Do you need a license to Sell delta 8 products in Florida?
Yes. You need a Florida Retail Food Establishment Permit to sell hemp-derived delta 8 THC products in Florida.
The Florida Department of Agriculture and Consumer Services (FDACS) issues retail food permits to food establishments selling directly to customers. These food establishments may include supermarkets, grocery stores, convenience stores, coffee shops, bakeries, retail meat markets, retail seafood markets, juice and smoothie bars, ice/water vending machines, food salvage stores, businesses selling prepackaged foods (including hemp extract intended for human consumption, which includes CBD or other cannabinoids), and FDACS-regulated mobile food units selling only prepackaged foods or non-potentially hazardous food items.
Are there any delta 8 products you can't sell in Florida?
No. All hemp-derived delta 8 products are legal to sell as long as your are licensed and they contain less than 0.3% Delta 9 THC.
Is it legal to sell delta 8 hemp Flower in Florida?
Yes. You can sell delta 8 hemp flower in Florida.
Is it legal to sell delta 8 Vapes in Florida?
Yes. You can sell delta 8 THC vapes in Florida.
Do you need a license to manufacture delta 8 products in Florida?
Yes. To manufacture delta 8 products in Florida, you’ll need a Florida Wholesale/Manufactured Food Establishment Permit from the FDACS Division of Food Safety (FS)’s Wholesale/Manufactured Food Program.
If you have any other questions about Florida Hemp Licenses, give us a call (850) 299-9624. Hemp Lively is a licensed hemp-derived product manufacturer in Florida. Food Entity #391667
Georgia (GA)
Is Delta 8 legal in Georgia?
Yes. Delta 8 is legal in Georgia. Delta 8 THC products are legal to manufacture, buy, sell, possess, and use. However, if you manufacture delta 8 infused food products, you may need to first obtain a food permit for your manufacturing facility.
Manufacture
Purchase
Possess
Use
Sell
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Georgia.
Georgia Department of Public Health (DPH)
Georgia Department of Agriculture (GDA)
State Laws
Georgia Hemp Grower and Processor Rules (Rule 40-32)
Georgia Hemp Farming Act (O.C.G.A. § 2-23-1)
Georgia Approved Hemp Plan
Frequently Asked Questions
Georgia Hemp Licensing
If you have any other questions about starting a hemp company in Georgia, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Hawaii (HI)
Is Delta 8 legal in Hawaii?
Yes. Delta 8 is legal in Hawaii. It’s legal to manufacture, sell, buy, possess, and use delta 8 products in Hawaii. You do not need a license or card to buy and sell delta 8. However, if you manufacture food products such as Delta 8 gummies in Hawaii, you may need to obtain a food establishment permit.
Manufacture
Purchase
Possess
Use
Sell
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Hawaii.
State of Hawaii Department of Health (DOH) Food Safety Branch - Food Establishment Permits (Manufacturing)
State of Hawaii Department of Health (DOH) Food Safety Branch
Although there are no hemp-derived product manufacturing licenses specifically for hemp, you may need a Food Establishment Permit if you manufacture ingestible and consumable hemp-derived products such as Delta 8 Gummies. Below are the available Food Establishment Permit Licenses in Hawaii.
OAHU Food Establishment Permit Application
HILO Food Establishment Permit Application
KONA Food Establishment Permit Application
State of Hawaii Department of Health (DOH) Food and Drug Branch - Hemp Processing (Extraction)
State of Hawaii Department of Health (DOH) Food and Drug Branch Hemp Processing Registry
Please download the registration form and follow the instructions on the form for submission. A hard copy of the form with original ink signatures and a check must be mailed to FDB.
Hawaii Hemp Processor Registration Application
Hawaii Hemp Processor Registration Renewal Application
Mail application and payment (business check or cashier’s check) to:
DOH Food and Drug Branch
99-945 Halawa Valley Street
Aiea, Hawaii 96701
State of Hawaii Department of Agriculture (HDA) - Hemp Growers & Transporters
State of Hawaii Department of Agriculture (HDA) Hemp Production (growers & transporters)
State Laws
Hawaii Administrative Rules (HAR) Chapter 11-29 – Food and Food Products
Hawaii Revised Statutes (HRS) Chapter 328 – Food, Drugs and Cosmetics
Hawaii Revised Statutes (HRS) Chapter 328 – Hawaii Revised Statutes (HRS) Chapter 328 – Food, Drugs and Cosmetics
Hawaii Administrative Rules (HAR) Chapter 11-37 – Hemp Processing and Hemp Products effective April 29, 2022
Hawaii Administrative Rules (HAR) Chapter 11-37 – Hemp Processing and Hemp Products effective April 29, 2022
Hawaii Revised Statutes (HRS) Chapter 328G – Hemp Processors
Hawaii Hemp Plan
Hawaii uses the USDA Hemp Plan instead of a state specific plan. Licensing is done through the USDA for Industrial Hemp Growers (Producers).
Resources
Hawaii Hemp Licensing
If you have any other questions about starting a hemp company in Hawaii, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Idaho (ID)
Is Delta 8 legal in Idaho?
Yes. Delta 8 is legal in Idaho. Delta 8 THC products are legal to manufacture, sell, buy, possess, and use in Idaho. However, if you manufacture food products using Delta 8 Distillate, you may need to first get a Food Establishment License from one of seven different Idaho Health District agencies.
Manufacture
Purchase
Possess
Use
Sell
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Idaho.
Idaho District Health Agencies (Food Establishment Licenses)
PUBLIC HEALTH DISTRICTS
There are seven different Idaho Health District agencies, each with their own Food Establishment Licenses. Below are a list of Idaho health districts with contact information and links to thier websites.
District 1: Panhandle Health District
1-208-415-5100
1-208-799-3100
1-208-455-5300
1-208-375-5211
1-208-737-5900
1-208-233-9080
1-208-522-0310
Idaho State Department of Agriculture (ISDA)
State Laws
HOUSE BILL NO. 126
ISDA Rules Governing Hemp Handbook
Industrial Hemp Research and Development Act
Idaho Approved Hemp Plan
Resources
Idaho Hemp Licensing
If you have any other questions about starting a hemp company in Idaho, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Illinois (IL)
Is Delta 8 legal in Illinois?
Yes. Delta 8 is legal in Illinois. Delta 8 THC products are legal to manufacture, sell, buy, possess, and use with one exception, flower. Delta 8 hemp flower (or any hemp flower for that matter) can only be sold by marijuana dispensaries. Subsequently, if you want to buy delta 8 flower, you must buy it at a marijuana dispensary and if you sell hemp flower for resale, you can only sell it to a marijuana dispensary. Also, if you manufacture or sell hemp-infused food products, you may need an Illinois Food License from the Illinois Department of Public Health (IDPH).
Manufacture
Purchase
Possess
Use
Sell
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Illinois.
Illinois Department of Public Health (IDPH)
Illinois Department of Agriculture (IDOA)
State Laws
Illinois Food Code Part 750
Illinois Food, Drugs and Cosmetic Act
The Illinois Food, Drug and Cosmetic Code
Illinois Industrial Hemp Act.
SB 2298
Administrative Code, TITLE 8: AGRICULTURE AND ANIMALS
Approved Hemp Plan
Resources
Illinois Hemp Licensing
If you have any other questions about starting a hemp company in Illinois, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Indiana (IN)
Is Delta 8 legal in Indiana?
Yes. Delta 8 is legal in Indiana. Delta 8 THC products are legal to manufacture, sell, buy, possess, and use with one exception, delta 8 hemp flower. Indiana banned the sale of hemp flower because it causes huge issues with law enforcement not being able to tell the difference between marijuana and hemp buds. If you manufacture or sell food products containing delta 8, you’ll need a Food Wholesale/Manufacturing Facility Permit from the Indiana Department of Health or, in some counties, a Retail Food Permit.
Manufacture
Purchase
Possess
Use
Sell
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Indiana.
Indiana Department of Health (IDH)
Office of Indiana State Chemist (OISC)
State Laws
Emergency Rule LSA Document #22-68 - effective 03-09-22
Emergency Rule LSA Document #22-68 – effective 03-09-22
Indiana Hemp Law 15-15-13. Chapter 13. Industrial Hemp
Indiana Labeling Statute, IC 16-42-2
IN Approved Hemp Plan (pdf)
Resources
Indiana Hemp Licensing
If you have any other questions about starting a hemp company in Indiana, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Iowa (IA)
Is Delta 8 legal in Iowa?
Most likely, but the total THC (Delta 8, Delta 9, THCa, THCv) must be less than 0.3%. There’s nothing like conflicting information about delta 8 coming from two Iowa state websites. I wish I could say this is the only state that does this, but I’d be mistaken. Below, you’ll find links to both sites and each’s stance on delta 8 THC. In my opinion (not an attorney), delta 8 is legal in Iowa in general. However, there are several hemp-derived product restrictions that either ban or cripple most delta 8 THC products. Have no fear, there are some exceptions.
What we know for sure:
Consumable hemp-derived products, including delta 8 THC products, are governed by the Iowa Department of Inspections & Appeals (DIA), not the Iowa Department of Agriculture & Land Stewardship (IDALS) Industrial Hemp Program.
I repeat, not the IDALS. This is important because the IDALS has stated on their Frequently Asked Questions section of the IDALS home page:
Are delta-8 hemp products legal in Iowa?
Iowa considers delta-8 not legal for possession or manufacture in Iowa.
I would absolutely believe this if it were consistent on both sites and the IDALS governed hemp-derived products. But it’s not and they don’t. IDALS oversees hemp cultivation, not hemp products. Not to mention I can’t find anything in the state statutes specifically banning Delta 8. However, they have placed some very limiting THC and product restrictions that do accomplish this for most delta 8 products.
The Iowa DIA, who does govern consumable hemp products, goes into detail about hemp-derived product restrictions. And in no place on their site do they specifically address banning delta 8. They do, however, have a laundry list of product restrictions that significantly limit Delta 8 THC products. You can view this list on Iowa’s Department of Inspections and Appeals (DIA)’s Consumable Hemp Products Page as shown below:
Prohibited Hemp Products in Iowa
The following consumable hemp products are banned:
- Those containing a total THC (inclusive of any isomers, derivatives, and analogs, whether naturally occurring or synthesized) greater than 0.3% (dry weight); – This includes all THC (Delta 9, Delta 8, THCa, THCv, etc.). This significantly limits the amount of Delta 8 THC in a gummy. For example, a 3.6g THC gummy can only have 10mg to stay under the 0.3%. Delta 8 Tinctures (30mL) will have a max of 85mg total THC per bottle. And Delta 8 vapes are completely over the limit. Plus, as you’ll read further down, all inhalable hemp products are illegal in Iowa.
- Those intended for inhalation (e.g., vape cartridges, rolling papers, cigarettes, cigars, pre-rolls, or wraps);
- Those manufactured in other countries or in jurisdictions without an approved USDA hemp plan. – This means you can’t sell any products manufactured overseas, which includes several large CBD brands. States without an approved USDA Hemp Plan are Hawaii, Mississippi, New Hampshire, North Carolina, Utah, and Wisconsin. You can, however, buy Hemp Lively wholesale hemp products which are all manufactured in Florida.
- Animal or pet products;
- Those marketed tor intended to cure, treat, mitigate, prevent disease, or affect the structure of the human body (this includes over-the-counter medications);
- Bread, cake, pie, or other “cottage food” items made in a person’s home kitchen or other residential space;
- Manufactured alcoholic beverages, meat or poultry products, or dairy products infused with hemp;
- Other food not produced in a licensed food-processing plant;
What delta 8 products can you sell in Iowa?
Well, that really depends on the size of the gummy.
Most gummies are 2.5g which would limit you to about 5mg. A 3.6g gummy 10mg. And a 5g gummy 15mg of total THC.
You can also get away with a low dose tincture with a max Total THC of 85mg per 30mL (2.8mg/mL)
A much more effective, and legal, THC product for Iowa residents would be a hemp-derived 10mg Delta 9 THC gummy (which you can buy at Hemp Lively). Delta 9 THC is 2.5 times more potent than Delta 8 THC and 10mg is a standard dose.
What delta 8 products can you sell in Iowa?
Well, that really depends on the size of the gummy.
Most gummies are 2.5g which would limit you to about 5mg. A 3.6g gummy 10mg. And a 5g gummy 15mg of total THC.
You can also get away with a low dose tincture with a max Total THC of 85mg per 30mL (2.8mg/mL)
A much more effective, and legal, THC product for Iowa residents would be a hemp-derived 10mg Delta 9 THC gummy (which you can buy at Hemp Lively). Delta 9 THC is 2.5 times more potent than Delta 8 THC and 10mg is a standard dose.
Is Delta 8 part of the Iowa Medicinal CBD program?
It’s possible. Once, you have participated in Iowa Department of Health’s (IDPH) Office of Medical Cannabidiol program, the restrictions on THC can be lifted opening the door for delta 8 products and other over 0.3% total THC products. This is an option for manufacturers to sell to medical professionals that participate in the program as well as buyers with a qualifying medical condition. See the “Iowa Department of Health’s (IDPH) Office of Medical Cannabidiol” section below for detailed information.
Manufacture (State Registration Required)
Purchase
Possess
Use
Sell (Total of all THCs (delta 8 + delta 9 + THCA + THCv, etc.) must be less than 0.3%.
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Iowa.
Iowa Department of Inspections & Appeals (DIA) - Consumable Hemp Products (Topicals)
Iowa Department of Inspections & Appeals (DIA)
Iowa Department of Inspections & Appeals (DIA) – Consumable Hemp
Ingestible Hemp excluding Smokable and Vaping hemp-derived products
DIA Consumable Hemp Fact Sheet (PDF)
What is Consumable Hemp (per the DIAs Website)?
“Consumable hemp is a liquid or solid hemp product intended to be introduced into the human body by ingestion or internal absorption, including but not limited to: food, chew or snuff, oils and lotions, and hemp processed or otherwise manufactured, marketed, sold, or distributed as food (e.g., “gummies”), a food additive, a dietary supplement, or a drug.
Consumable hemp products do not include those intended to be introduced into the human body by any method of inhalation, which are prohibited under Iowa Code 204.14A. Violation of Iowa Code 204.14A(1) is a criminal offense (serious misdemeanor).
Animal products as well as products marketed or intended to “cure, treat, mitigate, prevent disease, or affect the function of the human body,” including products marketed as over-the-counter medication, are also prohibited. Additionally, consumable hemp products manufactured or sold in Iowa must contain 0.3% or less total THC to be legal.”
Iowa Department of Inspections & Appeals (DIA) - Food Establishments (Extraction & Ingestible Hemp Products)
Iowa Department of Inspections & Appeals (DIA)
Click the link below if you sell or manufacture hemp-infused food, ingestible, or edible hemp products.
Iowa Department of Inspections & Appeals (DIA) – Food Establishments
DIA Consumable Hemp Fact Sheet (PDF)
Iowa Department of Health’s (IDPH) Office of Medical Cannabidiol
Iowa Department of Health’s (IDPH) Office of Medical Cannabidiol
Medicinal CBD Products for licensed medical professionals
To purchase medical cannabidiol (CBD) products, a medical card is required. Medical CBD is only sold at facilities licensed and regulated by the Iowa Department of Public Health (IDPH). Medical CBD products contain THC amounts that exceed 0.3%.
The IDPH created the Office of Medical Cannabidiol (OMC) to ensure medical patients with serious medical conditions have access to high-quality, effective, and compliant medical cannabidiol. This program sets standards for both the products and caregivers. With the number of unregulated CBD products on the market, the OMC’s goal is to offer CBD products for their debilitating medical condition from a certified Health Care Practitioner (HCPC). This does not stop patients from buying CBD products or other hemp-derived products online or at their local smoke shop. This simply ensures quality and testing standards should the patient choose to obtain their CBD products through this program. There is a 4.5g THC per 90 days limit with this program which can be waived if your Healthcare Provider certifies you have a terminal condition or if you’ve participated in the program with CBD and your healthcare provider then feels additional THC will be necessary for your relief.
Qualifying Conditions
An Iowa resident may qualify for Iowa’s Medical Cannabidiol Program if their Healthcare Practitioner certifies they have one of the following Qualifying Debilitating Medical Conditions:
- Cancer – if the illness or its treatment produces one or more of the following: severe or chronic pain, nausea or severe vomiting, cachexia or severe wasting.
- Seizures
- Crohn’s disease
- Chronic pain
- Multiple Sclerosis with severe and persistent muscle spasms
- AIDS or HIV (as defined in Iowa Code, section 141A.1)
- Amyotrophic lateral sclerosis (ALS)
- Parkinson’s disease
- Post-Traumatic Stress Disorder (PTSD)
- Any terminal illness with a probable life expectancy of under one year – if the illness or its treatment produces one or more of the following: severe or chronic pain, nausea or severe vomiting, cachexia or severe wasting
- Ulcerative colitis
- Severe, intractable pediatric autism with self-injurious or aggressive behaviors
- Severe, intractable autism with self-injurious or aggressive behaviors
- Corticobasal Degeneration
Application for Patients and Caregivers
Forms
Medical Cannabidiol Information for Patients and Caregivers
Information for Patients about Medical Cannabidiol in Iowa (PDF)
Guidance on Suggested Use Documents for Healthcare Practitioners
- General Guidance on the Suggested Use of Medical Cannabis
- Guidance on the Suggested Use of Medical Cannabis – Chronic Pain
- Guidance on the Suggested Use of Medical Cannabis – PTSD
- Guidance on the Suggested Use of Medical Cannabis – ALS
- Guidance on the Suggested Use of Medical Cannabis – Alzheimer’s
- Guidance on the Suggested Use of Medical Cannabis – HIV/AIDS
- Guidance on the Suggested Use of Medical Cannabis – Multiple Sclerosis
- Guidance on the Suggested Use of Medical Cannabis – Autism
- Guidance on the Suggested Use of Medical Cannabis – Cancer
- Guidance on the Suggested Use of Medical Cannabis – Cancer and Chemotherapy-Induced Nausea and Vomiting
- Guidance on the Suggested Use of Medical Cannabis – Crohn’s Disease and Ulcerative Colitis
- Guidance on the Suggested Use of Medical Cannabis – Epilepsy
Iowa Department of Agriculture & Land Stewardship (IDALS) - Industrial Hemp (Farming, Cultivation)
State Laws
Iowa Administrative Code 481, Chapter 32 (Consumable Hemp Products)
Iowa Administrative Code 481, Chapter 32 (Consumable Hemp Products)
Advisory Notice in Iowa Administrative Bulletin
Iowa Hemp Administrative Rules
Iowa Hemp Statute
Iowa Code Chapter 204 (Iowa Hemp Act)
Iowa Code Chapter 204 (Iowa Hemp Act)
Agriculture and Land Stewardship Chapter 96 HEMP
Iowa Approved Hemp Plan
Resources
Iowa Hemp Licensing
If you have any other questions about starting a hemp company in Iowa, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Kansas (KS)
Is Delta 8 legal in Kansas?
Yes. Delta 8 is legal in Kansas. Delta 8 products are legal to manufacture, sell, buy, possess, and use. However, if you manufacture food products like Delta 8 THC Gummies, you will first need to obtain a Food Processing and/or Food Storage License from the KDA’s Division of Food Safety and Lodging
✔️ Manufacture
✔️ Purchase
✔️ Possess
✔️ Use
✔️ Sell
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Kansas.
Kansas Department of Agriculture (KDA) - Food Safety and Lodging
Kansas Department of Agriculture (KDA) Division of Food Safety and Lodging
Food Manufacturing and Storage Licenses
There are no licensing requirements to manufacture or sell hemp-derived products specifically. However, if you manufacture (package, extract, bottle, etc.) or store hemp-derived food products such as delta 8 gummies, you will need a Food Processor License or Food Storage License through the Kansas Department of Agriculture.
Food Processing Plant: Processing includes manufacturing, preparing, packaging, labeling, cooking, canning, extracting, extruding, fermenting, distilling, pickling, freezing, baking, drying, smoking, grinding, cutting, mixing, coating, stuffing, packing, bottling, packaging or any other treatment or preservation process, the receipt and salvaging of distressed food for sale or distribution to other business entities such as food establishments, food warehouses and other food processing plants.
Application for a Food Processing Plant License (online)
Food Processing App (fillable PDF)
Food Storage Facility: Storing includes any premises, establishment, building, room area, facility or place, in whole or in part, where food is stored, kept or held, regardless of whether the food is temperature controlled, for distribution to other wholesalers, retail food stores, food service establishments or any other facility that sells or distributes to the ultimate consumer.
Kansas Department of Agriculture (KDA) - Plant Protection and Weed Control - Industrial Hemp Program
State Laws
Kansas Food Safety & Lodging Program State Statutes
Kansas Food Code
Kansas Approved Hemp Plan
Kansas Statutes Chapter 2 Agriculture: Industrial Hemp
Resources
Kansas Hemp Licensing
Kansas Hemp Frequently Asked Questions
If you have any other questions about starting a hemp company in Kansas, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Kentucky (KY)
Is Delta 8 legal in Kentucky?
Yes, however Delta 8 Hemp Flower is banned. Delta 8 is legal in Kentucky. Delta 8 THC products are legal to manufacture, sell, buy, possess, and use. However, if you are manufacturing, storing, or selling hemp-infused food products such as delta 8 gummies, you may need a Food Permit from the Kentucky Department of Public Health (DPH) – Food Safety Branch (FSB).
Kentucky also has banned selling flower unless you have a Processor/Handler License which is impossible to get if you are a retail store or have an ecommerce business only and not an approved Farm or Processing Facility for industrial hemp.
By law, “it is unlawful for anyone without either a Grower License or a Processor/Handler License issued by the Kentucky Department of Agriculture for the Hemp Licensing Program, to possess hemp leaf or floral materials. See below for the pertinent state law (KRS 260.858) and Kentucky Administrative Regulation (302 KAR 50:070).” Therefore, if you are a retail store or have an ecommerce business only, you would not be able to obtain a Processor License and therefore cannot sell hemp flower, hemp cigarettes, or hemp pre-rolls.
✔️ Manufacture
✔️ Purchase
✔️ Possess
✔️ Use
✔️ Sell
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Kentucky.
Kentucky Department of Public Health (DPH) - Food Safety Branch (FSB)
Food Safety Branch of the Kentucky Department for Public Health’s Division of Protection and Safety
The Food Safety Branch of the Department for Public Health protects consumers from the sale of adulterated, misbranded and falsely labeled foods and food products. We help make sure food products are safe in restaurants, grocery stores, hospitals, nursing homes, schools, food processing plants, food/beverage vending machines, hotels, fairs, festivals and other locations where food is offered to the public. The Food Safety Branch provides technical assistance and guidance to health departments carrying out state laws and regulations at the local level. The branch also provides training and information to the industry and consumers and issues permits to qualified providers.
Contact Information
Phone:(502) 564-5497
Toll Free:(800) 372-2973
Mailing Address: 275 E. Main St. Frankfort, KY 40621
Email: CHFS.Listens@ky.gov
Licensing
Which Food Safety Branch Permit Do I Need?
Retail Food Program
Local health departments issue permits to qualified retail food operations like grocery stores, restaurants, temporary operations, concessions, food trucks and micro markets.
Food Manufacturing Program
The Food Manufacturing Program oversees businesses that formulate and process food for wholesale distribution and grain storage facilities and food storage warehouses.
Kentucky food and cosmetic processing, packaging, storage, and distribution operations.
Commercial Food and Cosmetic Manufacturing in Kentucky: A Starter Guide
Hemp-derived cannabinoid products; packaging and labeling requirements.
Label Requirements for Commercial Food Processors
Contact Information
Phone:(502) 564-7181
Mailing Address
275 E. Main St. HS1CF
Frankfort, KY 40621
Food Safety Branch (DPH)
Emailfood.safety@ky.gov
Kentucky Department of Agriculture (KDA)
State Laws
902 KAR 45:190.Hemp-derived cannabinoid products; packaging and labeling requirements.
902 KAR 45:160.Kentucky food and cosmetic processing, packaging, storage, and distribution operations.
302 KAR 50:070. Prohibited products.
Kentucky Department of Agriculture Hemp Law
Senate Bill 124
Kentucky Food Code
Kentucky Revised Statutes
302 KAR 50:031. Procedures and policies for hemp processors and handlers.
KY Approved Hemp Plan
Resources
Kentucky Hemp Licensing
If you have any other questions about starting a hemp company in Kentucky, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Louisiana (LA)
Is Delta 8 Legal in Louisiana?
Yes, but highly regulated and restricted. Flower and Vapes are banned. Delta 8 is legal in Louisiana. Delta 8 THC products are legal to manufacture, sell, buy, possess, and use. However, the state of Louisiana has several restrictions regarding their new class of hemp products called “adult use hemp products”.
Adult-use consumable hemp products contain more than 0.5 mg of total THC per package, while consumable hemp products contain less than 0.5 mg of total THC per package. The total THC (including delta variants like Delta 8) must remain under 8 mg per serving and 1% of the total serving weight while maintaining the delta 9 THC concentration limit of 0.3%.
Adult-Use Consumable Hemp Products must have:
- less than 8mg of Total THC per serving, and
- less than 1% total THC, and
- less than 0.3% Delta 9 THC, and
- must not be inhalation products (vapes, flower, pre-rolls)
Here are some examples of compliant Delta 8 THC Products in Louisiana (if licensed and registered)
- Delta 8 THC Tincture (maximum strength 240mg per bottle (total THC which means your Delta 8 would be less than 240) or 8mg/mL Total THC. Therefore, a 200mg or 225mg Delta 8 THC Tincture would most likely be compliant if formulated correctly.
- Delta 8 Gummies would need a max strength of about 7.5mg Delta 8 to stay below to max serving size of 8mg Total THC.
There are also some additional labeling requirements labelling for “adult use” products. On a side note, adult use products are not just THC products. The threshold of 0.5mg of THC is per package, not per serving which is not a lot at all. For example, if you have a 1,200mg Full Spectrum CBD tincture or Whole Plant Hemp Oil with slightly less than 0.3% THC, you’d have around 10mg of THC in the tincture bottle.
As a Louisiana license holder, Hemp Lively knows first hand how strict this state is regarding their policies. First off, to sell any product in Louisiana, you must first submit your products labels, then obtain the required manufacturing, wholesale, or retail licenses. If you do not and your products are found at stores for sale, Louisiana is one of the few states that pulls products off those shelves if they are not registered.
➖ Manufacture (State Registration Required)
✔️ Purchase
✔️ Possess
✔️ Use
➖ Sell (State Registration Required)
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Louisiana.
Louisiana Department of Health (LDH)
Louisiana Department of Revenue (LDR)
Louisiana Department of Revenue (LDR)
State Taxes on hemp and hemp-derived products
Hemp retailers are subject to a 3% excise tax. Please visit the Louisiana Department of Revenue website for more information.
Who is required to pay the Industrial Hemp-Derived CBD Tax?
CBD tax is an excise tax imposed on and owed directly by the retailer. It is not collected from the retail customers.
For purposes of the CBD tax, retailers include any and all persons, corporations, partnerships, limited liability companies (LLCs) or other organizations who sell or offer for sale industrial hemp-derived CBD products at retail.
Any person who imports industrial hemp-derived CBD products into this state for use or consumption is also a retailer for purposes of the CBD tax and must pay the excise tax. This includes anyone who purchases these products online.
Louisiana Department of Revenue (LDR) FAQs
The Louisiana Office of Alcohol and Tobacco Control (ATC)
Louisiana Department of Agriculture & Forestry (LDAF)
Louisiana Department of Agriculture & Forestry (LDAF) Industrial Hemp Program
- Grower License ($500.00) – authorizes the licensee to possess, store, cultivate, trim, dry, cure, and transport industrial hemp.
- Seed Producer ($500.00)- authorizes the licensee to produce, transport, and sell approved seeds and transplants to other industrial hemp licensees.
- Handler ($500.00)- authorizes the licensee to transport for compensation, commercially harvest, store, grind, clean, package, broker and test industrial hemp and hemp seed.
- Processor License ($500.00)- authorizes the licensee to possess, store, transport, and process ‘non-consumable’ industrial hemp.
You can apply to any of the above licenses by using one of the application methods below.
State Laws
LaHemp.net Rules and Regulations Links
HOUSE BILL NO. 491 Act No. 164
Hemp Revised Definitions and Requirements
HOUSE BILL NO. 758 ACT No. 498
HOUSE BILL NO. 640 ACT No. 336
Emergency Rule for the protection of Public Health
Delclaration of Emergency LDR Registration of Foods, Drugs, Cosmetics and Prophylactic Devices
Industrial Hemp Law
RS 3:1461 Part V. INDUSTRIAL HEMP
ACT No. 498
LA Approved Plan (pdf)
Resources
Louisiana Hemp Licensing
Louisiana Hemp Licensing Requirements
Labelling Requirements
Louisiana Consumable Hemp Labelling Requirements
- “Adult-use” hemp products – any item containing more than 0.5 mg THC – must be declared as “adult-use” (or similar language) on label
- For non-floral products, THC content per serving may not exceed 8 mg
- Retail packages need to bear labelling or markings clearly identifying a single serving
- Labels must indicate the quantity of THC per serving, serving size, and total servings per package
- Certificates of analysis must include phytocannabinoid content expressed as a percentage of the product mass
- Certificates of analysis must include total THC per serving, total number of servings, and total THC per package–all expressed in milligrams per gram or milligrams per milliliter
- Applications for new hemp product registration must include verification that the products are produced from hemp
- Products may be designated “Louisiana Hemp Products” and bear a Louisiana Hemp Product logo if and only if grown and produced in Louisiana and registered as such with the department.
If you have any other questions about starting a hemp company in Louisiana, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Maine (ME)
Is Delta 8 legal in Maine?
Yes. Delta 8 is legal in Maine. Delta 8 THC products are legal to manufacture, sell, buy, possess, and use. However, to manufacture or sell both edible or smokable delta 8 products, you must obtain a license for each to be compliant with Maine law. These licenses are not specific to hemp or delta 8 but are required to sell these types of products.
✔️ Manufacture
✔️ Purchase
✔️ Possess
✔️ Use
✔️ Sell
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Maine.
Maine DACF's Division of Quality Assurance & Regulations
Maine Grocers and Food Producers Association (MGFPA)
Maine Department of Health and Human Services (DHHS) Division of Environmental and Community Health (FLOWER & VAPING PRODUCTS)
Maine Department of Health and Human Services (DHHS) Division of Environmental and Community Health
If you sell any smokable products including vaping, whether or not they contain nicotine, you must register with the DHHS Division of the Environmental and Community Health as a Tobacco Distributor
Division of Environmental and Community Health
Tobacco Rules
Tobacco products may not be sold to any person under 21 years of age. Tobacco retailers must not sell tobacco products to anyone under 30 years old without first verifying the customer’s age by photo ID. Tobacco products include, but are not limited to, cigarettes, cigars, hookah, pipe tobacco, chewing tobacco, snuff or snus, electronic smoking devices, and any components or accessories used in the consumption of a tobacco product, such as filters, rolling papers, pipes and liquids used in electronic smoking devices, whether or not they contain nicotine.
For free retailer guidance visit: www.preventionforme.org/retailer-workplace. For free online employee training to Block Underage Tobacco Sales (NO BUTS!) visit: www.nobutstraining.com.
Guidance regarding Maine’s retail tobacco and workplace smoking laws, contact Devon Cummings, Tobacco Enforcement Coordinator, Office of the Attorney General, at Devon.L.Cummings@maine.gov or (207) 626-8574; or the Maine CDC Tobacco and Substance Use Prevention and Control program at tsup.dhhs@maine.gov or (207) 287-4627.
Maine Licensed Tobacco Distributor Required for a New or Renewal Tobacco License
Maine Department of Agriculture Conservation & Forestry (DACF)
State Laws
Tobacco Notice - 12/20/19 (PDF)
An Act To Clarify That Food and Food Products Containing Hemp-derived Cannabidiol Produced and Sold within the State Are Not Adulterated and To Match the State's Definition of "Hemp" to the Definition in Federal Law
Hemp Products in Maine & The Regulations That Apply To Them
Title 7: AGRICULTURE AND ANIMALS Part 5: PLANT INDUSTRY Chapter 406-A: HEMP
State of Main Hemp Handbook
Maine Approved Hemp Plan
Resources
Maine Hemp Licensing
If you have any other questions about starting a hemp company in Maine, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Maryland (MD)
Is Delta 8 legal in Maryland?
Yes. Delta 8 THC is legal in Maryland. Delta 8 THC products are legal to buy, sell, use, possess, and manufacture. However, if you manufacture hemp-infused delta 8 food products, you may need a Food Processing Permit through the Maryland Department of Health (MDH) Office of Food Protection’s Center for Food Processing (CFP). And if you manufacture Delta 8 THC vapes, you may also need to first obtain a Cigarette and Other Tobacco Products (OTP) License.
✔️ Manufacture
✔️ Purchase
✔️ Possess
✔️ Use
✔️ Sell
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Maryland.
Maryland Center for Food Processing (CFP)
Maryland Center for Food Processing (CFP)
The Center for Food Processing (CFP) is responsible for licensing and inspecting facilities that make, process, store, hold or distribute food to sell wholesale to other businesses in the State of Maryland.
Maryland Department of Health (MDH)
Maryland Department of Health (MDH)
Office of Food Protection
The MDH’s Office of Food Protection has a Division called the Center for Food Processing (CFP) which issues Food Establishment Permits to Manufacture, Wholesale, or Distribute Food products in Maryland which would also include hemp-infused food products or edibles.
ALCOHOL AND TOBACCO COMMISSION LICENSING AND PERMITTING UNIT
If you sell vaping products, you may need a tobacco license.
CIGARETTE AND OTHER TOBACCO PRODUCTS (OTP) LICENSES APPLICATION
Frequently Asked Questions (FAQ) for Maryland Tobacco Retailers
Maryland Department of Agriculture (MDA)
State Laws
HB 1123
HB 698
MD Approved Hemp Plan (pdf)
Title 15 MARYLAND DEPARTMENT OF AGRICULTURE Subtitle 01 OFFICE OF THE SECRETARY 15.01.17 Hemp Farming Program
Resources
Maryland Hemp Licensing
If you have any other questions about starting a hemp company in Maryland, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Massachusetts (MA)
Is Delta 8 legal in Massachusetts?
Maybe. But, before we get into delta 8, let’s go over one thing that’s clear. Hemp Flower can only be sold by licensed marijuana dispensaries. Let’s dive into the Delta 8 debate in Massachusetts and I’ll show you why I think these state notifications may not accurately reflect the law.
Massachusetts is one of several states that post notices about the legality of Delta 8 and other hemp-derived products but may not accurately reflect how the state law was written. Furthermore, in most of these cases, their opinion on the matter may also be superseded by the 2018 Farm Bill.
The Massachusetts Department of Agricultural Resources (“MDAR”) posted this notification in December of 2022. The statutes they reference are below and seem to show something contradictory.
Massachusetts Delta 8 THC Notification (12/2022)
“The Massachusetts Department of Agricultural Resources, Hemp Program (“MDAR”) has jurisdiction over the production and processing of hemp and hemp-derived products as set forth in M.G.L.c. 128, 330 CMR 32.00 and CFR Part 990. Recently, hemp derived-products containing delta-8 THC have been seen in the marketplace.
Delta-8 THC is a psychoactive chemical found in cannabis, which includes both marijuana and hemp. Delta-8 THC can occur naturally in a cannabis plant but is not found in significant quantities. Consequently, concentrated amounts of delta-8 THC (such as those seen in consumer products) are typically manufactured synthetically from hemp-derived CBD.
While the 2018 Farm Bill did remove hemp from the Controlled Substance Act, it did not impact the control status of THC or other synthetically derived cannabinoids, thus delta-8 THC remains a controlled substance regardless of the source. M.G.L.c. 128, Section 117 specifically authorizes MDAR to determine the reasonable commercial uses for hemp. As a result, MDAR has prohibited the sale and manufacture of any hemp-derived delta-8 products within or in the Commonwealth.”
Let’s look at Section 117 to see if it truly authorizes the MDAR to override the Farm Bill by determining a “reasonable commercial uses for hemp”
Section 117: Industrial hemp; regulation; acquisition of seed
Section 117.(a) Industrial hemp may be planted, grown, harvested, possessed, processed, bought, sold or researched subject to sections 116 to 123, inclusive. The planting, growing, harvesting, possessing, processing, selling or research of industrial hemp as an agricultural product shall be subject to the supervision and approval of the department pursuant to sections 116 to 123, inclusive.
(b) A person planting, growing, harvesting, possessing, processing or selling industrial hemp for commercial purposes shall: (i) be licensed by the department pursuant to section 118; and (ii) only acquire hemp seeds from a distributor approved by the department.
(c) Industrial hemp shall only be used for the following: (i) research purposes; and (ii) commercial purposes considered reasonable by the commissioner.
117 (c) does mention “commercial purposes considered reasonable by the commissioner”. However, it is clearly talking about “Industrial Hemp” in this statute, not “hemp” as stated in their notice. Now, let’s look at the definitions for both “hemp” and “industrial hemp” as it relates to this section which they are claiming gives them authority to ban delta 8. Both are clearly defined in Section 116 titled “Definitions applicable to Secs. 117 to 123”
Section 116: Definitions applicable to Secs. 117 to 123
Section 116. As used in this section and sections 117 to section 123, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:
- ”Hemp”, the plant of the genus cannabis and any part of the plant, whether growing or not, with a delta–9–tetrahydrocannabinol concentration that does not exceed 0.3 per cent on a dry weight basis or per volume or weight of marijuana product or the combined per cent of delta–9–tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant of the genus cannabis regardless of moisture content.
- ”Industrial hemp”, hemp that is used exclusively for industrial purposes including, but not limited to, the fiber and seed.
Bingo. Industrial Hemp is “hemp that is used exclusively for industrial purposes”. Examples being fiber and seed. This is a clear example, like shown in other states, that the authority they are quoting is incorrect. However, their definition of “hemp” is correct. Therefore, “Hemp” products containing delta 8 should only be compliant with the definition of hemp with less than 0.3% Delta 9 THC and THCa.
While delta 8 products may or may not be legal in Massachusetts, it seems that the state is not a fan of delta 8. So, even if their legal argument is moot because the 2018 Farm Bill may override that argument, the Massachusetts’ government bodies can still cause some troubles for you if they attempt to start pulling Delta 8 products off the shelves of stores you sell to.
➖ Manufacture (State Registration Required)
✔️ Purchase
✔️ Possess
✔️ Use
✔️ Sell
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Massachusetts.
Massachusetts Department of Public Health (DPH)
Massachusetts Department of Agriculture Resources (MDAR)
Massachusetts Department of Agriculture Resources (MDAR) Industrial Hemp Program
Licensing for Growers and Processors
MA Industrial Hemp Program Licensing Information
- MA Hemp Producer License Application 2022 (PDF)
- MA Hemp Processor License Application 2023 (PDF)
- MA Hemp Dual Producer Processor License Application 2023 (PDF)
How to Apply by Mail
Between 12/1 – 4/30, you can send your application along with the $100 non-refundable application fee to:
MDAR Hemp Program
225 Turnpike Road; Room 302
Southborough, MA 01772
In-person application or fee submissions will not be accepted.
Resources for MA Hemp Program Licensees
POLICY STATEMENT REGARDING THE SALE OF HEMP-DERIVED PRODUCTS IN THE COMMONWEALTH (2021)
MA Hemp Program Contact Information
Address
Cannabis Control Commission (CCC) - Marijuana & Hemp Flower Only
The Cannabis Control Commission (CCC) does not regulate hemp or hemp-derived products in any way. However, if you sell hemp flower, you can only sell hemp flower in Massachusetts to CCC licensed marijuana dispensaries. You cannot sell directly to a consumer or to smoke shops or other retail stores.
GUIDANCE ON SELLING HEMP AND HEMP-DERIVED PRODUCTS TO MARIJUANA ESTABLISHMENTS
Guidance on Selling Hemp and Hemp-Derived Products to Marijuana Establishments (PDF)
State Laws
MDAR Delta 8 Notification
MGL 128 Section 116: Definitions applicable to Secs. 117 to 123
MGL 128 Section 117: Industrial hemp; regulation; acquisition of seed
MGL 128 Section 118: Purposes for which industrial hemp may be planted, grown, harvested, possessed, processed or sold; registration and licensure
330 CMR 32.00: Hemp production
POLICY STATEMENT REGARDING THE SALE OF HEMP-DERIVED PRODUCTS IN THE COMMONWEALTH
GUIDANCE ON SELLING HEMP AND HEMP-DERIVED PRODUCTS TO MARIJUANA ESTABLISHMENTS
Open PDF file, 390.71 KB, for105 CMR 500.000: Good Manufacturing Practices for Food
2022 Hemp Processor Policy
MA Approved Hemp Plan (pdf)
Resources
Massachusetts Hemp Licensing
If you have any other questions about starting a hemp company in Massachusetts, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Michigan (MI)
Is Delta 8 legal in Michigan?
Yes. Delta 8 is legal in Michigan. Delta 8 THC products are legal to manufacture, sell, buy, possess, and use. However, to process (extract) hemp, manufacture finished hemp-derived delta 8 products, or to sell delta 8 THC products in a retail establishment or online, you need a Hemp Processor-Handler License from the Cannabis Regulatory Agency (CRA). The decision to regulate delta 8 by including it under the same regulations as marijuana was a much better decision than attempting to ban it.
➖ Manufacture (State Registration Required)
✔️ Purchase
✔️ Possess
✔️ Use
➖ Sell (State Registration Required)
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Michigan.
Michigan Department of Agriculture & Rural Development (MDARD)
Michigan Department of Agriculture & Rural Development (MDARD)
MDARD Pesticide and Plant Pest Management Division Industrial Hemp Program
Questions regarding industrial hemp should be directed to MDARD:
MDARD-Industrialhemp@michigan.gov
800-292-3939
MDARD Pesticide and Plant Pest Management Division
MDARD Pesticide and Plant Pest Management Division Industrial Hemp Program
Questions regarding industrial hemp should be directed to MDARD:
MDARD-Industrialhemp@michigan.gov
800-292-3939
Michigan Cannabis Regulatory Agency (CRA)
State Laws
HOUSE BILL No. 4740
HOUSE BILL No. 4741
HOUSE BILL No. 4742
HOUSE BILL No. 4743
HOUSE BILL No. 4744
HOUSE BILL No. 4746
Michigan Hemp Production Plan
MI Approved Hemp Plan (pdf)
Resources
Michigan Hemp Licensing
If you have any other questions about starting a hemp company in Michigan, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Minnesota (MN)
Is Delta 8 legal in Minnesota?
Yes. Delta 8 is legal in Minnesota but there are limitations on the amount of total THC. Delta 8 THC products are legal to manufacture, sell, buy, possess, and use. However, Minnesota’s Board of Pharmacy who, as of July 1, 2022, oversees the sale of hemp extracts and hemp-derived products made for human consumption, has placed the following restrictions on the amount of total THC per serving and per package. Total THC is the combined total of all THC cannabinoids including delta 8, delta 9, THCa, THCv, etc. The following limits apply to all edible and ingestible hemp and delta 8 products including Delta 8 THC gummies, tinctures, and vapes.
- No more than 5mg of Total THCs (combined.) per single serving.
- No more than 50mg Total THC per package, and
- Total THC must be less than 0.3%.
Furthermore, Minnesota Statutes section 151.72, subdivision 5a, state that edible cannabinoid products must not “be made by applying an extracted or concentrated hemp-derived cannabinoid to a commercially available candy or snack food item.” The Board interprets the word “applying” to include adding the cannabinoid to a commercially available food product in any manner. Accordingly, edible cannabinoid products cannot be made by combining an extracted or concentrated hemp-derived cannabinoid with a commercially produced candy, snack food item, or other food.
I interpret this to mean that you can’t buy already made gummies and spray on delta 8 distillate or roll them in isolate (usually mixed with sugar). Infused Delta 8 gummies manufactured to compliant strengths should be fine. However, you may need to obtain a food establishment permit to certify your manufacturing facility first.
✔️ Manufacture
✔️ Purchase
✔️ Possess
✔️ Use
✔️ Sell
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Minnesota.
Minnesota Board of Pharmacy
The Minnesota Board of Pharmacy regulates the sale of hemp extracts and cannabinoid products for human consumption in Minnesota. As of July 1, 2022, this includes edible cannabinoid products which are intended to be eaten or consumed as a beverage by humans, contains a cannabinoid in combination with food ingredients, and are not drugs. More information can be found in the Minnesota Board of Pharmacy Hemp Derived Products Frequently Asked Questions document on the Minnesota Board of Pharmacy website and in Minnesota Statute 151.72.
Minnesota Board of Pharmacy Hemp-Derived Cannabinoid Products Guidance
Minnesota Board of Pharmacy Hemp-Derived Products Frequently Asked Questions June 30, 2022
Minnesota Department of Agriculture (MDA)
State Laws
2022 Minnesota Statutes 151.72 SALE OF CERTAIN CANNABINOID PRODUCTS.
2022 Minnesota Statutes CHAPTER 151. PHARMACY PRACTICE AND WHOLESALE DISTRIBUTION ACT
Minnesota Administrative Rules CHAPTER 1565, HEMP
Minnesota Statute 151.72.
2022 Minnesota Statutes CHAPTER 18K. INDUSTRIAL HEMP DEVELOPMENT
MN Approved Hemp Plan (pdf)
Resources
Minnesota Hemp Licensing
If you have any other questions about starting a hemp company in Minnesota, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Mississippi (MS)
Is Delta 8 legal in Mississippi?
Yes. Delta 8 is legal in Mississippi. Delta 8 THC products are legal to manufacture, sell, buy, possess, and use. However, if you manufacture or sell food or edible products, you may need a Food Permit from the Mississippi State Department of Health.
✔️ Manufacture
✔️ Purchase
✔️ Possess
✔️ Use
✔️ Sell