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

With all of the excitement around Delta-8, people have a lot of practical questions. Like…

After getting their initial questions answered, most people want to know whether or not they can buy delta-8, particularly whether or not they are old enough.

In the United States, the answer to “How old do you have to be to buy Delta-8 THC?” is best answered. It depends. Delta-8 is in a bit of a legal grey area because it’s a semi-synthetic cannabinoid. 

These are the main things to consider:

  • Federal law
  • State law
  • Individual vendor policies

We will explain each of these below. 

Is Delta 8 Federally Legal?

The short answer is that Delta 8 is federally legal. The 2018 Farm Bill legalized hemp-derived cannabinoids, including Delta 8 THC. However, there is some confusion about whether or not Delta 8 is legal because while it is a derivative of federally legal CBD, some would argue that it’s synthetically derived.

The U.S. Court of Appeals for the Ninth Circuit has ruled that Delta 8 is not covered by the Controlled Substances Act (CSA). This means that it is legal to produce, sell, and consume Delta 8, as long as it is derived from hemp and contains less than 0.3% Delta 9 THC. The Drug Enforcement Administration has also agreed that Delta 8 falls under the Farm Bill and is therefore federally legal.

However, it is important to note that Delta 8 is not currently regulated by the U.S. Food and Drug Administration (FDA). This means that there is no quality control for Delta 8 products, and they may not be safe for human consumption. For this reason, it is important to do your research before purchasing any Delta 8 products.

Are There Federal Age Restrictions On Delta 8?

Currently, there are no federal age restrictions for purchasing Delta 8. The various agencies of the federal government, including the FDA and DEA, have decided to leave this up to the states.

So what does that mean?

The lack of federal regulation means that you need to check state law to see how old you need to be to purchase Delta 8.

What is the Legal Age to Purchase Delta-8 in Your State?

There are basically three different ways that your state might regulate purchasing Delta-8.

  1. Some states have banned it entirely, making Delta-8 illegal.
  2. Some states have set a different age limit for Delta-8 than CBD, usually 21 years old.
  3. Most states regulate Delta-8 the same as CBD, which can be purchased at 18 years old.

So what does all of this mean?

Vendors need to comply with state laws, and most vendors sell to multiple states. This means that usually just default to the older age to make sure they are compliant.

In states where it’s legal, the age limit for buying Delta-8-THC is either 18 or 21 years old. To avoid complications with the law, most vendors of Delta-8 only sell to people 21 and up.

States With Delta-8-THC Restrictions

The following states have some form of Delta-8 restriction. This could mean anything from an outright ban to restricting its sale to recreational cannabis dispensaries. 

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

Do you need custom private label Delta 8 products produced for your CBD business?


Do you need custom private label Delta 8 products produced for your CBD business?


The Law Is Changing Rapidly

Delta-8-THC has become hugely popular. This concerns some in the prohibition movement that want to limit people’s access to mind-altering substances. 

If you value your access to this amazing cannabinoid, let your state representatives know. Let’s ensure that it’s available for everyone in the future. 



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