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

Published Sat, October 08, 22

Delta is an amazing, hemp-derived alternative to conventional THC, but are its impressive benefits available to everyone? As you’ll learn, there is no specific federal legislation placing an age limit on delta 8 sales, but some states have taken measures to restrict the sale of this alternative cannabinoid to one degree or another. Dive into our in-depth guide to the age you need to be to buy delta 8 across the country.

Is there an age limit for delta 8?

No, there is no federal age limit on delta 8 sales as there is on the sale of tobacco and alcohol. This means that the federal government has not established any laws specifically designating that you must be a certain age to buy delta 8.

Any individual capable of making an online transaction, therefore, is technically capable of buying delta 8 online. Most manufacturers, however, will not sell delta 8 to anyone under the age of 18, and some set their delta 8 age limits as high as 21.

Certain states, such as Maryland, have also passed laws restricting delta 8 sales to individuals over the age of 21. While other states have generally taken the more heavy-handed approach of outright banning delta 8, it’s likely that age-based laws will become more commonplace as delta 8 becomes unavoidably widespread.

Delta 8 age limits by product type

Generally, delta 8 age limits apply to all products containing considerable concentrations of this cannabinoid. In some cases, however, certain delta 8 products may be more restricted than others:

— Can you buy a delta 8 cart at 18?

In many states, vaping in general is limited to individuals over the age of 18, 19, or 21. Consult with your individual state laws regarding vaping to determine how old you need to be to buy a vape cart, and then check delta 8 laws to make sure carts containing this cannabinoid are also allowed.

— How old do you have to be to buy delta 8 flower?

Some states have imposed bans on smokable hemp in general, and though these bans were generally enacted to restrict the sale of CBD flower, they often apply to delta 8 flower as well. Consult with state laws to determine if hemp flower is legal where you live, and then make sure that delta 8 is legal as well.

— How old do you have to be to buy delta 8 pre-rolls?

Pre-rolled joints containing delta 8-rich hemp flower (delta 8 pre-rolls) are generally treated the same as delta 8 flower from a legal perspective. As a result, their sale might be restricted in your area based on either their delta 8 content or the fact that they contain hemp flower.

— Can you buy delta 8 dabs at 18?

Delta 8 “dabs” or grams of concentrate are generally considered to be in the same legal category as delta 8 vapes, but concentrates are also often overlooked in state-specific delta 8 laws. Consult with your region’s delta 8 laws for more clarity.

Age limits for delta 8 state-by-state

Are there age limits on delta 8 sales in the following states? Let’s find out:

How old do you have to be to buy delta 8 in WI?

The state of Wisconsin has not yet moved to make delta 8 products illegal in any capacity. As a result, there is no age limit on delta 8 sales in WI.

How old do you have to be to buy delta 8 in Nebraska?

Delta 8 is generally considered to be legal in Nebraska due to the wording of the state’s hemp agriculture act, which allows for the production of hemp products with all cannabinoids aside from delta 9 THC. While some consider it to be a loophole, this law also ensures there are no age restrictions on delta 8 sales in Nebraska.

How old do you have to be to buy delta 8 in South Carolina?

While the legal status of delta 8 in South Carolina has been disputed in recent years, most experts consider the cannabinoid to be legal in this state. As is the case in other parts of the country, state laws in South Carolina provide protection for hemp products that contain less than 0.3% delta 9 THC, and they make no mention of delta 8.

How old do you have to be to buy delta 8 in California?

Thanks to new legislation signed in 2022, delta 8 is now regulated under California’s existing adult-use cannabis laws, allowing adults over 21 to use delta 8 products in California free from fear of persecution. With California leading the way in overall drug legalization as usual, it’s unlikely that delta 8 will ever get any less legal in the Golden State.

How old do you need to be to buy delta 8 in Alabama?

Alabama does not currently impose an age limit on delta 8 sales. Lawmakers in Alabama are considering banning delta 8 in the state, but so far, no significant moves have been made. If you live in Alabama and want to try the benefits of delta 8, now is the time.

Do you have to be 21 to buy delta 8 in Georgia?

State legislators in Georgia recently went the opposite direction of their peers in other parts of the country by nearly outright legalizing delta 8. For now, though, Georgia’s perspectives on delta 8 default to the federal position, which generally holds that delta 8 is a hemp product.

Can 18-year-olds buy delta 8 in Florida?

Contrary to popular belief, Florida has not imposed an age limit on delta 8. The only official requirement the state makes of delta 8 products is that they contain less than 0.3% THC to remain in compliance with state hemp laws.

The bottom line: Is there an age limit for delta 8?

There is no federal age limit on delta 8, and only a handful of states have moved to limit delta 8 sales based on age. Nonetheless, most delta 8 brands online restrict sales of their products to individuals over the age of 21.

This is partially a sign of respect for a plant that can have profound intoxicating properties, and it’s also an attempt to get ahead of any federal laws regarding delta 8 that may one day be passed. As long as you’re over 21, neither your state nor the brand you’re buying from are likely to look at you funny when you buy delta 8 online.

Delta 8 age limit FAQ

Expand your knowledge regarding age limits on delta 8 products below:

1. Can you buy delta 8 in Wisconsin?

Yes, the state of Wisconsin has not made delta products illegal. As a result, the state’s position on delta 8 reverts to federal law, which generally holds that delta 8 is industrial hemp, the same legal category as CBD.

2. Is delta 8 legal in Arkansas in 2022?

Yes, delta 8 is considered to be legal in Arkansas due to the wording of the state’s hemp law. As a result, you should feel free to use delta 8 in Arkansas in 2022.

3. Is delta 8 or delta 9 stronger?

Users and research scientists tend to agree that delta 9 is considerably stronger than delta 8. While these two cannabinoids are very similar, they feature double carbon bonds in different places, which seems to affect the efficacy at which delta 8 and delta 9 activate your CB1 receptors. While delta 8 will still provide the characteristic high associated with THC, it will do so in a diminished capacity compared to delta 9.

4. What happens if you get pulled over with delta 8?

If you’re pulled over and you have delta 8 in the car, remember that, while you shouldn’t conceal it, you have no obligation to go out of your way and tell the police officer that you’re in possession of delta 8. In the event that your delta 8 is discovered, clearly state that it is a hemp product, and if asked, find the lab reports for your delta 8 product online, and show them to the officer.

In general, though, it is best to offer as little information as possible when pulled over by the police. It is not necessarily wise, for instance, to refer to your product as “THC” — “delta 8” will do just fine.

5. Can 18-year-olds use delta 8?

While it is generally not recommended that 18-year-olds buy or use delta 8, some manufacturers allow sales of delta 8 products to individuals as young as 18. Since it is so similar to normal THC, common sense dictates that delta 8 be handled with the same policies used to handle delta 9 THC — namely that it should be restricted for sale to individuals 21 years of age or older.

At the same time, though, 18-year-olds are adults, and they can buy vape products in most states. As a result, it’s hard to say whether it’s better to set the age for buying delta 8 at 18 or 21.

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