Frequently Asked Questions


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The 2018 Farm Bill made hemp federally legal in the United States. Since Delta 8 and 9 comes from hemp, that makes it legal in some states. In other states, Delta 8 and 9 exists in a legal gray area. Delta 8 is relatively new to the cannabis scene, so most state laws do not include it. The language in the 2018 Farm Bill states any cannabis product with more than 0.3% THC is considered federally illegal. Since Delta 8 has no Delta 9 THC in its makeup, it’s theoretically legal in most states.

Of course, some states have interpreted the hemp laws differently and outlawed Delta 8/9, like New York State. Some states that have recreationally legalized marijuana may see delta 8/9 as illegal, so it’s essential to check before trying to purchase. Retailers and manufacturers of Delta 8/9 only sell and distribute to states where Delta 8/9 is legal.



Yes, it is legal to ship and receive Delta 8/9 in the mail in most states. However, there are currently 12 states where Delta 8 cannot be shipped: Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, New York, Rhode Island, Utah. Of course, Delta 8 gummies by Habit CBD can be received in states where Delta 8/9 is legal. Check your state guidelines before ordering Delta 8 products.

Feel Good INC ships Priority Mail. 2-3 day delivery within the USA.

Frequently Asked Questions

The update, in 2018, to the U.S. Farm Bill made commercial cultivation of hemp legal as long as certain regulations are maintained.

It is legal to ship because CBD is federally legal, meaning it’s legal in all 50 states. This is due to the passing of the 2018 Farm Bill, mandating that any cannabis product is federally legal as long as it contains less than 0.3 percent THC. Our CBD products containsless than 0.3% THC and is therefore legal to ship and acquire in all 50 states.

Are you wondering if delta-8 is legal? It depends on where you live. As of now, delta-8 THC is legal only if it’s derived from hemp, which has naturally low levels of delta-9 THC. Even though delta-8 is legal federally, there are many states that have begun regulating, if not outright banning, the cannabinoid.

Here’s a rundown for each of the states in regards to the legality of delta-8/9 THC.


Delta-8 THC is legal in Alabama. In April 2021, an amendment that once banned delta-8 and delta-10 products was removed.


Under Alaska law, delta-8 THC is illegal, even though recreational cannabis is legal. The state has banned all forms of THC. Hemp-derived products also remain illegal unless you’re authorized under the industrial hemp pilot program.


Delta-8 THC is illegal in Arizona. Under state law, you cannot legally use, possess, sell, purchase, distribute, produce, or manufacture delta-8 products.


After the passing of HB 1640, delta-8 THC was legalized in Arkansas.


Delta-8 is legal but highly restricted in California. Hemp-derived delta-8 products that have more than 0.3% THC are regulated by the state.


Converting any cannabinoids from hemp using a chemical process is illegal in Colorado. This makes delta-8 THC illegal in the state.


In Connecticut, delta-8 THC is legal but regulated. It can only be purchased from a licensed cannabis retailer.


Delta-8 THC is illegal in Delaware. The state bans any product or compound that contains any amount of marijuana or tetrahydrocannabinols (THC).


As of now, delta-8 THC is legal in Florida. However, there is a proposed bill that seeks to create new regulations for hemp extract products. The bill may ban delta-8 THC entirely, even if it’s sourced from hemp.


Under House Bill 213, Delta-8 THC that’s extracted from hemp is legal in Georgia. This bill was passed in 2019 and broadly legalized hemp and hemp-derived products in the state.


With the exception of edible and inhalable products, delta-8 THC is legal in Hawaii. This means that gummies, vapes, flowers, and drinks that are infused with delta-8 THC are prohibited.


Delta-8, along with all forms of THC, are illegal in Idaho.


Delta-8 THC is legal in the state. To help ensure product safety, Illinois is drafting legislation that requires all cannabinoid products to be properly tested and labeled before they hit the shelves.


Delta-8 THC derived from hemp is legal in Indiana, with the exception of smokable products such as delta-8 hemp flower.


For now, delta-THC is illegal in Iowa. While consumable and non-inhalable products were legalized in 2020, it’s unclear if the law allows for hemp-derived delta-8 THC.


Delta-8 THC is legal in Kansas, though there has been some disagreement from the state’s attorney general.


Currently, delta-8 THC is legal in Kentucky. However, if Senate Bill 170 is passed, all hemp-derived products will become illegal.


Certain delta-8 products are legal in Louisiana. Under HB 640, inhalable products like flowers and vapes are banned. HB 758 passed in 2022 limits legal consumable hemp products, such as tinctures and gummies, to 8mg THC per serving.


Delta-8 THC and all hemp-derived products are legal in Maine.


Delta-8 THC, along with all hemp-derived products, are legal in Maryland.


Delta-8 THC is legal in Massachusetts.


Delta-8 is regulated the same way as recreational cannabis in Michigan. It’s illegal to sell delta-8 unless you’re a licensed marijuana retailer.


Delta-8 THC is likely illegal in Minnesota. In June 2022, the state passed a bill that limits hemp-derived products. They must contain no more than 0.3% of any type of THC. The bill also states that hemp edibles can contain no more than 5 mg THC/serving.


Delta-8 may be legal in Mississippi. Hemp-derived products are currently exempt from the state’s definition of THC. However, certain online retailers don’t ship to the state, which has caused some confusion.L


Delta-8 THC and all other hemp-derived products are legal in Missouri.


In Montana, THC is considered a controlled substance, which means delta-8 is illegal.


Delta-8 is legal in Nebraska, as the state exempts hemp-derived products from its list of controlled substances.


Delta-8 THC is illegal in Nevada. In June 2021, the state passed SB49, which added delta-8 THC to the state’s list of banned compounds.

New Hampshire

Hemp-derived delta-8 THC is legal in New Hampshire.

New Jersey

Delta-8 THC is legal in New Jersey.

New Mexico

Delta-8 THC is legal in New Mexico.

New York

Delta-8 THC is banned in New York. In May 2021 the state revised its regulations to make hemp cannabinoid products created through isomerization illegal. This includes both delta-8 and delta-10 THC.

North Carolina

North Carolina has legalized delta-8 THC and other hemp-derived products.

North Dakota

Delta-8 is illegal in North Dakota. In April 2021, the state signed bill 1045, which changed the definition of THC. It now includes delta-8 along with other isomers.


Delta-8 is legal in Ohio.


Delta-8 THC is legal in Oklahoma. State law explicitly excludes delta-8 and delta-10 THC from the legal definition of marijuana.


Delta-8 THC is illegal in Oregon. In July 2022, the state banned all artificially derived cannabinoids.


Delta-8 is legal in Pennsylvania, as long as the product is hemp-derived and contains no more than 0.3% delta-9 THC.

Rhode Island

Delta-8 is illegal in Rhode Island. The state prohibits any ingestible products that contain any form of THC.

South Carolina

Delta-8 THC is legal in South Carolina.

South Dakota

Delta-8 THC is legal in South Dakota.


Delta-8 THC is legal in Tennessee. A recently proposed bill to ban and regulate delta-8 did not pass.


As of now, delta-8 is legal in Texas. While two separate bills have failed to ban the cannabinoid, there are ongoing legal battles.


In Utah, all isomers of THC are considered controlled substances. This means that delta-8 is illegal.


Delta-8 THC is illegal in Vermont. In April 2021, the state confirmed that producers cannot manufacture delta-8 THC, even from hemp.


Delta-8 products, with the exception of food and drinks that contain the cannabinoid, are legal.


Delta-8 THC is illegal in Washington. In September 2021, the Liquor and Cannabis Board determined that marijuana license holders can’t make or sell delta-8 THC products.

Washington D.C.

Delta-8 THC and recreational marijuana use are legal in Washington D.C.

West Virginia

Delta-8 THC is legal in West Virginia. Senate Bill 666, which aimed to add delta-8 to the state’s list of controlled substances, did not pass.


Delta-8, and all other hemp-derived products, are legal in Wisconsin.


Delta-8 THC is legal in Wyoming, as are all other hemp-derived products.

Typically, drug tests are conducted to identify if a person has taken specific substances. More often than not, they are testing for recent use of alcohol or drugs. In regards to testing for cannabis, most employers are testing for traces of cannabis cannabinoids. Both THC and CBD are cannabinoids. However, CBD is not what most employers are concerned about. It’s THC that they are screening for. Unfortunately, most tests are simply looking to identify any cannabinoid in general, therefore, if you consume CBD you are at risk to test positive for cannabinoids.

Privacy Policy

Last updated: 2/6/2023

FEEL GOOD INC. (“us”, “we”, or “our”) operates the Habit CBD website (the “Service”).

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