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May 22, 2023

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

Estimated Read Time: 8 min

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By Valerie Orta on May 22, 2023

Figuring out the age requirements for purchasing Delta 8 products can be a complex task because of varying state laws. Here's what to know about the minimum age for buying Delta 8.

Delta 8 THC and other uplifting hemp cannabinoids were given the green light at the federal level with the passage of the 2018 Farm Bill. Ever since then, the demand for Delta 8 products has skyrocketed.

However, even after all these years, there's still a fair amount of confusion surrounding the legality of certain hemp products, especially concerning different types of THC, like Delta 8. To add to the confusion, some states have implemented laws regulating Delta 8, including age restrictions.

Key Takeaways:

  • Several laws determine the minimum age to buy Delta 8 in different states.
  • Delta 8 is federally legal. However, some states have specific regulations for Delta 8, while others treat it similarly to CBD.
  • When buying Delta 8 online, you might need to provide proof that you're 21 years or older.
  • At Koi, we've set a minimum age requirement of 21 for purchasing Delta 8 products.

While the federal landscape has yet to see significant changes since the 2018 Farm Bill, things are heating up at the state level. Plenty of changes are happening, making it challenging for consumers to stay informed.

In most states, you can legally buy Delta 8 THC if you're 21 or older. But varying state laws require all adult buyers to be conscious of local laws before purchasing.

What is Delta 8 THC?

Delta 8 THC is a hemp cannabinoid that has gained popularity due to its striking resemblance to conventional Delta 9 THC. It is one of the more than 100 cannabinoids in the plant, but it is not present in significant amounts. As a result, some manufacturers create Delta 8 by converting it from hemp-derived CBD.

Although most Delta 8 products are hemp-derived, Delta 8 THC is still a Delta 9 analog and shares many similarities with the renowned cannabinoid, including its elevating effects. However, the results of Delta 8 are gentler and more subtle, making it an excellent choice for newcomers to the world of elevating cannabinoids.

Apart from its unique and uplifting sensation, Delta 8 has been praised for its ability to promote better relaxation.

Is Delta 8 Legal?

Delta 8 is federally legal to buy and use in the United States under the 2018 Farm Bill. The legislation legalized hemp and its derivatives if they contain a maximum of 0.3% Delta-9 THC by dry weight.

However, the legality of Delta 8 varies from state to state. Different states have different age requirements for purchasing, possessing, and consuming Delta 8. Some states have even outright prohibited its purchase and use. The legal status of Delta 8 THC and its products remains a heated issue subject to constant change.

As a responsible hemp enthusiast, it's best to stay informed about the legislation in your state and the ever-evolving legal landscape surrounding Delta 8 to ensure you're up to date with the latest developments.

Federal Delta 8 THC Legal Age Limits

At the federal level, there isn't a specific legal age requirement for accessing Delta 8 products. While Delta 8 is considered legal federally, federal law does not explicitly define the age limit and other parameters that determine access to legal hemp products. Instead, these requirements are established and regulated at the state level.

Delta 8 Age Limits By State

Generally, you must be an adult to buy or use hemp products. But as you know, different states have different definitions of adulthood in their legislation, meaning the age requirement can vary depending on where you are.


In Alabama, you generally need to be 21 years or older to buy, possess, or consume Delta 8 THC.


Delta 8 is legal in Florida, and individuals over 18 can purchase and consume it.


In Georgia, hemp-derived Delta 8 THC and its products are legal for adults aged 21 years and older.


Illinois requires buyers to be 21 years or older to purchase Delta 8 products within its borders.


The legal age to purchase any Delta 8 THC products in Indiana is 21 years old.


Kansas is among the few states that have explicitly legalized Delta 8 THC. So as long as you're 21 years or older, you can conveniently buy Delta 8 THC products online and in stores in Kansas.


While Louisiana doesn't currently have a specific age limit on purchasing Delta 8 THC, many retailers in the state require consumers and buyers to be 21 years old to access the products.


In Minnesota, consumers of Delta 8 THC must be at least 21 years old to buy and enjoy Delta 8 products.


Missouri has also set a minimum age requirement of 21 years for purchasing or possessing Delta 8 THC products within its borders.


In Nebraska, the age limit for buying Delta 8 products is specified by the Nebraska PACT Act, enacted on June 30, 2010, which requires buyers and consumers of Delta 8 to be at least 21 years old.

New Jersey

To purchase Delta 8 THC products in New Jersey, you must be 21 years or older. Additionally, ensure that the products are made using legal hemp from a licensed grower to avoid legal issues.

North Carolina

In North Carolina, consumers must be 21 years or older to purchase and consume Delta 8 THC products.


The minimum age to access Delta 8 in Ohio is 21 years.


In Pennsylvania, you must be 21 years old to purchase hemp products. Additionally, ensure that the Delta 8 products you buy come from a licensed grower and are made using legal hemp.

South Carolina

South Carolina has also set the legal age for buying or consuming Delta 8 THC at 21 years.


While there's no legal restriction on Delta 8 in Tennessee, most sellers will require buyers to be at least 21 years old to purchase Delta 8 products.


In the Lone Star State, Delta 8 enthusiasts must be 21 years of age to buy, possess, or consume Delta 8.


To purchase Delta 8 THC in Wisconsin, you must be at least 21 years old.


In Virginia, Delta 8 THC products are only available to individuals aged 21 years and above.

Delta 8 Age Limits by Product Type

Delta 8 age limits generally relate to all types of products. However, some Delta 8 THC products are more restricted than others, so the age requirements might vary.

Delta 8 Carts

In many states, the age limit for vaping, in general, is set at 18, 19, or 21, depending on your location. To determine the minimum age for purchasing vape carts, consult your state's laws regarding vaping. Additionally, check if your state has specific regulations for Delta 8 carts, including age limits and permissibility.

Delta 8 Flower

Certain states have implemented bans on selling smokable hemp, which generally includes CBD flowers and often extends to Delta 8 flower. To ensure your state is not among those with a ban on smokable hemp, it's essential to familiarize yourself with your local laws.

Delta 8 pre-rolls

From a legal standpoint, Delta 8 pre-rolls are typically treated similarly to Delta 8 Flowers. Therefore, their sale may be restricted in some states based on their Delta 8 content or the fact that they contain hemp flowers. Verify the regulations specific to your state to ensure compliance.

Delta 8 dabs

Dabs are typically treated similarly to vapes. However, state-specific Delta 8 laws often overlook concentrates. For a clearer understanding of the regulations in your region regarding Delta 8 dabs, consult your local Delta 8 laws.

Other Barriers to Delta 8 THC Access

Besides age restrictions, other barriers can limit your access to Delta 8 THC. For example, certain states have implemented rules and, in some cases, a complete ban on Delta 8. In other states, any THC is only allowed under their recreational or medical programs, which means it is not considered a hemp product and must be purchased from a dispensary.

While some states haven't wholly banned Delta 8 THC, they have specific restrictions on the types of Delta 8 products sold within their borders. It's important to note that many states are actively discussing the legality of Delta 8 THC and other hemp products, which means these laws may undergo significant changes in the near future. However, it's worth mentioning that the following states currently have some form of Delta 8 THC restrictions:

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

If you reside in any of these states or plan to travel to them, you must familiarize yourself with their specific laws to avoid legal issues. While Delta 8 THC may not be entirely prohibited in some of these states, there may be additional restrictions and requirements regarding its acquisition and consumption and other hemp products. Remember this, especially if you are considering flying with Delta 8.

More on Delta 8

In most states, the legal age to buy Delta 8 is 21 years. However, a few states have more flexible laws that allow consumers to buy Delta 8 at 18 years. Others prohibit the usage of Delta 8 for everyone, regardless of age. Always familiarize yourself with your state's specific regulations to stay compliant.

Discover more about Delta 8 on the Koi blog.

* Legal disclaimer: The information presented is not legal advice, is not to be acted on as such, may not be current, and is subject to change without notice.

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