For every state where delta-8 THC is de facto legal, there is another state which has either banned or severely restricted the cannabinoid. In total, CBD Oracle’s analysis shows that delta-8 THC is banned in 17 states and severely restricted in 7 more. The states with bans are:

    Alaska
    Colorado
    Delaware
    Hawaii
    Idaho
    Massachusetts
    Mississippi
    Montana
    Nevada (technically could be approved for marijuana industry)
    New York (isomerization banned, could theoretically be sold in adult use)
    North Dakota
    Oregon
    Rhode Island
    Utah (possible in medical industry)
    Vermont
    Washington
    West Virginia

And there are severe restrictions – limiting all THCs to be under 0.3% for hemp products, unless otherwise noted – in the following seven states:

    Iowa
    Kansas
    Louisiana (all THCs must be under 8 mg per serving and 1% by dry weight)
    Michigan (all THCs under 0.3% and only marijuana-derived delta-8 allowed)
    Minnesota (all THCs under 0.3% and less than 5 mg per serving)
    New Hampshire
    Virginia (2 mg serving limit or >25:1 CBD:THC ratio)