Is Delta 8 Legal in Vermont? Explaining the Delta 8 THC Loophole

delta 8 vermont

Vermont banned delta 8 THC in 2020. Despite the state’s progressive laws on hemp and marijuana, Vermont took a firm stance on delta 8 THC.   

According to state officials who pushed for the ban, delta 8 THC production can’t be considered legal hemp. Let’s have a closer look at the current delta 8 laws in Vermont.

Last Update: May 31, 2024


  • Delta 8 THC derived synthetically is banned in Vermont under the Vermont Hemp Rules, adopted in 2020. 
  • Manufacturers can no longer produce delta 8 synthetically from hemp. Naturally occurring delta 8 THC isn’t banned.
  • Buying delta 8 products online is not recommended if you live in Vermont, as the state has banned the substance. 
  • Cannabis is legal in Vermont since 2022. 
  • The best alternatives to delta 8 products in Vermont are full spectrum CBD products and delta 9 THC gummies with less than 0.3% THC. 

Is Delta 8 THC Legal in Vermont? 

No, hemp-derived delta 8 THC is not legal in Vermont. 

Vermont banned the sale of hemp-derived delta 8 THC products under the Vermont Hemp Rules. For context, the naturally occurring delta 8 in the hemp plant is not banned, only the one derived from other hemp cannabinoids, like CBD. 

In April 2021, the Vermont Agency of Agriculture, Farms, and Markets (AAFM) sent an email to registered hemp producers to clarify that delta 8 THC products are not hemp products and are illegal to manufacture per Vermont’s hemp definitions and regulations. 

The ban is for the use of “synthetic cannabinoids” in the production of hemp products. In 2023, the state adopted an emergency rule that prohibits the use of artificially made THC in recreational marijuana products. Vermont legalized marijuana for adult use in 2022.

Read more: State-by-State Legality of Delta 8 THC. 

Where to Buy Delta 8 THC in Vermont?

The Green Mountain State has banned the use and sale of this cannabinoid. Therefore, it’s best to avoid ordering hemp-derived D8 in Vermont.

But, not all is lost because you can still get top-shelf CBD products delivered straight to your door. If you’re looking for something that packs a punch, our hemp-derived CBD gummies are a must-try. They come in an array of flavors, and each gummy contains less than 0.3% THC. 

At Mr. Hemp Flower, we only offer products that display the benefits of hemp’s entire cannabinoid profile. The market is saturated with average CBD oils that quickly lose their beneficial effects because they lack essential compounds. 

That’s why we strive to create hemp-derived CBD products that offer the entourage effect. If you’re not familiar with it, the entourage effect is the theory that cannabinoids work better in combination with other cannabinoids and terpenes rather than in isolation. One of our most potent products made from organic hemp is our phytocannabinoid-rich (PCR) hemp oil. This product is legal to buy in Vermont because it contains less than 0.3% delta 9 THC, which is within the legal federal and state limits. 

If you’re ever traveling to a D8 friendly state or the law loosens up, you can order products containing this cannabinoid online. Mr. Hemp Flower ships to all D8 friendly states and is dedicated to bringing you cannabinoid-rich CBD products. One of our best sellers is these vegan, sugar-free D8 Gummies available in various flavors. 

With us, you can always be sure that you’re getting top-shelf products made with locally grown, organic hemp. We offer a Certificate of Analysis that contains detailed data on cannabinoids and terpenes present in the product with each item. 

What is Delta 8 THC?

Delta 8 tetrahydrocannabinol is a type of THC that’s about twice less potent than traditional delta 9 THC. All tetrahydrocannabinols have a similar molecular structure with a slight difference in the arrangement of their atomic bonds. 

Such a small but notable difference makes D8 THC less mild-altering than its intensely psychotropic cousin delta 9 THC. D8 THC is also less likely to trigger anxiety and paranoia, which is why users prefer it over high-THC cannabis. 

Delta 8 THC and Federal Law 

The legality of D8 THC provoked the most heated debate in the industry. The main reason for it is the process of making D8 from hemp-derived cannabidiol (CBD). This cannabinoid occurs in the hemp plant in a tiny percentage (less than 0.3%), making natural extraction challenging. 

As a solution to this problem, manufacturers have started creating D-8 from hemp-derived CBD through the process of isomerization. The 2018 Farm Bill legalized hemp and all its derivatives, extracts, and cannabinoids, including naturally derived D8. 

The two things that need clarification right now are the nature of D-8 derived from cannabidiol (CBD) and its legal status. This is important because there’s a risk that D8 converted from CBD can be considered a “synthetically derived” tetrahydrocannabinol by the Drug Enforcement Administration (DEA). 

The source of confusion is the term “synthetic,” which federal law doesn’t define explicitly. The DEA released the Interim Final Rule in August 2020,  stating that the 2018 Farm Bill has no impact on the control status of synthetic THCs because “the statutory definition of ‘hemp’ is limited to materials that are derived from the plant Cannabis sativa L.” 

In comparison, truly “synthetic” THC is made in a lab from non-organic sources with no involvement of the cannabis plant. Most importantly, they are dangerous drugs that, unlike D8 THC, can be fatal for the user. 

Delta 8 THC made from cannabidiol (CBD) is obviously different from these compounds because it doesn’t quite fall under the “synthetic” THC category. The most notable difference is that D8 produces mild effects and has proven to be generally safe (although more research is needed). 

Final Thoughts

Delta 8 derived synthetically from hemp is not legal in Vermont since 2020. The Green Mountain State banned the manufacture, sale, and possession of products containing hemp-derived D8. Residents of Vermont should avoid buying D8 products until the law loosens up. 

delta 8 vermont laws

Be Sure to Check Out: 

All Our Delta 8 Products

Delta 8 THC Gummies

All Our Best D9 Products


No, D-8 has been banned in the Green Mountain State. The Vermont Agency of Agriculture, Farms, and Markets (AAFM) sent an email to registered hemp producers that D-8 is illegal to manufacture, sell, and possess. 

For now, you should avoid buying D-8 products if you live in Vermont.

Yes! Residents of D-8 friendly states can order any product online legally.

No, so far, 15 states have banned or restricted D-8 THC, including Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Montana, Mississippi, New York, Kentucky, Rhode Island, Utah, Vermont, and Washington.

Yes, it’s safe. D-8 is considered safer than D-9 THC due to its mild psychotropic activity and aversion to side effects.

Read our legal disclaimer HERE. While we try to stay as up-to-date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times. We do our best to keep up with state and local policies and regulations, but since those regulations are changing so rapidly, we strongly encourage our customers to check their local state, city and, or county policies before placing an order, as it’s ultimately your responsibility to abide by your local regulations.

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