Delta 8 THC is a cannabis plant compound well-loved for its mild psychoactive effect. Compared to its sibling compound Delta 9 THC, Delta 8 is legal at the federal level, thanks to the 2018 Farm Bill. 

Albeit popular, the controversial cannabinoid has the heads of its consumers scratching. Delta 8 is being subjected to different legality confusions, and it doesn’t help that all autonomous 50 states put varying laws and regulatory schemes about it—particularly age requirement.  

To offer clarity, this blog directly answers the question, “Can you buy Delta 8 at 18 in X state?” You’ll also know the general qualifying age for purchasing Delta 8 and its product types for each state. 

What’s the Federal Law About the Legal Purchasing Age of Delta 8?

The US has no federal minimum age requirement for purchasing Delta 8 and its products. The government passes that responsibility to the states, which are now entitled to define the parameters of determining Delta 8 access, including age. 

Additionally, manufacturers and stores have taken it upon themselves to impose age restrictions or recommendations on certain Delta 8 products. 

Some local governments within states also uphold specific age requirements even if their state has no legislation about age restrictions. That’s why it’s crucial to rely on state laws and local regulations regarding access to hemp products.

What States Can You Buy Delta 8 at 18?

As a rule of thumb, you must be an adult to buy Delta 8 products from a licensed dispensary or store in US states. Most states set 18 as the base legal age at which a person gains control of their actions and affairs. However, most states still designate an older age (like 21) to use and possess Delta 8 products.

The question remains—where can you buy Delta 8 at 18?

Below is a list of states that allow 18-year-old individuals access to Delta 8. Also added are states without specified legal requirements in purchasing Delta 8.

Florida

Individuals 18 and over can purchase Delta 8 products like edibles, tinctures, and capsules. However, smokable Delta 8 products like hemp flower, pre-rolls, or vapes are off-limits for those under 21.

Missouri

The state hasn’t specified any age restriction. Missouri treats Delta 8 products similarly to other hemp products if they have less than 0.3% Delta 9 THC.

Nebraska

There is no official age limit in Nebraska for purchasing Delta 8. However, storeowners may require their customers to be at least 18 or 21 to purchase Delta 8, except for vape products, which have a separate protocol called the PACT Act.

According to the Prevent All Cigarette Trafficking (PACT) Act, an individual needs to be 21 and over to buy, own, and use Delta 8 vape products.

Ohio

The state of Ohio has no age limit when it comes to who can buy Delta 8 or any hemp-derived product. However, some vendors diligently require customers to show proof of age before the checkout.

Wisconsin

No state-level legislation directly mandates a specific age limit to buy Delta 8 products in Wisconsin. However, local governments within the state, like Wood County and Marshfield, can enforce age restrictions to purchase hemp products. 

Currently, Wood County follows the 21-or-older age requirement for purchasing Delta 8, while Marshfield will observe the same rule in 2024.

Disclaimer:  Although we always try to update the information mentioned in our blogs, The Hemp Doctor is not a legal platform and will not be liable for any legal issues. Consult with a legal expert or research the age requirements for accessing Delta 8 products in your area or state.

Which States Set the Age Minimum to 21 to Buy Delta 8?

The majority of US states require their residents to be 21 years old to buy hemp products like Delta 8, even though the legal age of adulthood in the US is typically 18. This requirement is based on localities’ desire to be consistent with the country’s Alcohol and Tobacco laws, which set the age of adult consumption at 21. 

Here’s a string of states where the age requirement for Delta 8 access is 21 years old and over:

• Alabama
• Georgia
• Illinois
• Indiana
• Kentucky
• Maine
• Maryland
• New Jersey
• New Mexico
• North Carolina
• Oklahoma
• Pennsylvania
• South Carolina
• Texas
• Washington D.C.
• Wyoming

What Are the Legal Age Requirements for Delta 8 and Its Types?

Most states set an older age base (at least 21) for allowing the purchase of Delta 8 Inhalation products compared to other product types like creams, tinctures, edibles, etc. This is due to the state government’s commitment to resonate with federal tobacco rules, perceived health risks of smoking (and vaping), youth appeal, and more. 

Therefore, it’s not surprising to see states imposing a separate stricter age requirement on Delta 8 vapes and hemp flower even though edibles and the like stay well within the acceptable 18-year-old limit. 

All Possible Modes of Age Verification in The US

The legal hemp market continues to grow, and it has become a concern among budtenders and hemp vendors to prevent underage individuals from accessing Delta 8. Whether online or in-person sales, stores follow age verification rules to confirm their customer is of legal age. 

Listed below are all possible age verification modes practiced across states before checkout. Take note of them in buying Delta 8 in the future:

Request for a Standard Government-Issued Identification

Sometimes, dispensaries will ask for your ID before entering the store. Be prepared by taking with you government-issued IDs like:

• Military ID card
• A US passport accompanied by another form of ID with your birthdate indicated.
• Any state-issued ID with your birthdate indicated.

🗒️ Note Expired IDs, photocopies, and digital IDs are most likely not allowed. Call the dispensary ahead of time to confirm the types of acceptable IDs they need to verify your age.

Ask for a Medical Marijuana Identification Number

In states where medical marijuana is available, sometimes dispensaries will ask for a Medical Marijuana Identification Number (MMID) for their customers. MMID is an identifier issued to patients who are qualified to gain access to medical marijuana. 

Although MMID can’t verify age, nor is it necessary for a hemp-based purchase like Delta 8, it’s a free pass for those under 18 years old but who are qualified to buy cannabis. 

Give a Self-Reported Birthdate

Self-reported birthdate is providing your birthdate before the cashier or verifier, according to your knowledge, without giving any official document as support. This method is one of the loosest age verifications, but it’s almost always not practiced among cannabis stores.

Verify Age Through Age Gate Technology

E-commerce sites selling hemp-based products use age gate technology to verify the browser’s age. The technology can be as simple as ticking a box “yes,” inputting a birthdate, or scouring through government-issued ID databases.

The Use of Facial Recognition Technology

As an additional protocol, some stores may use facial recognition technology, which scans the customer’s face to ensure that the photo on the ID matches the one presented. 

Can You Buy Delta 8 Online at 18?

The minimum age for buying Delta 8 online depends on the site where you buy them and the area where they will be delivered. If the area allows 18-year-olds and over to access Delta 8 and the online store has the same “at least 18 years old” policy, you can then buy online and have them delivered even if you’re only 18. 

You may be able to purchase Delta 8 online at 18 even if your state prohibits it, but there’s a great risk to this even if you’re not caught. Reputable online sellers adhere strictly to laws. If a store lets you buy a Delta 8 product without any form of age verification method, they might offer you less-than-quality products.

What Are the Repercussions of Buying Delta 8 While Underaged?

It varies from state to state, but if a seller and an underaged individual are caught exchanging Delta 8 products, here are some of the possible sanctions and risks: 

To the guilty dispensary 

• Fine
• Jail time
• Suspension for a while
• Revocation of license
• Loss of brand reputation

To the minor

• Health risks

Is There an Exception to the Age Restriction Rule?

There are exceptions to the minimum age requirement of acquiring Delta 8 in states where there’s a medical marijuana program in place. For example, Illinois, Pennsylvania, and Connecticut allow minors to consume certain cannabis forms for medical use. 

Other situations calling for exceptions to age restrictions may be any of the following:

• Medical emergency
• Medical research
• Court-ordered rehabilitation treatment

Specific laws typically govern these exceptions. It’s crucial not to put yourself in a risky situation by purchasing Delta 8 as a minor without prior knowledge of what that exception entails.

Final Thoughts

Previous reports and surveys have underscored the rise of Delta 8 use among minors, leading to some states putting up age restriction laws or banning the substance entirely. No wonder only a handful of states are willing to set the bar of legal purchasing age as young as 18. 

The patchwork of diverse hemp age restrictions across states is extra challenging for young adult users, especially since cannabis legislation also varies by state. If you reside in a state where the age restriction is not clear or unspecified and you’re not 21 yet, you better err on the side of caution and not proceed with the purchase.

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