Delta-8 THC sits in a slippery spot when it comes to legality. Federally, hemp containing no more than 0.3% delta-9 THC is legal under the 2018 Farm Bill, which allowed delta-8 products to flood the market in tourist shops and boardwalk kiosks. However, many states now classify intoxicating hemp products the same way they do marijuana—banning them outright or restricting sales to licensed cannabis dispensaries. That means picking up a “souvenir” gummy while on vacation could easily lead to legal trouble.
Several states have completely banned or effectively prohibited hemp-derived delta-8 products. These include Alaska, Colorado, Delaware, Idaho, Iowa, Montana, New York, North Dakota, Rhode Island, Vermont, Utah, and Washington. In Colorado, state health officials have barred hemp-derived delta-8; Washington considers any product containing detectable THC illegal to sell outside licensed cannabis shops; and New York regulators have removed delta-8 products from the state’s hemp retail program. Travelers visiting these states should expect not to find delta-8 products legally available on store shelves near the beach.
Even in states with legal cannabis, regulators are tightening controls on delta-8 and similar cannabinoids. California’s Department of Public Health has blocked intoxicating hemp THC products from being sold in general retail, and lawmakers have introduced AB 8 to ensure such products remain within licensed dispensaries. Oregon has taken a similar stance, defining “artificially derived” cannabinoids—like delta-8—as products that can only be sold through the Oregon Liquor and Cannabis Commission’s regulated market. Nevada also includes all THC isomers within its definition of THC and restricts synthetically derived cannabinoids outside the Cannabis Compliance Board framework. In Arizona, a recent attorney general opinion confirmed that delta-8 cannot be legally sold by unlicensed retailers. For travelers, this means that even in states where cannabis use is legal, delta-8 might still be off-limits unless purchased from a licensed dispensary.
Nationwide, regulators are moving toward stricter oversight. Dozens of states have started regulating or banning intoxicating hemp derivatives like delta-8, delta-10, and THCP, and courts have upheld that states can impose tighter restrictions than federal hemp law allows. Travelers should expect to see more testing standards, potency caps, and outright prohibitions emerging in popular coastal destinations.
Flying with delta-8 presents another layer of complexity. The Transportation Security Administration follows federal hemp law, allowing hemp-derived products containing less than 0.3% delta-9 THC through checkpoints. However, marijuana remains federally illegal, and TSA refers suspected violations to law enforcement. Even if departing from a permissive state, landing in one where delta-8 is restricted or banned can expose a traveler to local penalties.
Beachgoers should also remember that public consumption rules apply. Most states treat cannabis and intoxicating hemp the same as alcohol under open-container or public-use laws. Consuming or vaping delta-8 on the sand, pier, or boardwalk can result in fines, and impaired driving laws still apply on coastal roads and causeways. The safest practice is to keep sealed products in your luggage, not your car’s cabin or beach bag.
Before buying delta-8 products on vacation, travelers should verify their destination’s laws and purchase only from trusted, licensed retailers where legal. Check for a certificate of analysis via QR code and confirm that the total THC content complies with local limits. Avoid carrying products across state lines, as legality shifts quickly from one jurisdiction to the next.
Delta-8’s “hemp” label won’t necessarily protect consumers at the beach. Whether your destination bans it, restricts it to dispensaries, or allows it under strict testing requirements, the key is to know the rules before you go. When in doubt, skip the boardwalk kiosk and stick to licensed dispensaries where delta-8 is explicitly permitted.
Read more on public beaches and cannabis consumption here.