Vermont Bans Delta-8 THC From Both Hemp and Cannabis

You can’t legally buy or sell delta-8 THC or other “synthetic cannabinoids” in Vermont.

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Lee Johnson

Lee Johnson is the senior editor at CBD Oracle, and has been covering science, vaping and cannabis for over 10 years. He has a MS in Theoretical Physics from Uppsala...

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Fact checked byNeil Willner

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Neil Willner

Neil M. Willner is an experienced cannabis attorney at Royer Cooper Cohen Braunfeld LLC and co-chair of the firm's Cannabis Group. He focuses his practice on the cannabis industry and...

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Vermont is a pretty hemp-friendly state, but rules established in May 2020 ban hemp products containing synthetically-produced delta-8 THC.

Not only does Vermont not allow delta-8 THC to be sold as hemp, but the state Cannabis Control Board also issued an emergency rule in 2023 that bans synthetically-produced delta-8 in the adult-use cannabis industry too. The bottom line is that there is essentially no way to legally sell delta-8 THC in Vermont. 

Here’s a run-down of Vermont hemp law and its rules on delta-8 THC. 

No, delta-8 THC is not legal to sell in Vermont, either as hemp or cannabis.

Vermont’s hemp program was established before the 2018 Farm Bill, but Act 44 was passed in 2019 and brought the definition of “hemp” in line with the federal one (section § 562(5)/page 2). This would have (arguably) legalized delta-8 THC, but in May 2020, the Vermont Hemp Rules became effective. In section 6.3, these state, “A processor shall not use synthetic cannabinoids in the production of any hemp product or hemp-infused product.” 

Although the rules don’t really specify what “synthetic cannabinoids” means, the Agency of Agriculture Food and Markets makes it clear that while naturally-occurring delta-8 THC is allowed in hemp products, you cannot manufacture it from hemp. This rule covers basically all of the delta-8 THC on the market, because it is not practical to extract it naturally. 

Vermont has legalized cannabis, but the Cannabis Control Board adopted an Emergency Rule in 2023 banning delta-8 THC – whether manufactured from cannabis or hemp – in the adult-use market. It also “presumptively [prohibits]” any non-cannabis product that has more than 1.5 mg of THC per serving or 10 mg per package, or even if it is simply intended to mimic the effects of THC.

RELATED: Where Is Delta-8 THC Legal? A State-by-State Guide

Can You Buy Delta-8 THC Products in Vermont? 

Delta-8 THC isn’t available to buy legally in Vermont, and it appears that a state crackdown on delta-8 in dispensaries after the Cannabis Control Board announcement was successful. 

Are There Age Restrictions on Delta-8 THC Products? 

If any delta-8 THC product were to be sold in Vermont, it would be in the regulated marijuana industry and limited to adults aged 21 or older. 

Closing Thoughts: The Future for Delta-8 in Vermont 

It’s unlikely that the situation will change for delta-8 THC in Vermont. The state considers basically every commercial product to be a “synthetic cannabinoid” and bans it, and this is one of the most likely changes from the 2023 Farm Bill too.   

Given that the Cannabis Control Board only established the emergency rule in April 2023, they will probably stick with it for the near future. Technically, Emergency Rule 3 means they could decide to approve a delta-8 THC product if they chose to, but there is no indication that this is actually going to happen. 

Delta-8 THC is probably going to stay banned in Vermont.