When it comes to the hemp plant, it can seem overwhelming to know what’s legal and what’s not. There is quite a bit of gray area and confusion when it comes the three most popular cannabinoids on the market: CBD, Delta-8 THC, and Delta-9 THC (marijuana). CBD and Delta-8 THC are both legal on a federal level, while Delta-9 THC is making an impressive legal wave with many states accepting both its medicinal and recreational use. Despite the federal legality, each state has specific legislation regarding the legality of these products within the state This article will summarize each state’s law as it currently stands as well as some of the finer nuances of the hemp legislature. Before we jump into that, let’s take a minute to discuss what each of these cannabinoids are and how they came to become involved in such a confusing legal battle. 

The Alphabet Soup of Cannabinoids

At some point, you have probably heard of at least one of the cannabinoids that dominate the industry. CBD, Delta-8 THC, Delta-9 THC, and many other cannabinoids all somehow dervied from the hemp (and sometimes the cannabis) plant by either genetic or chemical alterations. Marijuana is probably the oldest cannabinoid, but has become villainized throughout the centuries as being a “gateway drug” due to its powerful high. However, the Delta-9 THC cannabinoid has been undergoing a massive shift in perception. More and more states are adopting new legislation that not only makes it legal for medicinal use, but for recreational use as well. 

CBD, on the other hand, is at the opposite end of the spectrum. CBD does not give the user any sort of high, but rather delivers the healing benefits of the hemp plant over an extended period of time. CBD products are either classified as broad spectrum (using only part of the plant) or full spectrum (using all parts of the plant). Broad spectrum CBD products tend to have zero or faint traces of THC, while full spectrum products can contain up to 0.3% THC. Some states, as you will see, will permit the use of hemp and CBD products, but will not allow full spectrum products due to the high THC content.

Delta-8 THC falls somewhere in the middle of these two cannabinoids, offering a pleasurable less-intense high that does not overwhelm the user. Fondly referred to as the “lite” version of marijuana, Delta-8 THC offers a smooth and relaxing high that allows the user to remain clear-headed and in control. Since Delta-8 THC is not found naturally and requires some from of extraction and isolation using solvents and other chemicals, many states consider it a controlled substance and will not allow the use of Delta-8 THC but will allow Delta-9 THC (cannabis) to be used. 

There are many other cannabinoids that are growing in popularity ( Delta-10 THC, HHPC THC-O, etc.) but CBD, Delta-8 THC, and Delta-9 THC are the three major players that we’ll be focusing on today. In the following paragraphs, we will attempt to briefly summarize each of the state’s laws regarding hemp and CBD products, Delta-8 THC, and full spectrum CBD products. If at any point the information in this article becomes unclear or confusing, we strongly urge you to check out that state’s specific laws regarding the legality of hemp and cannabis products. a

One Bill To Rule Them All

Under President Obama’s term in office, a bill was passed that allowed cannabinoids derived from hemp to be classified as legal, known as the 2018 Farm Bill. This bill stated that as long as a cannabinoid was derived from hemp and contained 0.3% THC or less, it would be classified as a hemp product and would be legal on a federal level. However, certain states decided to impose their own legislation on how hemp would be bought and sold. Since laws are constantly changing as the state regulators see fit, you’ll need to confirm with your state legislation if you have any specific questions. At the time of writing this article, all information is current and up to date. If you have questions or notice that a certain state’s laws have changed, feel free to leave a comment below and we will happily update this article to reflect the current events. Be sure to check out Erth Hemp for all your cannabinoid needs, providing they are permitted within your state. Now that we’ve briefly explained what each cannabinoid is and gone over the importance of the 2018 Farm Bill, we’ll go over each state and briefly touch on the current legal issues regarding hemp, Delta-8 THC (and Delta-9 THC/cannabis when mentioned), and full spectrum CBD. Let’s begin! 

Hemp Laws for CBD, Delta-8 THC, and Delta-9 THC Per State 

There are 20 states that have explicitly banned the use of Delta-8 THC: Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, Kansas, Kentucky, Idaho, Iowa, Michigan, Mississippi, Montana, Nevada, New York, North Dakota, Rhode Island, Utah, Vermont, and Washington.

The remaining 30 states have adopted the 2018 Farm Bill as part of their own state regulations, allowing Delta-8 THC and other hemp-derived products to be bought and sold freely. We’ll go over each state in detail, and again, the information for each state is current at the time that this article was written.

ALABAMA

Alabama has ruled that hemp may be produced, possessed, and sold legally throughout the state. Additionally, Alabama has ruled that as long as a product contains less than 0.3% THC on a dry weight basis, it is considered legal. Products that contain a higher total THC content, such as full spectrum hemp, would be legal in Alabama but may not be legal elsewhere. 

• No ban for Delta-8 THC products
• CBD and Hemp predominantly legal
• Full spectrum hemp products permitted
• All products must contain 0.3% THC or less. 

ALASKA

Alaska requires approval and licenses to permit the growth or sale of hemp. The Alaska Department of Natural Resources is notoriously slow when it comes to finalizing rules and issuing necessary permits. While industrial hemp-sourced CBD is legal, it can only be derived from the hemp stalks or seeds. Interestingly enough, recreational merijuana is permitted, while Delta-8 THC is classified as a controlled substance and has been banned. 

• Marijuana is legal for recreational use
• CBD and hemp require permits and licenses to be grown or sold. 
• Delta-8 THC is banned. 

ARIZONA

Arizona is one of the states that passed their own laws on hemp before the 2018 Farm Bill was passed. The state has also accepted the 2018 Farm Bill’s definition of hemp: products that contain Delta-9 THC must contain less than 0.3% THC on a dry weight basis. Arizona strongly encourages the use of CBD for medicinal use in treating epilepsy and legalized the use of recreational marijuana in 2020. Unfortunately, Delta-8 THC is classified as a controlled substance and has been banned for use throughout the state.  

• Recreational marijuana and hemp are legally allowed
• Hemp products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products are permitted
• Delta-8 THC is banned

ARKANSAS

Arkansas requires licenses and has strict restrictions for the growth and sale of hems. The use of CBD and hemp is permitted provided that the product contains 0.3% THC or less. Delta-9 and Delta-8 THC fall into the category of THC isomers and are thus classified as controlled substances, effectively banning them throughout the state. 

• Hemp and CBD are legal
• Hemp products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products fall into legal gray area
• Delta-9 (marijuana) and Delta-8 THC is banned

CALIFORNIA

California recently passed the Assembly Bill 45, effectively permitting CBD to be included into dietary supplements, drinks, and foodstuffs. Marijuana has been legalized and is available in local stores as well as online retailers. While Delta-8 THC is still under legal review, new laws have been passed that ban any form of THC in hemp products. This would unfortunately render Delta-8 THC products illegal throughout the state. 

• Hemp and CBD are legal
• Hemp products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products are permitted
• Delta-8 THC is banned

COLORADO

Colorado is another state that has legalized the use of marijuna throughout the state. Purchasing options range from both online and in store. The state regulation requires that industrial hemp must have 0.3% or less THC in order to be grown or sold. Unfortunately, Delta-8 THC has been classified as a controlled substance and is subsequently banned. 

• Hemp and marijuana are legal
• Hemp products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products are permitted
• Delta-8 THC is banned

CONNECTICUT

In 2021, Connecticut recently adopted new legislation that has legalized the recreational use of marijuana. There has yet to be an official ruling on products that contain Delta-9 THC, meaning that full spectrum hemp products are currently allowed. But when it comes to THC isomers, such as Delta-8, 9, and 10, these cannabinoids are considered controlled substances and have been prohibited throughout the state. 

• Hemp and marijuana are legal
• Hemp products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products are permitted
• Delta-8 THC is banned

DELAWARE

Delaware was quick to adopt the 2018 Farm Bill when it was first passed. Delaware has allowed industrial hemp and CBD to be used both medicinally and recreationally since 2014. Hemp-derived cannabinoids and CBD must contain 0.3% or less THC in order to be considered legal. Yet when it comes to THC isomers like Delta-8 and Delta-9 THC, these are considered controlled substances and are explicitly banned. 

• Hemp and CBD are legal
• Hemp products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products are permitted
• Delta-8 THC is banned

FLORIDA

Up until 2020, Florida allowed CBD to be sold freely without regulations throughout the state. In January of 2020, the Department of Agriculture was granted power to inspect CBD products in stores to confirm the THC content was at 0.3% THC or lower. The process for selling CBD products required more regulations, but the process for buying CBD products remained unchanged. Delta-8 THC has yet to be banned in Florida, allowing for the sale and consumption of products containing this cannabinoid. 

• Hemp and CBD are legal
• Hemp products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products are permitted
• Delta-8 THC is not banned

GEORGIA

Georgia allows for the growth, sale, and purchase of industrial hemp, provided that the resulting product contains 0.3% THC or less in accordance with the 2018 Farm Bill. Georgia also has a unique program with the Department of Public Health called the Low THC Oil Registry. This program allows certain patients with vetted qualifications to access products with higher THC content, albeit only within the state. Georgia has not yet made a decision regarding the legality of Delta-8 THC, thus allowing Delta-8 THC products to be bought and sold within the state. .

• Hemp and CBD are legal
• Hemp products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products are permitted
• Delta-8 THC is not banned

HAWAII

Hawaii has gone through a number of legal changes since the 2018 Farm Bill went into effect. Prior to this bill, all CBD purchases required proof of a Medical Marijuana Prescription. That law has been relaxed as long as the products in question contain 0.3% THC or less. As of November 1st, 2020, registered Hawaiian farmers are allowed to grow industrial hemp under the USDA Domestic Hemp Production Program. Delta-9 THC is permitted as long as it contains 0.3% THC or less on a dry weight basis. But while Delta-8 THC is permitted, all oral and inhalable Delta-8 THC products are outright banned. 

• Hemp and CBD are legal
• Hemp products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products are permitted
• Delta-8 THC is not banned, but inhalable and oral products are banned. 

IDAHO

Idaho remains staunchly against all hemp and CBD products, regardless of the 2018 Farm Bill’s ruling that legal hemp products must contain less than 0.3% THC. Idaho’s Attorney General has ruled that unless CBD comes from the stalks and seeds (or other excluded plant parts) and contains no THC whatsoever, CBD is a controlled substance and is therefore banned. Since traditional hemp products are typically derived from the whole plant and contain traces of THC, country-wide hemp products are banned throughout the state. Delta-8, Delta-9, and other hemp-derived cannabinoids are considered controlled substances and are strictly prohibited. 

• Hemp, CBD, Delta-9, and Delta-8 THC are banned

ILLINOIS

Illinois has supported the medicinal use of marijuana for quite some time and officially legalized cannabis as of 2020. Illinois was also quick to adopt the 2018 Farm Bill’s ruling that hemp products must contain 0.3% THC or less in order to be considered legal. Illinois has specified that Delta-9 THC must contain a dry weight of 0.3%. Despite enforcing the Cannabis Control Act, Illinois has ruled that all natural hemp materials and hemp-derived cannabinoids including Delta-8 THC are exempt and may be consumed freely. 

• Hemp, marijuana, and CBD are legal
• Hemp products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products are permitted
• Delta-8 THC is not banned

INDIANA

Indiana supports the 2018 Farm Bill ruling that hemp products with 0.3% THC or less are federally legal and even allows farmers to grow hemp, provided the farmers are licensed. Since there is no specific ruling on THC throughout the state, full spectrum hemp products and Delta-8 THC products are permitted. 

• Hemp and CBD are legal
• Hemp products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products are permitted
• Delta-8 THC is not banned

IOWA

Iowa has relaxed their initial position on hemp since the 2018 Farm Bill was passed. In 2020, Iowa allows the growth, possession, and sale of hemp, provided that it contains 0.3% THC or less. Iowa also ruled that any food or drug that contains hemp must not violate the Food, Drug, & Cosmetic Act. When it comes to cannabinoids that contain THC, however, Iowa has them listed as controlled substances and has banned Delta-8 THC and Delta-9 THC. 

• Hemp and CBD are legal
• Hemp products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products are permitted
• Delta-8 THC is banned

KANSAS

Kansas maintained an extremely strict policy against products that contained any form of THC, including CBD products. Since most cannabinoids contain trace amounts of THC, it was nearly impossible to craft products compliant with this ruling. Thankfully, Kansas adopted the 2018 Farm Bill and has since relaxed their policies on CBD and hemp products as long as the THC content remains at 0.3% or lower on a dry weight basis. In December of 2021, Kansas’s Attorney General expressed concern over the legality of possessing or selling Delta-8 THC. Until an official ruling is made, Delta-8 THC and cannabis remain on the controlled substance list and are subsequently banned.  

• Hemp and CBD are legal
• Hemp products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products are permitted
• Delta-8 THC is banned

KENTUCKY

In 2014, Kentucky permitted the cultivation of hemp as permitted by federal standards. When the 2018 Farm Bill was passed, Kentucky fine-tuned their state laws to require state-issued licenses to purchase inhalable products (flower, pre-rolls, and smokeless products). Simply put, hemp-derived CBD extracts are permitted within the state as long as they are not a smokeable product. As of April 2021, Delta-8 THC was officially added to Kentucky’s list of controlled substances and is subsequently banned throughout the state. 

• Hemp and CBD are legal (sans inhalables/smokeables)
• Hemp products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products are permitted
• Delta-8 THC is banned

LOUISIANA

Louisiana passed legislation in 2019 that concurred with the 2018 Farm Bill, stating that hemp-derived CBD was considered legal as long as the THC content was at 0.3% THC or less. However, smokable CBD and CBD-enhanced supplements, food, and alcohol are prohibited. Delta-8 THC has not been banned, making it legal statewide. 

• Hemp and CBD are legal (sans smokables and CBD-enhanced food & beverages)
• Hemp products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products are permitted
• Delta-8 THC is not banned

MAINE

Maine has very relaxed policies when it comes to hemp, CBD, and Delta-8 THC. CBD products must not contain any medical claims and must contain a THC content of 0.3% or less on a dry weight basis. Hemp derivatives such as Delta-8 THC are legal for sale, possession, and use throughout the state. 

• Hemp and CBD are legal 
• Hemp products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products are permitted
• Delta-8 THC is not banned

MARYLAND

Maryland has legalized hemp-derived CBD products with low THC content since 2015 and may soon pass a bill that legalizes the use of recreational marijuana. The sale and consumption of CBD is legal throughout the state, provided that the THC content is at 0.3% or less on a dry weight basis. Delta-8 THC and other hemp-derived cannabinoids are also legal for use throughout the state. 

• Hemp and CBD are legal 
• Hemp products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products are permitted
• Delta-8 THC is not banned

MASSACHUSETTS

Massachusetts has legalized CBD for use throughout the state, as well as all hemp products (including Delta-8 THC) that meet the 2018 Farm Bill requirements of 0.3% THC or less. Hemp products can be purchased not only from the national hemp marketplace but from Massachussett’s cannabis industry as well. However, these products must not be food products and cannot claim any medicinal or therapeutic uses. 

• Hemp and CBD are legal 
• Hemp products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products are permitted
• Delta-8 THC is not banned

MICHIGAN

Michigan has a unique twist when it comes to hemp and cannabis products. Both CBD and marijuana are legal for sale and consumption statewide, provided the THC content is 0.3% or less. However, as of October 11, 2021, Michigan considers Delta-8 THC to be a cannabis product and has some strict requirements for selling and consumption. Only businesses that hold proper licensing from the Marijuana Regulatory Agency can sell Delta-8 THC products. 

• Hemp and CBD are legal 
• Hemp products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products are permitted
• Delta-8 THC is only permitted for sale by licensed retailers within the state. 

MINNESOTA

Minnesota has allowed CBD products to be sold for several years, but officially passed legislation in January of 2020 that defined CBD and hemp products. CBD and hemp products (including Delta-8 THC) must contain 0.3% THC or less. The state defines THC content as the total potential content after decarboxylation, resulting in some full spectrum hemp products being considered illegal. 

• Hemp and CBD are legal 
• Hemp products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products may not be permitted
• Delta-8 THC is not banned

MISSISSIPPI

Mississippi passed the Hemp Cultivation Act in mid-2020, thus allowing the sale and purchase of CBD hemp products. The state has similar legislation to the 2018 Farm Bill, but has some tricky THC content requirements. All products are explicitly required to contain no more than 2.5 milligrams of THC or else face legal trouble. CBD products are available for sale and purchase throughout the state, but full spectrum products are banned. As for Delta-8 THC, many Mississippi-based sites claim that Delta-8 THC is legal. At the time this article was published, Delta-8 THC was still under review and thus currently banned. Legal diligence is strongly encouraged for all product purchases that contain THC.   

• Hemp and CBD are legal
• All products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products are permitted
• Delta-8 THC is banned

MISSOURI

Missouri’s thriving medical cannabis industry permits the sale of marijuana, CBD, hemp, and Delta-8 THC products from licensed dispensaries. A state-issued medical license is required for such purchases, as long as the products contain 0.3% THC or less in accordance with the 2018 Farm Bill.  

• Hemp and CBD are legal
• All products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products are permitted
• Delta-8 THC is not banned

MONTANA

Montana legalized the recreational use of cannabis in January of 2022. However, the growth and sale of all hemp types is strictly prohibited unless a state-issued license is held. These licenses will be issued later in 2022, and may cause various production issues with local farmers. CBD products must contain 0.3% THC or less in order to be considered legal, as per the 2018 Farm Bill. Montana has ruled that Delta-8 THC is a controlled substance and is subsequently banned. 

• Hemp and CBD are legal
• All products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products are permitted
• Delta-8 THC is banned

NEBRASKA

Nebraska passed the Nebraska Hemp Farming Act in 2019 that requires that all CBD purchases be made through a state-licensed retailer. Any purchase from a non-regulated source constitutes as pession of a controlled substance and may lead to legal repercussions. It is strongly recommended to purchase all hemp products from farmers who align with the stipulations set forth in the Nebraska Hemp Farming Act. This act also specifies that derivatives, extracts, and cannabinoids must contain 0.3% THC or less in order to be considered legal. 

• Hemp and CBD are legal when purchased from licensed state-regulated sources
• All products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products are permitted
• Delta-8 THC is not banned

NEVADA

Nevada’s flourishing legal cannabis industry will soon include the sale of CBD products in the cannabis retail market. CBD that is derived from hemp must contain 0.3% THC in order to be legal for sale and consumption. Nevada has added Delta-8 THC and synthetic cannabinoids to their list of controlled substances, causing them to be banned statewide. 

• Hemp and CBD are legal
• All products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products are permitted
• Delta-8 THC is banned

NEW HAMPSHIRE

New Hampshire has not passed any specific legislation regarding CBD. The state seems to have adopted the legislation set forth in the 2018 Farm bill by requiring all products (sans food and beverages) to contain 0.3% or less THC. Both full hemp and Delta-8 THC products are permitted for use throughout the state.  

• Hemp and CBD are legal
• All products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products are permitted
• Delta-8 THC is not banned

NEW JERSEY

New Jersey requires a medical marijuana license for CBD purchases, but is fully legal to purchase and consume. Hemp products purchased online must contain 0.3% THC or less in accordance with the 2018 Farm Bill. New Jersey’s definition of Legal Hemp includes all cannabinoids, derivatives, and hemp isomers, making them legal for sale and consumption throughout the state. 

• Hemp and CBD are legal
• All products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products are permitted
• Delta-8 THC is not banned

NEW MEXICO

New Mexico requires all CBD purchases be purchased with a medical marijuana license. Online and in-state CBD purchases must align with the 2018 Farm Bill by containing 0.3% THC or less. The state pass the New Mexico Hemp Manufacturing Act in 2019, but Delta-8 THC remains legal for purchase and consumption throughout the state. 

• Hemp and CBD are legal
• All products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products are permitted
• Delta-8 THC is not banned

NEW YORK

New York has banned the purchase and consumption of CBD-infused food and beverages, though hemp-derived CBD products are still permitted. All Delta-8 THC products have been banned by the NY Department of Health, stating that Delta-8 THC is “better left to be regulated in the future Adult-Use program.” Recreational cannabis was legalized as of early 2022. 

• Hemp and CBD are legal
• All products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products are permitted
• Delta-8 THC is banned

NORTH CAROLINA

Back in 2014, North Carolina was an early pioneer for hemp with their Hemp Pilot Program. When the 2018 Farm Bill was passed, North Carolina concurred with the ruling that all products must contain 0.3% THC or less in order to be legally bought and sold. Smokable hemp flowers were under legal review and almost banned in 2021, but North Carolina’s House and Senate were able to reach an agreement that allowed the continued sale and consumption of smokable hemp products.  

• Hemp and CBD are legal
• All products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products are permitted
• Delta-8 THC is not banned

NORTH DAKOTA

North Dakota started a medical marijuana program in 2016 and has subsequently allowed commercial hemp to be legalized in 2019 through the House Bill 1045. All hemp products must contain 0.3% THC or less in order to be legally bought and sold in accordance with the 2018 Farm Bill. Recreational cannabis is up for review in 2022, but all forms of THC (including Delta-8 THC) have been banned.

• Hemp and CBD are legal
• All products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products are permitted
• Delta-8 THC is banned

OHIO

Ohio has readily embraced CBD products since 2019 when a bill was passed that allowed CBD products to be sold in everything. CBD is legally allowed to be incorporated into food, beverages, cosmetics, and much more. Ohio requires that all growers and processors of hemp be licensed by the state, and all products must contain a total THC content of 0.3% THC or less. Because of this, some full-spectrum hemp products may not be legal throughout the state. Delta-8 THC remains legal for sale and consumption. 

• Hemp and CBD are legal
• All products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products are permitted
• Delta-8 THC is not banned

OKLAHOMA

Oklahoma passed the Agriculture Improvement Act in 2018 which closely aligns with the 2018 Farm Bill. All CBD and hemp products must contain 0.3% THC or less in order to remain legal throughout the state. Recreational marijuana may be legalized in the near future, and Delta-8 THC is allowed to be bought and sold within the state. 

• Hemp and CBD are legal
• All products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products are permitted
• Delta-8 THC is not banned

OREGON

Oregon has legalized the use of cannabis and hemp products since 2014. These products have become more widespread throughout the state, thanks to the 2018 Farm Bill. Products that are derived from hemp or cannabis may be purchased online and in retail stores that hold state-issued licenses. Oregon defincs THC as the total overall content (also referred to as the molar sum), resulting in various Full Spectrum hemp products being considered illegal in some parts of the state. Delta-8 THC remains legal in the state and has not yet been banned. 

• Hemp and CBD are legal
• All products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products are permitted
• Delta-8 THC is not banned

PENNSYLVANIA

Pennsylvania initiated their Industrial Hemp Pilot Program in 2016 which allows CBD enthusiasts to purchase CBD products both online and in brick-and-mortar stores. Pennsylvania has yet to issue any legislation regarding the definition of THC, thus allowing Full Spectrum Hemp and Delta-8 THC products to be sold throughout the state without legal repercussions. 

• Hemp and CBD are legal
• All products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products are permitted
• Delta-8 THC is not banned

RHODE ISLAND

In 2019, Rhode Island explicitly ruled that hemp-derived CBD consumables may be bought and sold throughout the state. State-issued licenses are required for both producers and retailers, and must adhere to the 2018 Farm Bill’s federal THC content of 0.3% THC or less. THC is defined as the total Delta-9 THC percentage combined with THC derived from any part of the cannabis plant, whether it be a wet or dry weight basis. Since Full Spectrum products may not adhere to this definition, both these and Delta-8 THC products are not allowed. 

• Hemp and CBD are legal
• All products must contain 0.3% or less Delta-9 THC
• Majority of full spectrum hemp products are not permitted
• Delta-8 THC is banned

SOUTH CAROLINA

South Caroline has a growing industry for medical marijuana and CBD, thanks to the 2018 Farm Bill. All products must contain 0.3% THC or less in order to be purchased and consumed, whether they be cannabis or hemp derived. Both Full-Spectrum and Delta-8 THC products are permitted as well, as the South Carolina’s legislation does not specifically define what THC is. 

• Hemp and CBD are legal
• All products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products are permitted
• Delta-8 THC is not banned

SOUTH DAKOTA

In 2020, South Dakota passed the House Bill 1008, thus aligning their legislation with the THC requirements set forth in the 2018 Farm Bill. Despite being one of the last few states to allow hemp on a federal level, South Dakota agreed with the federal ruling that all hemp products must contain 0.3% THC or less. This allows full spectrum and Delta-8 THC products to be bought and consumed throughout the state. 

• Hemp and CBD are legal
• All products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products are permitted
• Delta-8 THC is not banned

TENNESSEE

Since 2015, Tennessee has allowed legally obtained CBD products, specifically oils, with a 0.3% THC content to be consumed. THC limitations are only restricted to Delta-9 THC, meaning that Full Spectrum Hemp and Delta-8 THC products are legal for use throughout the state. 

• Hemp and CBD are legal
• All products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products are permitted
• Delta-8 THC is not banned

TEXAS

Texas has specific requirements regarding the labeling of CBD products and requires specific criteria for state-registered retailers (i.e., hemp farms must be licensed). However, as long as the CBD products are hemp-derived and align with the 0.3% THC content as set forth by the 2018 Farm Bill, these products are allowed to be legally bought and consumed. In 2021, Texas allowed the sale and consumption of Delta-8 THC and full spectrum products, clarifying that they fall under the 2018 Farm Bill requirements as long as they do not pass the Delta-9 THC limitations. .

• Hemp and CBD are legal
• All products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products are permitted
• Delta-8 THC is not banned

UTAH

Utah requires that all growers, processors, and retailers of hemp products be licensed through the state’s Department of Agricultural and Food. As long as CBD products are hemp derived and contain less than 0.3% THC, it is legal to purchase and consume throughout the state. Utah passed specifically worded legislation that classifies Delta-8 and 10 THC, THC-O, and HHC as controlled substances, thus banning the sale and consumption of all products containing these cannabinoids. 

• Hemp and CBD are legal
• All products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products are permitted
• Delta-8 THC and similar THC-containing cannabinoids are banned

VERMONT

Since 2004, Vermont has legalized the medicinal use of cannabis and was quick to adopt the 2018 Farm Bill to allow the sale and use of hemp products, including full spectrum hep products. All products have a content limit of 0.3% THC or less in order to be considered legal. Vermont specifically excludes Delta-8 THC from their definition of legal hemp products, thus banning these products throughout the state.  

• Hemp and CBD are legal
• All products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products are permitted
• Delta-8 THC is banned

VIRGINIA

Virginia allows CBD products to be bought and sold throughout the state, as long as they are derived from hemp and contain a THC content of 0.3% or less. The state was an early supporter of smokable hemp, even going so far as to allow the sale of smokable hemp products from vending machines! However, Virginia’s Department of Agriculture and Consumer Services adamantly bans the use of CBD in food products. The state has yet to issue any specific legislation concerning THC’s legal definition, thus allowing full spectrum hemp and Delta-8 THC products to be bought and sold.  

• Hemp and CBD are legal
• All products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products are permitted
• Delta-8 THC is not banned

WASHINGTON

Washington has permitted the recreational use of cannabis for several years, marking it as one of the first states to do so. The state permits the sale and consumption of CBD as long as it is hemp derived and contains the legal THC content of 0.3% or less. However, CBD may not be added to or found in any food products. In 2021, the state’s Liquor and Cannabis Board specifically banned any products that contain genetic or chemical alterations. Since Delta-8 THC is not grown naturally by the plant, it is not legal to possess or sell these types of products within the state. Interestingly enough, the legislation does not ban users from purchasing Delta-8 THC from vendors in other states where the cannabinoid is legal. This is a bit of a “gray area” in terms of legality, so it’s recommended to do your due legal diligence before attempting such a purchase. 

• Hemp and CBD are legal
• All products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products are permitted
• Delta-8 THC purchases are banned within the state. 

WEST VIRGINIA

West Virginia was an early pioneer of hemp farming, allowing state-licensed farmers to grow hemp since 2002. The state passed legislation in 2019 (similar to the 2018 Farm Bill) that allowed CBD products to be bought and sold as long as they are hemp derived and contain 0.3% THC or less. West Virginia has yet to issue their legal definition of THC, thus allowing for the sale of Delta-8 THC and full spectrum hemp products to be bought and sold throughout the state. 

• Hemp and CBD are legal
• All products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products are permitted
• Delta-8 THC is not banned

WISCONSIN

Wisconsin has permitted the medical use of CBD since 2014 and was quick to adopt the 2018 Farm Bill into their own legislation. Their well-established CBD market allows for the sale and consumption of CBD products as long as they are hemp-derived and contain a THC content of 0.3% or less. Wisconsin has yet to issue a legal definition of THC, thus allowing full spectrum hemp and Delta-8 THC products to be bought and sold throughout the state. 

• Hemp and CBD are legal
• All products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products are permitted
• Delta-8 THC is not banned

WYOMING

Wyoming was quick to adopt the 2018 Farm Bill as their own and has allowed the sale and consumption of CBD products, provided that they are hemp-derived and contain 0.3% THC or less. The state has not issued a legal definition of THC, which has allowed full spectrum hemp and Delta-8 THC products to be bought and sold throughout the state. 

• Hemp and CBD are legal
• All products must contain 0.3% or less Delta-9 THC
• Full spectrum hemp products are permitted
• Delta-8 THC is not banned

Conclusion

We have put together an exhaustive list of laws regarding full-spectrum hemp products, CBD, and THC-containing cannabinoids (Delta-8, 9, 10, HHC, etc.) for each of the 50 states. Since laws are constantly changing, the information in this article may be inaccurate by the time you read it. This article is not intended to be used as legal advice, but as a quick reference or consulting guide. If you have questions about producing, manufacturing, buying, or selling any hemp or cannabinoid-infused product, you should consult your own legal counsel and state legislation for further information. The information in this article is current at the time of writing, but feel free to submit comments or inquiries about any inaccuracies and we will promptly rectify and adjust this information. We hope this information has been helpful on your journey into the wide and wonderful world of cannabis, hemp, and beyond!