Are Hemp derived cannabis products legal in my state?

Last updated: January 17, 2023

We’ll be updating this post and maps over time as hemp laws continue to change.

This article should not be used as a substitute for looking up your state’s current laws surrounding hemp products. These laws are changing rapidly and we may not always have the most current information.

Which states have regulated, restricted, or banned delta-8?

Currently, 21 U.S. states have restricted or banned delta-8 THC and a further four states are currently reviewing its legal status. 

The 20 U.S. states that have regulated, restricted, or banned delta-8:

1. Alaska
2. Arizona
3. California 
4. Colorado
5. Connecticut
6. Delaware
7. Idaho 
8. Iowa
9. Michigan
10. Minnesota
11. Mississippi
12. Montana
13. New York
14. Nevada
15. North Dakota
16. Oregon
17. Rhode Island
18. Utah
19. Vermont
20. Washington

Live update: Where is delta-8 legal?

Here you can find the latest on whether delta-8 THC is available and legal in your state. We work around the clock to provide you with the latest developments on the statewide legality of delta-8 and its products.

Delta-8 is available in 29 states + 1 district:

1. Alabama
2. Arkansas
3. Florida
4. Georgia
5. Hawaii
6. Illinois
7. Indiana
8. Kansas
9. Kentucky
10. Maine
11. Maryland
12. Massachusetts
13. Missouri
14. Nebraska
15. New Hampshire
16. New Jersey
17. New Mexico
18. North Carolina
19. Ohio
20. Oklahoma
21. Pennsylvania
22. South Carolina
23. Tennessee
24. Texas
25. Virginia
26. Washington
27. Washington DC
28. West Virginia
29. Wisconsin
30. Wyoming

Where Is THC-O Considered Legal?

Right now, THC-O is considered legal in the vast majority of the United States. It is considered to be a derivative of the 2018 Farm Bill, so THC-O is legal except in places where THC is banned. On the other hand, that means that if a state has legalized THC, then THC-O is also legal.

As of this writing, you can legally buy hemp-derived THC-O products in:

1. Alabama
2. California
3. Connecticut
4. Florida
5. Georgia
6. Hawaii
7. Illinois
8. Indiana
9. Kansas
10. Kentucky
11. Louisiana
12. Maine
13. Maryland
14. Massachusetts
15. Michigan
16. Nebraska
17. Nevada
18. New Jersey
19. New Mexico
20. New York
21. North Carolina
22. North Dakota
23. Ohio
24. Oklahoma
25. Oregon
26. Pennsylvania
27. South Carolina
28. South Dakota
29. Tennessee
30. Texas
31. Virginia
32. Washington
33. West Virginia
34. Wisconsin
35. Wyoming

THC-O is most likely illegal in these states:

1. Alaska
2. Arizona
3. Arkansas
4. Colorado
5. Delaware
6. Idaho
7. Iowa
8. Mississippi
9. Montana
10. Rhode Island
11. Utah
12. Vermont

The laws are changing quickly, so it is important for people to take a look at local regulations to see what is allowed.

Where Is CBD Considered Legal?

As of this writing, you can legally buy hemp-derived products in:

1. Alabama
2. Alaska
3. Arizona
4. Arkansas
5. California
6. Colorado
7. Connecticut
8. Delaware
9. Florida
10. Georgia
11. Hawaii
12. Illinois
13. Indiana
14. Iowa
15. Kansas
16. Kentucky
17. Louisiana
18. Maine
19. Maryland
20. Massachusetts
21. Michigan
22. Minnesota
23. Mississippi
24. Missouri
25. Montana
26. Nevada
27. New Hampshire
28. New Jersey
29. New Mexico
30. New York
31. North Carolina
32. North Dakota
33. Ohio
34. Oklahoma
35. Oregon
36. Pennsylvania
37. Rhode Island
38. South Carolina
39. Tennessee
40. Texas
41. Utah
42. Vermont
43. Virginia
44. Washington
45. West Virginia
46. Wisconsin
47. Wyoming

CBD is most likely illegal in these states:

1. Idaho
2. South Dakota
3. Nebraska

The laws are changing quickly, so it is important for people to take a look at local regulations to see what is allowed.

States where you can legally buy hemp derived Delta 9 products

Hemp-derived delta 9 THC products are legal in 42 states. You can also buy them in Puerto Rico and Washington, D.C.

These states follow the Farm Bill to the letter when it comes to hemp delta 9 products and don’t plan on introducing any changes.

This means that as long as the levels of delta 9 don’t exceed 0.3% by dry weight, such products are legal to produce, sell, buy, possess, and consume.

However, some states have introduced certain modifications regarding specific cannabinoid-based products, such as delta 8 THC, and other states may follow soon, including the legality of delta 9.

As of this writing, you can legally buy hemp-derived delta 9 THC products in:

1. Alabama
2. Alaska
3. Arizona
4. Arkansas
5. Delaware
6. Florida
7. Georgia
8. Hawaii
9. Idaho
10. Illinois
11. Indiana
12. Iowa
13. Kansas
14. Louisiana
15. Maine
16. Maryland
17. Massachusetts
18. Michigan
19. Minnesota
20. Mississippi
21. Missouri
22. Montana
23. Nebraska
24. Nevada
25. New Hampshire
26. New Jersey
27. New Mexico
28. New York
29. North Carolina
30. Ohio
31. Oklahoma
32. Oregon
33. Rhode Island
34. South Carolina
35. South Dakota
36. Tennessee
37. Texas
38. Utah
39. Virginia
40. West Virginia
41. Wisconsin
42. Wyoming
43. Washington D.C.

States That Restricted the Use of Hemp Delta 9 THC

California is the only state that placed specific restrictions on hemp delta 9, with several others using the 0.3% threshold for other forms of THC. The restrictions require hemp companies to test all THCs to make sure none of them exceeds the said limit. Companies are also obliged to list restrictions on the packaging.

States That Banned Converted Cannabinoids (Most Hemp Delta 9 Is Illegal There)

While only a few states have explicitly addressed hemp delta 9 THC in their cannabis regulations (besides regurgitating the limits created by the Farm Bill), the push to regulate delta 8 in many states caused some collateral damage.

The most common way to make delta 8 THC from hemp is to convert CBD into delta 8 chemically, and some states have decided to prohibit this process instead of delta 8 specifically.

However, as it turns out, hemp delta 9 products use strikingly similar conversions that are also banned by laws like this.

The states that ban the conversion of CBD into THC isomers are:

• Colorado
• North Dakota
• Washington

States Where Hemp Delta 9 Is Illegal

So far, only Idaho has banned hemp-derived delta 9 THC. The state authorities refer to the Uniform Controlled Substances Act to clarify the legal status of hemp-derived products.

According to this law, hemp extracts can’t contain any levels of THC or its analogs, including delta 8, delta 9, delta-10, , THC-O, and others. The bill kills much of the CBD market in Idaho, too.

States Where Hemp-Derived Delta 9 Is in a Gray Area

Some states haven’t yet looked into the legal status of hemp delta 9 THC. Others are in the process of making changes to limit the availability of such products, similarly to how delta 8 was restricted. For example, in Vermont, hemp delta 9 products can be legal and illegal depending on how legal bodies interpret the definition of “synthetic cannabinoids.”

In these states, hemp-derived delta 9 is in a gray area:

• Kentucky
• Pennsylvania
• Vermont

States you can legally buy hemp derived HHC products

As of this writing, you can legally buy hemp-derived HHC products in:

1. Alabama
2. California
3. Connecticut
4. Florida
5. Georgia
6. Indiana
7. Louisiana
8. Maine
9. Maryland
10. Massachusetts
11. Michigan
12. Minnesota
13. Nebraska
14. New Hampshire
15. New Jersey
16. New Mexico
17. North Carolina
18. Ohio
19. Oklahoma
20. Oregon
21. Pennsylvania
22. South Carolina
23. South Dakota
24. Tennessee
25. Texas
26. Virginia
27. West Virginia
28. Wisconsin
29. Wyoming

States where you can legally buy THCP products

Federally, THCP is legal as long as it comes from hemp.

But this would make life too easy for cannabis users, so the actual legal status of THCP is in limbo.

Although federally legal, THCP can be subject to different regulations in individual states.

So far, THCP isn’t mentioned on any state bill, but you can assume it’s illegal in states that have banned all forms of THC.

As of this writing, you can legally buy hemp-derived THCP products in:

1. Alabama
2. California
3. Connecticut
4. Florida
5. Georgia
6. Hawaii
7. Illinois
8. Indiana
9. Kansas
10. Kentucky
11. Louisiana
12. Maine
13. Maryland
14. Massachusetts
15. Michigan
16. Minnesota
17. Missouri
18. Nebraska
19. Nevada
20. New Hampshire
21. New Jersey
22. New Mexico
23. North Carolina
24. North Dakota
25. Ohio
26. Oklahoma
27. Oregon
28. Pennsylvania
29. South Carolina
30. South Dakota
31. Tennessee
32. Texas
33. Washington
34. West Virginia
35. Wisconsin
36. Wyoming

THCP is most likely illegal in these states:

1. Alaska
2. Arizona
3. Arkansas
4. Colorado
5. Delaware
6. Idaho
7. Iowa
8. Mississippi
9. Montana
10. New York
11. Rhode Island
12. Utah
13. Vermont
14. Virginia

Interestingly, some of the above states have legalized the recreational use of marijuana, but they don’t want to dive too deep because THCP and other isomers of delta 9 THC aren’t as well researched as the original compound.

Always check with your local state laws before buying THCP online.