Hemp Laws in the 50 States

Considering that the 2023 Farm Bill has been delayed again- this time extended through September 30, 2025- the nationwide question regarding the hemp loophole remains unresolved. Hemp is defined under the 2018 Farm Bill to include any cannabis plant, or derivative thereof, that contains not more than 0.3 percent delta-9 tetrahydrocannabinol (“THC”) on a dry-weight basis. Amendments such as the Mary Miller Amendment have been proposed, attempting to redefine legal hemp to only include naturally occurring, non-intoxicating cannabinoids, effectively outlawing lab-created substances such as delta-8 THC and its analogues.

Nevertheless, as of now intoxicating hemp is federally legal. However, that is not the case for every state. Below is a list detailing the legality of hemp for each state.

Alabama

As of July 1, 2025, the sale of smokable hemp products and synthetic cannabinoid is banned. Nonetheless, the sale of edibles and beverages is allowed, but limited to 10 milligrams of THC per serving. Additionally, online sales, direct delivery, drive through sales, and direct shipments of consumable hemp products within or into Alabama are strictly prohibited.

Alaska

Products in Alaska cannot contain synthetic cannabinoids like Delta-8 or HHC and are unable to contain Delta-9 if it is greater than 0.3% THC. Hence, legal products can only contain naturally occurring cannabinoids. Hemp is able to be purchased both through online sales and in brick-and-mortar stores.

Arizona

The legal limit in Arizona regarding hemp is 0.3% THC. The State strictly enforces the THC level, so much so that they require growers to regularly take part in periodic inspections and testing in order to confirm that their crops satisfy the requirement. Hemp is able to be purchased at CBD stores, dispensaries, and online.

Arkansas

Arkansas allows products made solely from industrial hemp, provided the products adhere to the federally approved limit of 0.3% THC or less. As a result, Delta-8 is considered unlawful. Nonetheless, hemp flower is available for sale and purchase in dispensaries, gas stations, groceries, and online.

California

As a result of a September 2024 letter published by Governor Gavin Newsom, the retail sale of hemp food, beverage, and dietary products containing detectable amount of THC is now unlawful and those products must be removed from the retail marketplace. Products that combine CBD and THC are available to purchase at cannabis dispensaries.

Colorado

Residents can buy and consume natural hemp products, which contain no more than 0.3% THC on a dry weight basis. Consumers are additionally able to buy smokable hemp flowers from local stores.

Connecticut

Connecticut allows hemp and hemp-derived products to be grown legally, as long as they do not contain more than 0.3% THC. The State has implemented new regulations, requiring hemp-derived products containing certain levels of THC to be sold exclusively through licensed cannabis establishments.

Delaware

All natural hemp derived products with no more than 0.3% THC are considered legal in Delaware. Accordingly, smokable hemp is legal and can be purchased at local stores and from online retailers.

Florida

Consumers are able to purchase all hemp products with a total THC content not exceeding 0.3% in Florida. Keep in mind, the State requires that hemp smoking or vaping should not create a psychotropic effect.

Georgia

Georgia enforces stringent regulations on hemp-derived cannabinoids, requiring that all consumable hemp products must not contain more than 0.3% total THC. In accordance with the regulations, high-THCa hemp flower is banned.

Hawaii

Hawaii allows orally consumable delta-9 THC with a concentration of no more than 0.3% THC. As a result, the state hemp regulations prohibit vape liquids containing hemp-derived cannabinoids, CBD gummies, and drinks. Additionally, it is illegal to smoke hemp or sell edible hemp products in Hawaii.

Idaho

The state mandates that all hemp-derived products must contain 0.0% THC, effectively prohibiting any detectable amount of THC in such products. This regulation applies to both in-state sales and out-of-state sellers importing hemp.

Illinois

Consumers in Illinois permits the sale and consumption of all hemp products with a THC content not exceeding 0.3%. Individuals are also able to purchase smokable hemp flower at licensed CBD dispensaries, grocery stores, drug stores, and online retailers.

Indiana

Hemp-derived products with a THC content of 0.3% or less are legal in Indiana. The public smoking of hemp flower and hemp is however prohibited in the State.

Iowa

Iowa requires hemp products have limited THC amounts of four milligrams per serving, or ten milligrams per container. In terms of what hemp products are allowed, Iowa prohibits synthetic THC from being used in products.

Kansas

Consumers in Kansas are able to obtain hemp products that have a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis.

Kentucky

The legal limit in Kentucky regarding hemp and hemp-derived products allows for hemp-based CBD products to not exceed the legal THC limit of 0.3%. Furthermore, it is illegal to smoke hemp in Kentucky, whether in private residences or public.

Louisiana

Louisiana allows the presence of delta-9 THC is limited to 0.3% on a dry weight basis. They recently upped the legal age to consume cannabinoids to 21. Additionally, adult-use consumable hemp products containing above 0.5% THC, but not more than 1% THC are legal. On the other hand, smokable hemp flowers are illegal in Louisiana.

Maine

All hemp-derived products are legal in Maine as long as they contain no more than 0.3% THC. There are additionally no age or possession limits for hemp products.

Maryland

Hemp in Maryland can be sold as long as it does not exceed the 0.3% on a dry weight basis. It is important to keep in mind that hemp edibles and hemp-infused drinks are illegal. Residents are however able to purchase dry smokable hemp flowers from local stores and online retailers.

Massachusetts

Consumers are able to purchase hemp and hemp-derived products- including CBD- with no more than 0.3% THC in Massachusetts. The State does not allow any food product containing hemp-derived CBD to be sold at wholesale.

Michigan

Michigan has legalized all hemp products containing no more than 0.3% THC. However, smoking hemp in public is illegal. Hemp flower is able to be purchased in Michigan at vape shops, dispensaries, wellness centers, and convenience stores.

Minnesota

Hemp and hemp products sold for human consumption in Minnesota must not contain more than 0.3% of any THC. Similarly, an edible cannabinoid product must not contain any amount of THC that exceeds the limit.

Mississippi

All hemp products are legal in Mississippi, provided that they contain no more than 0.3% THC. Also, Mississippi has not placed any limits on the amount of hemp flowers consumers may purchase.

Missouri

The State of Missouri has legalized the use of all hemp-derived products, provided they contain no more than 0.3% THC or less. Consumers are able to order hemp flowers online, as well as in health stores and dispensaries around the state.

Montana

Natural hemp products are legal, provided that they contain no more than 0.3% THC or less. As a result, the manufacturing, sale, and distribution of synthetic cannabinoids, including delta-8 THC and similar compounds are prohibited. Smokable hemp flower can be purchased from local stores within the state.

Nebraska

Nebraska has legalized hemp products that contain no more than 0.3% THC. However, consumers can only smoke hemp on private property; as a result, it is illegal to smoke hemp in public places or places of employment.

Nevada

In Nevada, hemp cultivation, processing, sale, and consumption are legal. There is no limit to the amount of hemp flower a person can purchase, although all hemp products sold in Nevada must conform to the maximum THC level of 0.3%.

New Hampshire

As of October 9, 2023, New Hampshire prohibits the sale, possession, and distribution of hemp-derived products containing more than 0.3% THC. On the other hand, the New Hampshire Liquor Commission prohibits CBD, including hemp-derived CBD, as additives to food and beverages. Hemp flowers in New Hampshire are able to be obtained from local stores, hemp shops, and online stores.

New Jersey

As long as hemp products do not contain more than 0.3% THC, they are legal in New Jersey. Smoking hemp in New Jersey can be done in private, but it is strictly prohibited in public. Additionally, the state places no restrictions on the amount of hemp flowers which a resident can purchase. They also allow for hemp containing no more than 0.3% THC.

New Mexico

New Mexico allows for all hemp products, including food and edible in New Mexico, as long as they do not have more than 0.3% THC. There are no limitations on quantities of hemp flowers that New Mexico residents may purchase.

New York

All cannabinoid hemp products distributed or offered for retail sale in New York must contain no more than a 0.3% concentration of delta-9. Nonetheless, delta-8 THC is strictly prohibited.

North Carolina

Hemp parts and products, which do not contain more than 0.3% THC on a dry weight basis are legal in North Carolina. Nevertheless, smokable hemp flowers can readily be purchased from online vendors in the State. Businesses located outside of the state may ship hemp flowers for buyers ordering the product online.

North Dakota

North Dakota has prohibited the sale of hemp products created by using the isomerization of cannabinoids to cannabinoids to create more isomers of THC, including delta-8, delta-9, and delta-10 THC. As a result, natural hemp products containing 0.3% THC or less on a dry weight basis and other hemp products that follow the previous requirement are legal. Additionally, hemp flowers are available at local stores, as well as from online stores engaging in CBD product sales.

Ohio

In Ohio, hemp is considered legal, considering that it does not contain more than 0.3%. The State allows smokable hemp flowers to be purchased from reputable hemp and vape stores, as well as permitting hemp businesses to ship flowers to Ohio. Recently, the Ohio Senate passed SB 86, allowing restricted sales to licensed marijuana dispensaries imposing a 10% tax, and enforcing product testing and labeling requirements.

Oklahoma

Residents are able to purchase any form of hemp product, as long as they do not contain more than the stipulated 0.3% THC limit. Smokable hemp flower can be purchased from reputable hemp and vape stores, as well as permitting hemp businesses to ship flowers to Ohio.

Oregon

Oregon has mandated that all intoxicating hemp-derived cannabinoids, including Delta-8 THC, be processed and sold exclusively through OLCC- licensed marijuana businesses. Also, the federally mandated 0.3% THC level does not amount for the weight of an item. Oregon has allowed residents to buy smokable flowers at local stores and from online retailers.

Pennsylvania

According to the Pennsylvania State Hemp Plan does not prohibit any specific type of hemp product. As a result, the main restriction placed on hemp is that such products must not contain more than 0.3% THC. It is important to note that, in accordance with the Pennsylvania Clean Indoor Air Act, it is illegal to smoke in public places. Nevertheless, hemp flowers may still be purchased online or from local stores such as smoke shops.

Rhode Island

Consumers in Rhode Island can legally purchase and consume all hemp products, provided they contain no more than 0.3% THC on the dry weight basis. To the contrary, the use and purchase of tetrahydro-cannabinol isomers like Delta-8 and Delta-10 that are meant for consumption are prohibited.

South Carolina

South Carolina allows for the growing, selling, purchase, and possession of hemp in South Carolina, as long as the products’ level of THC does not exceed the federally imposed limit of 0.3%.

South Dakota

Hemp products that are not chemically modified are able to contain a maximum THC concentration of 0.3% THC in South Dakota. Smoking hemp products in public spaces or while driving is considered illegal. Businesses located in South Dakota cannot sell hemp flowers or ship them into the state.

Tennessee

Tennessee considers THC in quantities higher than 0.3% to be illegal. Along the same vein, CBD oil is legal, provided it is derived from hemp that contains less than 0.3% THC. Recently, House Bill 1376 was passed, going into effect January 1, 2026, banning products with THCa and synthetic cannabinoids and prohibiting direct-to-consumer sales.

Texas

All hemp and hemp-derived products in Texas are considered legal, as long as they do not exceed the 0.3% THC limit. Hemp flowers are able to be purchased from both physical and online retailers. After the 2025 legislative session, state law makers were called back for a special legislative session, aimed at tackling regulating the hemp industry.

Utah

Utah allows for all natural hemp products to be legal, prohibiting the sale, possession, and use of Delta-8 THC and similar hemp-derived cannabinoids by classifying all THCs as controlled substances, without exemptions for hemp-derived products.

Vermont

Natural hemp products are considered legal up to 0.3% THC. Accordingly, the manufacturing, sale, and distribution of Delta-8 THC and other synthetic cannabinoids derived from hemp are prohibited. Consumers are able to purchase hemp flowers from hemp shops, marijuana dispensaries, gas stations, and from online stores.

Virginia

Hemp and hemp-derived products are legal, as long as they do not exceed the state-prescribed CBD-to-THC ratio (25:1). Also, smoking hemp in public is illegal in Virginia.

Washington

Washington has banned all synthetic and hemp-derived cannabinoids, including Delta-8 THC, outside of the licensed cannabis retail system. Furthermore, hemp products which contain no more than 0.3% THC are legal in the State.

West Virgina

West Virginia law allows for certain hemp-derived derivatives, isomers, and cannabinoids with a THC content of 0.3% or less to be legal. Consumers may also purchase smokable hemp flowers from licensed dispensaries, pharmacies, and online vendors. The West Virginia legislature signed SB 546 into law in 2023, classifying Delta-8 as a Schedule I substance; however, the enforcement of SB 546 has been delayed.

Wisconsin

Hemp- in Wisconsin- is defined as cannabis with a delta-9 THC concentration of no more than 0.3% on a dry weight basis. Smokable hemp is available for purchase from local stores and online retailers.

Wyoming

Wyoming enacted Senate File 32 in March of 2024, prohibiting the addition of synthetic substances or other additives to hemp. Nonetheless, all natural hemp products with a 0.3% THC or less are legal in the State.

All in all, hemp laws in the 50 states are always evolving and changing. It is of the upmost importance to be up to date with the legislative changes, as well as monitoring your local regulatory commissions.

This Blog is for informational purposes only. It is not intended to give you any legal advice. If you have any questions about the topics discussed in this blog, please contact a licensed attorney in your jurisdiction.

Sources:

https://alison.legislature.state.al.us/files/pdf/SearchableInstruments/2025RS/HB445-enr.pdf

https://plants.alaska.gov/pdf/11%20AAC%2040%20-%20Hemp%20regs%20from%20FOLIO.pdf

https://agriculture.az.gov/sites/default/files/Title3Ch2Art4-1.pdf

https://arkleg.state.ar.us/Home/FTPDocument?path=%2FBills%2F2025R%2FPublic%2FSB533.pdf

https://www.cdph.ca.gov/Programs/OLS/CDPH%20Document%20Library/DPH-24-005E-IH_ER_Regulations_Text_Final.pdf

https://leg.colorado.gov/sites/default/files/2023a_271_signed.pdf

https://www.cga.ct.gov/2024/ACT/PA/PDF/2024PA-00076-R00HB-05150-PA.PDF

https://regulations.delaware.gov/AdminCode/title3/805

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0581/Sections/0581.217.html

https://legiscan.com/GA/text/SB494/id/2974003

https://www.capitol.hawaii.gov/sessions/session2020/bills/HB1819_SD3_.pdf