Who can sell CBD products? Where is Delta 8 legal or illegal? Here’s quick guide to the CBD, Hemp & D8 laws in all 50 states, as of 2023 (Updated Early 2023)
In general, the 2018 Farm Bill made hemp derived CBD and cannabinoid products legal to buy and consume in the United States as long as they aren’t marketed as medicine or found in food or beverages. But there are exceptions! For example, states like Idaho and Nebraska have not fully adopted the Farm Bill, and there are still places in the United States where CBD is not legal to purchase!
Additionally, things can get complicated around ‘Full Spectrum’ hemp products that may fall below .3% delta 9 THC, but above .3% when considering Total THC calculations. These products are legal in some states, but specifically banned in others.
Finally the rise of popularity in Delta 8 THC has caused many states to pass legislation banning the cannabinoid. While in other states it’s considered part of the 2018 farm bill’s definition of Legal Hemp.
Don’t worry, this guide should help clear things up on a state by state basis.
** Keep in mind that regulations are constantly changing and readers should not consider this article legal advice. Prior to producing, processing, buying, or selling they should consult their own legal counsel familiar with the laws in their state. **
Ready to buy?
Check out kush.com for hemp products all around the United States. All products listed on kush.com are federally legal and only contain ‘hemp derived cannabinoids’, but states can differ, make sure to look into your local laws & regulations before making any purchases.
Kush.com is a site where you can list your hemp products and find buyers from all around the country. Learn more about Hot Listings and the rules for Kush.com Here.
Where Is Delta 8 Legal?
Delta 8 has been banned in 17 States for online sales; Alaska, Arizona, Colorado, Connecticut, Delaware, Idaho, Iowa, Kansas, Michigan, Montana, Nevada, New York, North Dakota, Rhode Island, Utah, Vermont, Virginia, and Washington. (Kentucky, Arkansas Removed 9/13/22, Mississippi Removed 11/10/22)
If you are outside of these states, most likely Delta 8 is covered under the 2018 Farm Bill’s definition of a federally legal hemp product.
More Details about Delta 8 & Kush.com Here. See below for specifics, and exceptions
Hemp Laws In Every State
Alabama
One of the few states that made a positive ruling themselves, stating that hemp can be produced, sold, and possessed. Alabama also has specifically stated that hemp derived material is legal as long as Delta 9 THC is less than .3% on the dry weight basis. This means Full Spectrum hemp products that may fail a Total THC requirement in some areas, would be legal in Alabama.
- Hemp & CBD Widely Legal
- Products must be under .3% D9 THC, Full Spectrum products are allowed
- Delta-8 has not been banned
Department of Agriculture
Website: Link
Department of Public Health
Website: Link
Alaska
Growing or Selling Hemp in Alaska isn’t simple. You’ll need to get approved and licenses through the Alaska Department of Natural Resources, and they are taking their time to finalize the rules and issue permits. On the other hand, CBD is legal for use in Alaska as long as it’s sourced from industrial hemp, specifically from the plant’s stalks and seeds.
Alaska has also legalized recreational cannabis! So there should be plenty of legal cannabinoid options.
- Recreational Cannabis is widely legal
- Delta 8 is considered a controlled substance and banned
Division of Agriculture
Website: Link
Department of Health and Social Services
Website: Link
Arizona
Independently of the 2018 Farm Bill, Arizona passed a court ruling in 2014 which stated that CBD is medically useful for treating epilepsy. Since then, they’ve adopted the 2018 Farm Bills definitions and even legalized Recreational Cannabis in 2020.
Currently the state requires Delta 9 THC to be less than .3% on the dry weight basis to be considered Hemp, but does seem to label Delta 8 as a controlled substance.
- Hemp & Recreational Cannabis Widely Legal
- Products must be under .3% D9 THC, Full Spectrum products are allowed
- Delta-8 is considered a Controlled Substance and banned
Department of Agriculture
Website: Link
Department of Health Services
Website: Link
Arkansas
There licensing requirements and restrictions on growing & selling hemp in Arkansas, but in general CBD/hemp products containing under .3% THC (decarboxylated THCA + delta 9 THC) are legal. Arkansas did seem to include all isomers of THC into the controlled substance category including Delta 8 THC, but in 2021 legislation was passed removing the section specifically naming isomers as scheduled substances. Rep. David Hillman whom sponsored the bill has said that he’s not ready to concede that the law legalized hemp-based THC products, but he acknowledged that the statute is at least ambiguous.
- Hemp & CBD is widely legal
- Must be under .3% THC, Full Spectrum products may not be legal
- Delta-8 seems to be legal and not a controlled substance, but there is debate!
Department of Agriculture
Website: Link
Department of Health
Website: Link
Ready to buy? Check out kush.com hemp products from sellers all around the United States.
California
With the legalization of cannabis in California, there is plenty of CBD options available both online from out of state, and in local stores. California Assembly Bill 45 was passed into law just recently, which allows hemp-derived cannabidiol (CBD) to be included in any food, beverages, and dietary supplements which was an issue prior to 2022. At one point Delta 8 was believed to be a controlled substance but as of May 2022 a federal appellate court in California held that delta-8 THC and other hemp-derived substances are legal under the 2018 Farm Bill.
- Hemp & Recreational Cannabis is widely legal
- Products must be under .3% D9 THC, Full Spectrum products are allowed
- Delta-8 is not considered a controlled substance or banned
Department of Food and Agriculture
Website: Link
Department of Public Health
Website: Link
Colorado
With the legalization of cannabis in Colorado, there is plenty of Cannabinoid options available both online from out of state, and in local stores. Colorado has ruled that industrial hemp products are required to have Delta 9 THC below .3%, but they have explicitly banned Delta 8 products.
- Hemp & Recreational Cannabis is widely legal
- Products must be under .3% D9 THC, Full Spectrum products are allowed
- Delta-8 is considered a Controlled Substance and banned
Department of Agriculture
Website: Link
Department of Public Health & Environment
Website: Link
Connecticut
As of 2021, Connecticut became one of the newest states to adopt Recreational Cannabis! Hemp is also legal; the state has not specifically ruled on the definition of Delta 9 THC so Full Spectrum products are allowed. Delta 8 products are legal in the state, but only from licensed retail Cannabis location (not online).
- Hemp & Recreational Cannabis is widely legal
- Products must be under .3% D9 THC, Full Spectrum products are allowed
- Delta-8 is legal only in retail cannabis locations, not online
Department of Agriculture
Website: Link
Department of Public Health
Website: Link
Ready to buy? Check out kush.com hemp products sourced around the United States.
Delaware
The State of Delaware has actively passed legislation since 2014 allowing for medical use of CBD, and was one of the first States to adopt the 2018 Farm Bill and allow for industrial hemp producers / processors. Hemp derived cannabinoids and CBD are generally legal to buy in Delaware as long as delta 9 THC doesn’t break the basic Federal requirements, but Delta 8 and all THC isomers were added to the controlled substance list.
- Hemp & CBD is widely legal
- Products must be under .3% D9 THC, Full Spectrum products are allowed
- Delta-8 is considered a Controlled Substance and banned
Department of Agriculture
Website: Link
Division of Public Health
Website: Link
Florida
CBD has been legal in Florida since the passing of the 2018 Farm Bill. Since then the state issued it’s own regulations (January of 2020) laying out specific guidelines and giving the Department of Agriculture the power to inspect stores and products. Selling things may come with a few regulatory hoops, but buying hemp CBD products is widely legal as long as the products pass the federal Farm Bill standards. Florida was also specific that Delta 9 THC to be less than .3% on the dry weight basis to be considered legal hemp, which makes it legal to sell and possess ‘Full Spectrum’ and Delta 8 products that might be banned in other states.
- Hemp & CBD is widely legal
- Products must be under .3% D9 THC, Full Spectrum products are allowed
- Delta-8 has not been banned
Department of Agriculture and Consumer Services
Website: Link
Department of Health
Website: Link
Georgia
As long as the product meets the basic 2018 Farm Bill .3% delta 9 THC requirement, industrial hemp growing, selling, and buying are legal in Georgia. Additionally Georgia has it’s own Low THC Oil Registry program with the Department of Public Health which allows qualified patients access to higher THC products (in state only). The state has not specifically ruled on Delta 8 THC so it is not banned and legal under Federal law.
- Hemp & CBD is widely legal
- Products must be under .3% D9 THC, Full Spectrum products are allowed
- Delta-8 has not been banned
Department of Agriculture
Website: Link
Department of Public Health
Website: Link
Ready to buy? Check out kush.com hemp products sourced around the United States.
Hawaii
In a recent development, as of November 1st, 2020 farmers in Hawaii can register to grow industrial hemp through the (USDA) Domestic Hemp Production Program.
At one point a Medical Marijuana Prescription was required to buy CBD products, but since the passing of the 2018 farm bill, any products under .3% THC are legal to purchase and consume. Hawaii has also been specific that Delta 9 THC to be less than .3% on the dry weight basis, and banned oral and inhalable Delta 8 products specifically.
- Hemp & CBD is widely legal
- Products must be under .3% D9 THC, Full Spectrum products are allowed
- Delta-8 is legal, but oral and inhalable D8 products are banned
Department of Agriculture
Website: Link
Department of Health
Website: Link
Idaho
Idaho is one of the tougher states to sell and consume CBD products within. The Idaho Attorney General considers CBD to be a controlled substance unless it is derived from excluded parts of the hemp plant (stalks and seeds for example) and contains no THC at all. This means that most hemp products available on the market would not be legal in Idaho, since they may have been derived from the hemp flowers, or contain trace amounts of THC.
- Hemp & CBD is not generally legal
Department of Agriculture
Website: Link
Department of Health and Welfare
Website: Link
Illinois
Illinois has had a long standing medical marijuana program and legalized cannabis in 2020. Since the passing of the 2018 Farm Bill the rules have become simpler, and all industrial hemp products that meet the .3% THC limit are legal to possess, and consume in Illinois. The state has also been specific that Delta 9 THC to be less than .3% on the dry weight basis, and even clarified that all natural hemp material, including hemp derived cannabinoids like Delta 8 THC, were exempt from their Cannabis Control Act.
- Hemp & Recreational Cannabis is widely legal
- Products must be under .3% D9 THC, Full Spectrum products are allowed
- Delta-8 is not considered a controlled substance and allowed
Department of Agriculture
Website: Link
Department of Public Health
Website: Link
Ready to buy? Check out kush.com hemp products sourced around the United States.
Indiana
Growing hemp in Indiana does require a license through the state, but possession and consumption are legal as long as the products are compliant with the 2018 Farm Bill and do not exceed .3% THC. Indiana has not specifically ruled on the definition of THC, or Delta 8 THC so Full Spectrum & Delta 8 hemp products have not been banned.
- Hemp & CBD is widely legal
- Products must be under .3% D9 THC, Full Spectrum products are allowed
- Delta-8 has not been banned
State Department of Agriculture
Website: Link
State Department of Health
Website: Link
Iowa
As of early 2020, Iowa has loosened the states regulations to resemble the 2018 Farm Bill’s standards. It is legal to grow, possess, buy or sell hemp in Iowa as long as it doesn’t break the .3% THC or the Food, Drug & Cosmetic Act by being used in food and drug products. Iowa does include all forms of THC into it’s controlled substances list which does seem to outlaw Delta 8.
- Hemp & CBD is widely legal
- Products must be under .3% D9 THC, Full Spectrum products are allowed
- Delta-8 is a controlled substance and banned
Department of Agriculture and Land Stewardship
Website: Link
Department of Public Health
Website: Link
Kansas
Before 2018 absolutely no THC was allowed in CBD products making it hard to source compliant products. But since then, Kansas has adopted the Farm Bill and passed their own legislation outlining industrial hemp rules. The state was specific that Delta 9 THC needs to be less than .3% on the dry weight basis, so Full Spectrum hemp products that may fail a Total THC requirement in some areas, should be legal in Kansas.
Delta 8 THC is currently banned in Kansas after a ruling in 2022 clarified that it is illegal to possess or sell.
- Hemp & CBD is widely legal
- Products must be under .3% D9 THC, Full Spectrum products are allowed
- Delta-8 is banned
Department of Agriculture
Website: Link
Department of Health and Environment
Website: Link
Ready to buy? Check out kush.com hemp products sourced around the United States.
Kentucky
Kentucky has been close to follow federal standards by allowing hemp cultivation back in 2014, and defining the definition of Hemp in 2018 as to allow end consumer sales, with one cavoite.. Purchasing hemp flowers, prerolls, and even smokeless products are prohibited without a license from the state. In other words, hemp cbd extracts are allowed in Kentucky, but not flower or any smokeable products. Kentucky also reversed a statement in April of 2021 clearly stating that all Delta 8 products are considered a scheduled substance, in August of 2022, switching their stance to allow Delta 8 products and further align with the Federal regulations.
- Hemp & CBD is legal, but smokeable hemp or flower is prohibited
- Products must be under .3% D9 THC, Full Spectrum products are allowed
- Delta-8 has not been banned
Department of Agriculture
Website: Link
Cabinet for Health and Family Services
Website: Link
Louisiana
CBD / hemp products are legal to purchase in Louisiana, but with some exceptions. In 2019 the state passed legislation explicitly legalizing hemp derived CBD and defined their limits as .3% Delta 9 THC.
Although CBD products are legal, the state prohibits Smokable CBD, as well as food, alcohol, and supplements. Delta 8 THC seems to be covered under the 2018 Farm Bill standards, and has not been explicitly banned in Louisiana.
- Hemp & CBD is legal but Smokeable, Food, & Beverage items are banned
- Products must be under .3% D9 THC, Full Spectrum products are allowed
- Delta-8 has not been banned
Department of Agriculture and Forestry
Website: Link
Department of Health
Website: Link
Maine
In Maine, CBD products are legal as long as there is no medical claims. Maine was also specific that Delta 9 THC needs to be less than .3% on the dry weight basis, and legalized all hemp derivates including Delta 8 THC.
- Hemp & CBD is widely legal
- Products must be under .3% D9 THC, Full Spectrum products are allowed
- Delta-8 has not been banned
Department of Agriculture, Conservation and Forestry
Website: Link
Department of Health and Human Services
Website: Link
Maryland
Low THC hemp derived CBD products have been legal in Maryland since 2015, and a bill for Recreational Cannabis currently awaits Maryland. Currently CBD is legal to purchase and consume in Maryland. The legislation has been specific that Delta 9 THC needs to be less than .3% on the dry weight basis, and seems to legalize all hemp derivates including Delta 8 THC.
- Hemp & CBD is widely legal
- Products must be under .3% D9 THC, Full Spectrum products are allowed
- Delta-8 has not been banned
Department of Agriculture
Website: Link
Department of Health
Website: Link
Ready to buy? Check out kush.com hemp products sourced around the United States.
Massachusetts
CBD is legal in Massachusetts and available from both the national hemp marketplace but also within the states legal Cannabis industry. In general Hemp Derived CBD under .3% THC is legal to purchase and consume in Massachusetts if it’s non-food CBD products with no medicinal and therapeutic claims. Massachusetts has specifically legalized all Hemp that meet the Delta 9 THC requirement, which included Delta 8 THC.
- Hemp & CBD is widely legal
- Products must be under .3% D9 THC, Full Spectrum products are allowed
- Delta-8 has not been banned
Department of Agricultural Resources
Website: Link
Department of Public Health
Website: Link
Michigan
With a thriving legal cannabis industry, CBD is in no short supply for Michigan. In general Hemp Derived CBD under .3% THC is legal to purchase and consume in Michigan, but effective October 11, 2021, it is illegal for businesses to sell delta-8 without proper licensing from the Marijuana Regulatory Agency (considered a cannabis product now). In other words, you can still find delta 8 products at a retail cannabis shop, but you won’t be able to purchase products online from the Hemp market.
- Hemp & CBD is widely legal
- Products must be under .3% D9 THC, Full Spectrum products are allowed
- Delta-8 has been considered Cannabis and is banned unless from a licensed Cannabis retailer in Michigan
Department of Agriculture & Rural Development
Website: Link
Department of Health and Human Services
Website: Link
Minnesota
CBD products have been sold in Minnesota for a few years now, but as of January, 2020 the state officially legalized and defined hemp and cbd products. Now in general CBD products that test under .3% THC, but In 2022 Minnesota passed legislation to limit Delta 8 products to five milligrams of total combined THC – such as delta-9, delta-8 and delta-10 – per serving, with individual packages limited to 50mg in edibles.
- Hemp & CBD is widely legal
- Products must be under .3% D9 THC, & Edibles must be under five milligrams of total combined THC, and less than 50mg per package
- Delta-8 has not been banned
Department of Agriculture
Website: Link
Department of Health
Website: Link
Mississippi
Finally as of mid 2020 Mississippi signed the Hemp Cultivation Act that allowed the buying and selling of CBD Hemp Products, and aligned the states standards closer with the 2018 Farm Bill.
CBD options are available both in state and online, in October of 2022 Mississippi amended their definition of hemp to include any products less than .3% Delta 9 THC specifically, making delta 8 products legal.
- Hemp & CBD is widely legal
- Products must be under .3% Total D9 THC
- Delta-8 is legal as of Oct, 2022
Department of Agriculture and Commerce
Website: Link
Department of Health
Website: Link
Missouri
Missouri has it’s own medical cannabis industry in which a medical license can be acquired from the state to allow the purchase of CBD products from licensed dispensaries. In general since the 2018 Farm Bill CBD products that test under .3% THC is legal, including Delta 8 THC.
- Hemp & CBD is widely legal
- Products must be under .3% D9 THC, Full Spectrum products are allowed
- Delta-8 has not been banned
Department of Agriculture
Website: Link
Department of Health and Senior Services
Website: Link
Ready to buy? Check out kush.com hemp products sourced around the United States.
Montana
As of January 1st, 2022 recreational cannabis became legal in Montana, but within the legislation the growing and selling of any form of hemp was banned without a state issued license (to be issued later in 2022). Though producing hemp might become more difficult it seems that other CBD products that fit the 2018 Farm Bill Standards of <.3% D9 THC are legal to purchase. Montana does consider all forms of THC a controlled substance, including delta 8.
- Hemp & CBD is legal to purchase
- Products must be under .3% D9 THC, Full Spectrum products are allowed
- Delta-8 is a controlled substance and banned
Department of Agriculture
Website: Link
Department of Public Health and Human Services
Website: Link
Nebraska
Buying CBD products became legal in 2019 when the state passed the Nebraska Hemp Farming Act, but you will need to purchase from a licensed retailer within the state. In general the Nebraska Hemp Farming Act states that legal hemp includes any derivative, extract, or cannabinoid with no more than 0.3% THC including Delta 8 products.
Possession of CBD derived from a non-regulated source is considered possession of a controlled substance. To play it safe, you’ll want to buy your hemp products from farms within Nebraska that are clearly following the Nebraska Hemp Farming Act.
- Hemp & CBD is legal from regulated sources within the state
- Products must be under .3% D9 THC, Full Spectrum products are allowed
- Delta-8 has not been banned
Department of Agriculture
Website: Link
Department of Health and Human Services
Website: Link
Nevada
With a growing legal cannabis industry, CBD is in no short supply for Nevada. CBD products will be available within the cannabis retail space, but in general Hemp Derived CBD under .3% THC is legal to purchase and consume. Nevada did update it’s controlled substance act to include THC, and synthetic cannabinoids which bans Delta 8 THC.
- Hemp & CBD is legal to purchase
- Products must be under .3% D9 THC, Full Spectrum products are allowed
- Delta-8 is a controlled substance and banned
Department of Agriculture
Website: Link
Division of Public and Behavioral Health
Website: Link
New Hampshire
New Hampshire has not passed specific CBD legislation, and instead diverted to federal standards given by the 2018 Farm Bill. Hemp derived CBD is legal as long as it’s under the .3% D9 THC limit, but is not allowed in food and beverages.
- Hemp & CBD is widely legal
- Products must be under .3% D9 THC, Full Spectrum products are allowed
- Delta-8 has not been banned
Department of Agriculture, Markets & Food
Website: Link
Department of Health and Human Services
Website: Link
Ready to buy? Check out kush.com hemp products sourced around the United States.
New Jersey
CBD products are legal in New Jersey both through a Medical Marijuana license and from Hemp Derived sources online that follow the 2018 Farm Bill Standards of <.3% D9 THC. New Jersey included all derivates, cannabinoids, and isomers of hemp in the definition of Legal Hemp, so Delta 8 THC is not currently banned.
- Hemp & CBD is widely legal
- Products must be under .3% D9 THC, Full Spectrum products are allowed
- Delta-8 has not been banned
Department of Agriculture
Website: Link
Department of Health
Website: Link
New Mexico
CBD can be found both through a Medical Marijuana license in New Mexico, and from Hemp Derived sources online that follow the 2018 Farm Bill Standards. The New Mexico Hemp Manufacturing Act, signed in 2019, aligns the states standards with the 2018 Farm Bill, and delta 8 has not been explicitly banned since the bills passing.
- Hemp & CBD is widely legal
- Products must be under .3% D9 THC, Full Spectrum products are allowed
- Delta-8 has not been banned
Department of Agriculture
Website: Link
Department of Health
Website: Link
New York
Though food and drinks containing CBD are still banned in New York the purchase and consumption of hemp derived CBD products is allowed. Recreational cannabis is new to New York as of 2022, and delta 8 products must be sold be licensed cannabis businesses. In other words, you can still find delta 8 products at a retail cannabis shop, but you won’t be able to purchase products online from the Hemp market.
- Hemp & CBD is widely legal
- Products must be under .3% D9 THC, Full Spectrum products are allowed
- Delta-8 is only available through licensed cannabis locations
Department of Agriculture & Markets
Website: Link
Department of Health
Website: Link
North Carolina
North Carolina started their own Hemp Pilot Program way back in 2014. Today the state has aligned with the 2018 Farm Bill and products under .3% THC are legal to purchase and consume. Law makers tried to ban smokable hemp flowers, which was to take place in 2021, but in 2020 the state’s House & Senate came to an agreement allowing smokable hemp and aligning closer to the Federal standards found in the 2018 Farm Bill.
- Hemp & CBD is widely legal
- Products must be under .3% D9 THC, Full Spectrum products are allowed
- Delta-8 has not been banned
Department of Agriculture & Consumer Services
Website: Link
Department of Health and Human Services
Website: Link
North Dakota
A medical Marijuana program was started in 2016 for North Dakota, recreational cannabis may be on the ballot in 2022, and as of 2019 commercial hemp growing was legalized! As a consumer it is legal to purchase hemp derived CBD that are compliant with the 2018 Farm Bill. North Dakota passed House Bill 1045 in 2019 which aligns the states laws with federal standards, with the exception that they explicitly banned all forms of THC including Delta 8.
- Hemp & CBD is widely legal
- Products must be under .3% D9 THC, Full Spectrum products are allowed
- Delta-8 has been banned
Department of Agriculture
Website: Link
Department of Health
Website: Link
Ohio
CBD products became more readily available in Ohio once a bill was passed in 2019 allowing for the sale of everything from CBD food products to cosmetics. Hemp growers and processors must be licensed, but buying and consuming CBD is legal. Full Spectrum hemp products that may fail a Total THC requirement in some areas, and delta 8 THC, has not been banned.
- Hemp & CBD is widely legal
- Products must be under .3% D9 THC, Full Spectrum products are allowed
- Delta-8 has not been banned
Department of Agriculture
Website: Link
Department of Health
Website: Link
Ready to buy? Check out kush.com hemp products sourced around the United States.
Oklahoma
Recreational Cannabis could be coming to Oklahoma soon, but in the meantime Oklahoma has aligned it’s Hemp CBD laws with the 2018 Farm Bill’s standards with the passing of the Agriculture Improvement Act in 2018. It is legal to purchase Hemp / CBD products as long as they pass the .3% Delta 9 THC federal standards.
- Hemp & CBD is widely legal
- Products must be under .3% D9 THC, Full Spectrum products are allowed
- Delta-8 has not been banned
Department of Agriculture, Food and Forestry
Website: Link
Department of Health
Website: Link
Oregon
Cannabis & Hemp were legalized in Oregon back in 2014. Since the passing of the 2018 Farm Bill products have become more available on the national market, and consumers can take advantage of both Hemp Derived CBD on the web or Cannabis Derived products within state licenses retail stores. The state defined THC as the molar sum of THC and THCA, or Total THC, which means some Full Spectrum hemp products will not be legal in Oregon.
- Hemp & CBD is widely legal
- Products must be under .3% Total THC, most Full Spectrum products are banned
- Delta-8 has not been banned
Department of Agriculture
Website: Link
Health Authority
Website: Link
Pennsylvania
In 2016 Pennsylvania launched it’s own Industrial Hemp Pilot Program, and since the passing of the 2018 Farm Bill consumers can find CBD both in store and online. The states legislation wasn’t specific about the definition of THC, so Full Spectrum hemp products that may fail a Total THC requirement in some areas, and Delta 8 products have not been banned.
- Hemp & CBD is widely legal
- Products must be under .3% D9 THC, Full Spectrum products are allowed
- Delta-8 has not been banned
Department of Agriculture
Website: Link
Department of Health
Website: Link
Rhode Island
In 2019 Rhode Island passed legislation explicitly authorizing the sale of hemp-derived consumable CBD products. Producers and retailers need to acquire a license from the state, but buying and consuming hemp derived CBD that follows the 2018 farm bill is legal. The legislation defines it’s THC limits as the combined percent of delta-9 tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant cannabis regardless of the moisture content. This means that Full Spectrum products that might be allowed in some states could potentially fail Rhode Islands THC limits, and for now it seems Delta 8 counts as THC and is banned.
- Hemp & CBD is widely legal
- Products must be under .3% Total THC, most Full Spectrum products are banned
- Delta-8 has been banned
Department of Environmental Management, Division of Agriculture
Website: Link
Department of Health
Website: Link
Ready to buy? Check out kush.com hemp products sourced around the United States.
South Carolina
There’s a limited Medical Marijuana / CBD industry in South Carolina available to qualifying patients, but since the passing of the 2018 Farm Bill the state has also opened up to hemp derived CBD options. Buying and consuming hemp derived CBD is legal in South Carolina. The legislation wasn’t specific about the definition of THC, so Full Spectrum hemp products that may fail a Total THC requirement in some areas, and Delta 8 THC products, are not banned.
- Hemp & CBD is widely legal
- Products must be under .3% D9 THC, Full Spectrum products are allowed
- Delta-8 has not been banned
Department of Agriculture
Website: Link
Department of Health and Environmental Control
Website: Link
South Dakota
South Dakota was one of the last states to adopt federally legal Hemp / CBD products after failing legalization in 2019. South Dakota finally passed House Bill 1008 in 2020, which aligned the states hemp laws with the 2018 Farm Bill’s standards of <.3% Delta 9 THC.
- Hemp & CBD is widely legal
- Products must be under .3% D9 THC, Full Spectrum products are allowed
- Delta-8 has not been banned
Department of Agriculture and Natural Resources
Website: Link
Department of Health
Website: Link
Tennessee
Hemp derived CBD products have been legal in Tennessee far before the 2018 Farm Bill. In fact, CBD oil that is less than 0.3% Delta 9 THC and obtained legally in the United States has been legal since 2015. The state was specific that their limits only apply to Delta 9 THC, so Full Spectrum hemp products that may fail a Total THC requirement in some areas, & delta 8 products, are legal in Tennessee.
- Hemp & CBD is widely legal
- Products must be under .3% D9 THC, Full Spectrum products are allowed
- Delta-8 has not been banned
Department of Agriculture
Website: Link
Department of Health
Website: Link
Texas
Texas has passed it’s own legislations that requiring specific labeling and retailer registration requirements, but generally allowing for the purchase and consumption of Hemp derived CBD products covered by the 2018 Farm Bill. If the products are sourced from a licensed farm, and contain less than .3% THC, it should be legal.
After some back and forth in late 2021, Texas clarified that delta 8 products are allowed and covered under the 2018 Farm Bill for the time being. The state was also specific that their limits only apply to Delta 9 THC, so Full Spectrum hemp products that may fail a Total THC requirement in some areas, should be legal in Texas.
- Hemp & CBD is widely legal
- Products must be under .3% D9 THC, Full Spectrum products are allowed
- Delta-8 has not been banned
Department of Agriculture
Website: Link
Department of State Health Services
Website: Link
Utah
Those who grow, process, or sell hemp products must be licensed by the Utah Department of Agriculture and Food, but generally buying and consuming compliant Hemp derived CBD products is legal in Utah. Utah did pass specific legislation including cannabinoids like Delta 8, Delta-10, THC-O, and HHC into the Utah Controlled Substances list.
- Hemp & CBD is widely legal
- Products must be under .3% D9 THC, Full Spectrum products are allowed
- Delta-8 & Similar cannabinoids are banned
Department of Agriculture and Food
Website: Link
Department of Health
Website: Link
Ready to buy? Check out kush.com hemp products sourced around the United States.
Vermont
Vermont legalized medical cannabis use way back in 2004, so it’s no surprise they were an early adopter of the 2018 Farm Bill and hemp products. Vermont did explicitly ban Delta 8 products from their legal definition of Hemp, but for general CBD products the state was specific that their limits only apply to Delta 9 THC, so Full Spectrum hemp products that may fail a Total THC requirement in some areas, should be legal in Vermont.
- Hemp & CBD is widely legal
- Products must be under .3% D9 THC, Full Spectrum products are allowed
- Delta-8 is banned
Agency of Agriculture, Food & Markets
Website: Link
Department of Health
Website: Link
Virginia
Under the 2018 Farm Bill, hemp derived CBD products are allowed in Virginia. In fact they were early adopters to specifically allow smokable hemp and the sale of smokable hemp products in vending machines. The Department of Agriculture and Consumer Services did issue a statement making it clear that CDB is not allowed in food items, and the state also ruled in 2022 that Delta 8 consumable products like edibles are also banned.
- Hemp & CBD is widely legal
- Products must be under .3% D9 THC, Full Spectrum products are allowed
- Delta-8 has has been banned in consumable products like Edibles and Beverages
Department of Agriculture and Consumer Services
Website: Link
Department of Health
Website: Link
Washington
Washington was one of the first states to legalize cannabis for recreational use so CBD products can be found in a few different places. Buying and consuming Hemp Derived CBD is legal in Washington as long as it’s not added to Food. The Washington State LCB did pass specific legislation in 2021 banning genetically or chemically altered products (which includes Delta 8 since it’s not originally grown by the plant) from being possessed or sold by licensed retailers in Washington. Buying delta 8 online from out of state vendors appears to be in the legal ‘grey area’, but is currently banned on kush.com until things are more clearly defined.
- Hemp & CBD is widely legal
- Products must be under .3% D9 THC, Full Spectrum products are allowed
- Delta-8 products have been banned within the state
State Department of Agriculture
Website: Link
State Department of Health
Website: Link
West Virginia
After passing their own legislation in 2019 West Virginia open the doors to Hemp Derived CBD products. West Virginia has allowed licensed hemp growers since 2002, but now consumers can buy and consume hemp derived CBD products found nationwide under the 2018 Farm Bill. West Virginia also wasn’t specific about the definition of THC, so Full Spectrum hemp products that may fail a Total THC requirement in some areas, and Delta 8 products, have not been banned.
- Hemp & CBD is widely legal
- Products must be under .3% D9 THC, Full Spectrum products are allowed
- Delta-8 has not been banned
Department of Agriculture
Website: Link
Department of Health and Human Resources
Website: Link
Wisconsin
Because they’ve had an established Medical CBD market going back to 2014, there are many places to find CBD products in Wisconsin. Generally, since 2018 the state has adopted the 2018 Farm Bill standards and now any Hemp Derived CBD products that test under .3% thc are legal to buy and consume.
- Hemp & CBD is widely legal
- Products must be under .3% D9 THC, Full Spectrum products are allowed
- Delta-8 has not been banned
Department of Agriculture, Trade and Consumer Protection
Website: Link
Department of Health Services
Website: Link
Wyoming
Buying and consuming hemp derived CBD is legal in Wyoming since the passing of the 2018 Farm Bill. Wyoming also wasn’t specific about the definition of THC, so Full Spectrum hemp products that may fail a Total THC requirement in some areas, and Delta 8 products, have not been banned.
- Hemp & CBD is widely legal
- Products must be under .3% D9 THC, Full Spectrum products are allowed
- Delta-8 has not been banned
Department of Agriculture
Website: Link
Department of Health
Website: Link
Ready to buy? Check out kush.com hemp products sourced around the United States.
** Keep in mind that regulations are constantly changing and readers should not consider this article legal advice. Prior to producing, processing, buying, or selling they should consult their own legal counsel familiar with the laws in their state. **
Tyana Daley
