Compliance Feb 13
By sws 2 Comments

Who can sell CBD products? Where is Delta 8 legal or illegal? Here’s a quick guide to the CBD, Hemp & Delta 8 laws in all 50 states, as of early 2022. So whether you’re looking for ediblesflowerpre rollsvapes, or a specific strain to help with your day, we’ve got you covered.

The 2018 Federal Farm Bill made hemp-derived CBD and other 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 0.3% delta 9 THC, but above 0.3% 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 will 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 pickflowerz.com for hemp products available all throughout the United States. All products listed on pickflowerz.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.

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 0.3% 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.

ALASKA

Growing or Selling Hemp in Alaska isn’t simple. You’ll need to get approval 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.

ARIZONA

Independently of the 2018 Farm Bill, Arizona passed a court ruling in 2014 that 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 THC products as a controlled substance.

ARKANSAS

There licensing requirements and restrictions on growing & selling hemp in Arkansas, but in general CBD/hemp products containing under 0.3% THC (decarboxylated THCA + delta 9 THC) are legal. Arkansas does seem to include all isomers of THC into the controlled substance category including Delta 8 THC.

Ready to buy? Check out pickflowerz.com hemp-derived products to find a product that helps you find your calm.

CALIFORNIA

With the legalization of cannabis in California, there are plenty of CBD products 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.

Delta 8 THC in California is currently under Legal Review with the team. Recent legislation may have banned any forms of THC in hemp products, which would make delta 8 products illegal in California.

COLORADO

With the legalization of cannabis in Colorado, there are 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.

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, but all isomers of THC including Delta 8 and Delta 10 THC have been explicitly banned.

  • Hemp & Recreational Cannabis is widely legal
  • Products must be under 0.3% D9 THC, Full Spectrum products are allowed
  • Delta-8 is considered a Controlled Substance and banned

Ready to buy? Check out pickflowerz.com hemp-derived products to find a product that helps you find your tranquility.

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 (0.3%), but Delta 8 THC and all THC isomers were added to the controlled substance list.

FLORIDA

CBD has been legal and widely unregulated in Florida until regulations went into effect in January of 2020 giving the Department of Agriculture the power to inspect stores and products. Selling things may come with more regulatory hoops, but buying hemp CBD products hasn’t changed. The state has also been specific that Delta 9 THC to be less than 0.3% on the dry weight basis.

GEORGIA

As long as the product meets the basic 2018 Farm Bill 0.3% 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.

Ready to buy? Check out pickflowerz.com hemp-derived products to find a product that helps you break through your anxiety.

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 0.3% THC are legal to purchase and consume. Hawaii has also been specific that Delta 9 THC to be less than 0.3% on the dry weight basis and banned oral and inhalable Delta 8 products specifically.

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.

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 0.3% THC limit are legal to possess and consume in Illinois. The state has also been specific that Delta 9 THC to be less than 0.3% 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.

Ready to buy? Check out pickflowerz.com hemp-derived products to find a product that helps you coast through your day and zonk through the night.

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 0.3% 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.

IOWA

As of early 2020, Iowa has loosened the state’s 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 0.3% THC or the Food, Drug & Cosmetic Act by being used in food and drug products. Iowa does include all forms of THC into its controlled substances list which does seem to outlaw Delta 8.

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 its own legislation outlining industrial hemp rules. The state was specific that Delta 9 THC needs to be less than 0.3% on a 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 under legal review in Kansas. As of December 2021 the state’s Attorney General Derek Schmidt released an opinion that made delta-8 THC illegal to possess or sell in Kansas, so for the time being it is banned on kush.com.

KENTUCKY

Kentucky has been close to follow other 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 caveat. Purchasing hemp flowers, pre rolls, 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 issued a statement in April of 2021 clearly stating that all Delta 8 products are considered a scheduled substance.

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.

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.

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 0.3% on the dry weight basis, and seems to legalize all hemp derivates including Delta 8 THC.

MASSACHUSETTS

CBD is legal in Massachusetts and available from both the national hemp marketplace and within the state’s legal Cannabis industry. In general Hemp-Derived CBD under 0.3% 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 meets the Delta 9 THC requirement, which included Delta 8 THC.

MICHIGAN

With a thriving legal cannabis industry, CBD is in no short supply for Michigan. In general Hemp-Derived CBD under 0.3% 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).

  • Hemp & CBD is widely legal
  • Products must be under 0.3% Delta 9 THC, Full Spectrum products are allowed
  • Delta 8 products have been considered Cannabis and is banned unless from a licensed Cannabis retailer in Michigan

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 0.3% THC is legal but the state-defined THC as total potential THC post-decarboxylation, which means some Full Spectrum hemp products will not be legal in Minnesota.

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 state’s standards closer with the 2018 Farm Bill.

CBD options are available both in-state and online, but possession of any amount of CBD with more than 2.5 milligrams of THC per milliliter is punishable by Mississippi law so caution and legal diligence are highly recommended.

Delta 8 THC is currently under legal review in Mississippi. Though some sites claim delta 8 THC is legal in Mississippi, it appears all forms of THC are explicitly banned including Delta 8.

MISSOURI

Missouri has its 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 0.3% THC is legal, including Delta 8 THC.

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 0.3% D9 THC, Full Spectrum products are allowed
  • Delta-8 is a controlled substance and banned

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.

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 0.3% THC is legal to purchase and consume. Nevada did update its controlled substance act to include THC and synthetic cannabinoids which bans Delta 8 THC.

  • Hemp & CBD is legal to purchase
  • Products must be under 0.3% D9 THC, Full Spectrum products are allowed
  • Delta-8 is a controlled substance and banned

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.

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.

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 state’s standards with the 2018 Farm Bill, and delta 8 has not been explicitly banned since the bill’s passing.

NEW YORK

Though food and drinks containing CBD are still banned in New York the purchase and consumption of hemp-derived CBD products are allowed. Recreational cannabis is coming to New York sometime in 2022, but in the meantime Delta 8 has been clearly banned by the Dept. of Health, stating that D8 was, “better left to be regulated in the future Adult-Use program.”

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 0.3% THC are legal to purchase and consume. Lawmakers 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.

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 is compliant with the 2018 Farm Bill. North Dakota passed House Bill 1045 in 2019 which aligns the laws of the state with federal standards, with the exception that they explicitly banned all forms of THC including Delta 8.

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.

Ready to buy? Check out pickflowerz.com hemp-derived products to find a product that helps you catch some Zzz’s.

OKLAHOMA

Recreational Cannabis could be coming to Oklahoma soon, but in the meantime, Oklahoma has aligned its 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.

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-licensed 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.

PENNSYLVANIA

In 2016 Pennsylvania launched its own Industrial Hemp Pilot Program, and since the passing of the 2018 Farm Bill consumers can find CBD both in-store and online. The state’s 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.

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.

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.

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 state’s hemp laws with the 2018 Farm Bill’s standards of <.3% Delta 9 THC.

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.

TEXAS

Texas has passed its own legislations that require specific labeling and retailer registration requirements but generally allow 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 0.3% THC, they 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.

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.

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 may fail a Total THC requirement in some areas, should be legal in Vermont.

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 in food items is still banned, but the state 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.

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.

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.

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. The state 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.

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.

Ready to buy? Check out pickflowerz.com hemp-derived products sourced throughout the United States.

** Keep in mind that regulations are constantly changing and readers should not consider this article as legal advice. Prior to producing, processing, buying, or selling they should consult their own legal counsel familiar with the laws in their state. **

 

2 Comments

  1. […] Is it legal? […]

  2. […] across states. When it comes to buying/selling hemp-derived products, you’ll want to check the state-specific laws regarding the products you’re […]

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