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Is Delta 9 Legal in My State

This state by state guide should serve as a good starting point to research hemp-derived Delta 9 product legality in your state.

This information does not constitute legal advice. You should always check your state and local laws before purchasing hemp derived THC products in this ever-changing legal landscape.

A State-by-State Guide to Hemp Delta-9 THC Legality Across the U.S.

Alabama


Hemp-derived Delta-9 THC is legal in Alabama under Senate Bill (SB) 225, provided it contains less than 0.3% THC by weight. SB 66, enacted in 2023, restricts sales to individuals aged 21 and older.


Alaska


Hemp-derived Delta-9 THC is illegal in Alaska. SB 6 prohibits the sale of hemp products with any THC content. However, recreational marijuana is legal for adult use, and the state classifies other THC types like Delta-8 and Delta-10 as controlled substances.


Arizona


Hemp Delta-9 THC is legal under SB 1098, which aligns with the Federal Farm Bill. The state permits sales as long as products are federally compliant.


Arkansas


Delta-9 THC from hemp is legal in Arkansas under HB 1640 (Act 565), which defines legal hemp as having less than 0.3% THC. Although Act 629 sought to regulate Delta-8 THC, a court ruling paused its enforcement.


California


California has enacted a temporary statewide ban on hemp-derived THC and THCV products, which prohibits their production, transportation, warehousing, and sale. This measure is in place until at least March 2025, with legal challenges being prepared by affected businesses.


Colorado


Hemp Delta-9 THC is allowed under strict dosage guidelines established by SB 23-271, limiting THC to 1.75 mg per serving, five servings per container, and requiring a 15:1 ratio of CBD to THC or higher.


Connecticut


Hemp Delta-9 THC can only be sold in licensed dispensaries unless the potency is very low. The state classifies high-THC hemp products under marijuana regulations through SB 6699.


Delaware


Hemp-derived Delta-9 THC is illegal in Delaware. While marijuana is legal for adults, the state’s laws classify all forms of THC under controlled substances.


Florida


Hemp Delta-9 THC is legal in Florida under SB 1020, allowing THC content up to 0.3% by dry weight. SB 1676 also limits sales to individuals aged 21 and older.


Georgia


Delta-9 THC from hemp is legal in Georgia under HB 213. The law permits products with less than 0.3% THC and explicitly allows Delta-9 THC under its hemp definition.


Hawaii


Hemp-derived Delta-9 THC is legal in Hawaii but must be naturally sourced. Products created through isomerization are prohibited, although enforcement of these rules has been inconsistent.


Idaho


Hemp products containing any THC, including Delta-9, are illegal in Idaho under its Uniform Controlled Substances Act.


Illinois


Delta-9 THC from hemp is legal in Illinois as long as it adheres to the 0.3% THC limit outlined in its Industrial Hemp Act.


Indiana


Hemp-derived Delta-9 THC is legal in Indiana under SB 516, which aligns with federal guidelines and recognizes products with less than 0.3% THC.


Iowa


Hemp Delta-9 THC is legal in Iowa, but combined THC content must remain under 0.3%. Products for inhalation are excluded under state law.


Kansas


Kansas permits hemp Delta-9 THC with a 0.3% limit for all THC isomers under HB 2167.


Kentucky


Hemp Delta-9 THC is legal under Kentucky’s HB 197, with sales restricted to those aged 21 and older.


Louisiana


Under HB 758, Louisiana allows hemp Delta-9 THC for individuals 21 and older. Products cannot exceed 8 mg of THC per serving.


Maine


Maine classifies hemp Delta-9 THC as legal under LD 630, provided it complies with federal THC limits.


Maryland


Following a court ruling on HB 556, hemp Delta-9 THC is legal under HB 1123. The law does not impose age limits on Delta-9 THC but includes restrictions on Delta-8 and Delta-10 cannabinoids.


Massachusetts


While hemp Delta-9 THC is technically legal, Massachusetts restricts the sale of common product forms like edibles, hemp flowers, and vapes, making commercial sales impractical.


Michigan


Delta-9 THC from hemp is legal in Michigan under HB 4744. However, HB 4517 classifies Delta-8 THC as illegal.


Minnesota


Hemp Delta-9 THC is legal in Minnesota under HF 4065, which mandates a minimum purchase age of 21 and sets THC limits for all isomers combined.


Mississippi


Although hemp legality is recognized under SB 2725, the state prohibits hemp products for human use unless FDA-approved. This creates uncertainty about enforcement.


Missouri


Hemp Delta-9 THC is legal under HB 2034, aligning the state’s definitions with the Federal Farm Bill.


Montana


While hemp Delta-9 THC is legal in Montana, it must be naturally derived and meet the 0.3% THC threshold set by HB 948.


Nebraska


Delta-9 THC from hemp is legal in Nebraska under LB 657.


Nevada


Hemp-derived Delta-9 THC is legal in Nevada as long as it is naturally sourced and meets the 0.3% federal THC limit.


New Hampshire


Hemp Delta-9 THC is legal in New Hampshire under HB 459. Products must comply with the 0.3% THC limit for all isomers.


New Jersey


Hemp Delta-9 THC is legal per the Hemp Farming Act, which incorporates the 0.3% Delta-9 THC limit established at the federal level.


New Mexico


Hemp Delta-9 THC is legal under New Mexico’s Hemp Manufacturing Act, provided it meets THC limits defined in the Federal Farm Bill.


New York


Delta-9 THC from hemp is legal in New York if naturally derived, excluding products made through isomerization from the state’s hemp program.


North Carolina


Hemp Delta-9 THC is legal under S455 and must comply with federal THC limits.


North Dakota


Hemp Delta-9 THC is legal, but state regulations prohibit products made through chemical conversion.


Ohio


Ohio permits hemp Delta-9 THC under SB 57, adhering to federal THC limits.


Oklahoma


Delta-9 THC is legal in Oklahoma, with laws aligning with the Farm Bill. State law includes Delta-8 and other isomers within the federal THC threshold.


Oregon


Oregon allows hemp Delta-9 THC under HB 3000, but products exceeding 2 mg of THC per serving are regulated as cannabis items.


Pennsylvania


Hemp Delta-9 THC appears to be de facto legal in Pennsylvania, though its formal legal status remains unclear due to ambiguous state regulations.


Puerto Rico


Hemp Delta-9 THC is legal in Puerto Rico under federal THC guidelines.


Rhode Island


Hemp Delta-9 THC is likely legal under the Hemp Growth Act, which allows products containing less than 0.3% THC by dry weight.


South Carolina


Hemp Delta-9 THC is legal under Farm Bill guidelines, with other isomers like Delta-8 classified as illegal.


South Dakota


Delta-9 THC from hemp is legal in South Dakota but must meet federal THC limits. Sales to minors are restricted.


Tennessee


Tennessee allows Delta-9 THC for adults 21 and older under SB 378, with packaging and testing requirements in place.


Texas


Hemp Delta-9 THC is legal under HB 1325, provided products meet the 0.3% THC limit outlined by the Farm Bill.


Utah


Hemp Delta-9 THC is legal under HB 227 but must be naturally derived, with strict limits imposed on THC per serving and container.


Vermont


Only naturally derived Delta-9 THC is legal in Vermont. Products created through chemical processes are banned.


Virginia


Virginia allows limited hemp Delta-9 THC products with restrictions, such as a THC limit of 2 mg per package or a CBD-to-THC ratio of 25:1.


Washington


Washington requires hemp Delta-9 THC products to be sold as marijuana through licensed dispensaries.


West Virginia


Naturally derived hemp Delta-9 THC is legal under SB 220, while synthetic cannabinoids are prohibited.


Wisconsin


Hemp Delta-9 THC is legal in Wisconsin under state law, which aligns with the Farm Bill.


Wyoming


Delta-9 THC derived from hemp is legal under Wyoming’s HB 171, with an 18+ age restriction for certain products.


Washington D.C.


Hemp Delta-9 THC exists within a gray market. Marijuana is legal for personal use, suggesting that hemp products are generally tolerated.


Disclaimer: This guide does not constitute legal advice. Legal landscapes are subject to rapid changes. Always verify local laws before purchasing or consuming hemp Delta-9 THC products.