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.