There were numerous unforeseen repercussions of the 2018 Farm Bill. Although low-THC hemp was effectively approved at the federal level, the definition of hemp’s broad term allowed for the sneaky entry of many other goods. Recently, delta-8 THC was the most noteworthy effect. Because the Farm Bill only set a maximum delta-9 concentration, you could sell delta-8 THC at any concentration as long as you kept the delta-9 under control. States have begun to close this loophole, but another has already appeared: since delta-9 is legal to sell as long as it contains less than 0.3% of dry weight, what’s to stop businesses from producing a product with a weight that would still permit a significant amount of THC despite this restriction?
Well, there is no solution unless states take action. Delta-8 has demonstrated, however, that states aren’t precisely averse to clarifying or amending the law when it’s necessary. Has hemp delta-9 experienced that? Which states still allow it?
The good news is that “most areas” is the correct response, but the bad news is that it’s not legal in every state and that number will undoubtedly decline over the course of the upcoming year.
Summary
Hemp delta-9 is legal in 42 states, Puerto Rico, and Washington, DC.
- With AB 45, California placed severe restrictions.
- The conversions that a lot of businesses rely on to raise hemp’s delta-9 level are forbidden in Colorado, North Dakota, and Washington.
- Idaho outlaws delta-9 hemp.
- Legal issues in Kentucky, Pennsylvania, and Vermont are either ambiguous or about to change.
Where is Hemp Delta-9 Legal?
We “borrowed” this state-by-state map so you can quickly see where in the US delta-9 THC derived from hemp is allowed. If you want to learn more about your state, keep checking back because this will be updated frequently.
A Map of Hemp Delta-9 Legality in the United States
Legality Of Hemp Delta 9 By State
Hemp Delta-9 Legal Status by State
The 2018 Farm Bill serves as the standard legislation, which most states just copy and paste into their own state laws, but other states have chosen to go in a different direction. In general, hemp delta-9 laws can be categorized as either maintaining it lawful, limiting it through regulation, or outright prohibiting it. Although they are nominally “restrictions,” certain laws essentially outlaw a significant number of products; we’ll discuss these in a different area. Additionally, several states are actively enacting laws.
States that permit the use of hemp delta-9
Products containing delta-9 THC generated from hemp are allowed in 42 states, plus Puerto Rico and Washington, D.C. These states largely follow the Farm Bill when it comes to delta-9 and do not currently have any significant legal challenges pending. This implies that it can only be 0.3% delta-9 by dry weight at most. However, several of them already have laws that handle delta-8 THC in particular, and these states in particular may soon pass laws that address hemp delta-9.
- Alabama
- Alaska
- Arizona
- Arkansas
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- Hampshire, New
- Jersey, New
- North Mexico
- A new York
- N. Carolina
- Ohio
- Oklahoma
- Oregon
- Virgin Islands
- Providence, RI
- Carolina, South
- Dakota, South
- Tennessee
- Texas
- Virginia, West Virginia, Utah
- Wisconsin
- Wyoming
- States of Washington, D.C.
Where It Is Prohibited to Use Hemp Delta-9
Several other states have included various THCs in the 0.3% Farm Bill limit, but at the moment these laws do not restrict hemp delta-9. California is the only state with general “restrictions” on hemp delta-9. California’s limits include testing procedures, a total THC limit, and limitations on items like packaging.
States That Prohibit Cannabinoid Conversions (Most Hemp Delta-9 Would Be Illegal)
While few states have laws specifically targeting hemp delta-9 (apart from restating the Farm Bill’s cap), many states are experiencing extra effects from the movement to gain control over delta-8. Some states have chosen to outlaw this procedure rather than delta-8 precisely because delta-8 goods are typically created by chemically turning CBD into delta-8. Our study of the market for hemp delta-9 products, however, revealed that nearly two-thirds of hemp delta-9 products use remarkably comparable conversions that are likewise prohibited by laws like these. These are the states:
- Colorado
- North Dakota
- Washington
States In which Hemp Delta-9 is Prohibited
The only state that specifically forbids hemp delta-9 is Idaho. This is so that it is apparent from the state’s Uniform Controlled Substances Act that hemp products cannot include any amount of THC or its isomers. This fully eliminates delta-8, delta-9, and any other forms of THC and kills a large portion of the CBD market.
States where Delta-9 is in controversy but is still legal
Some states have made clear indications that the legality of hemp delta-9 is in question, typically by initiating legislation meant to restrict it or legislation intended for delta-8 that would also have an impact on delta-9. It depends on particular interpretations of what constitutes a “synthetic” cannabis in Vermont.
- Kentucky
- Pennsylvania
- Vermont
State-by-State Guide on the Legality of Hemp Delta-9
Alabama
In Alabama, hemp delta-9 is permitted. Since the state embraced the Farm Bill’s definition of hemp, SB 225 makes hemp delta-9 legal in the state in the absence of any other legislation.
Alaska
The Farm Bill’s definition of industrial hemp was used in Alaska’s SB 6, which also made it clear that adding industrial hemp to food does not result in a “adulterated” food product. It’s important to remember that several THCs, including delta-8, delta-10, and THC-O, are regarded as illegal narcotics in the state.
Arizona
With SB 1098, Arizona authorized industrial hemp based on the provisions of the Farm Bill and restricted its sale to those who were 21 or older. However, delta-8 and other THCs are categorized as Schedule I restricted substances (with the express exception of delta-9 in the definition of hemp).
Arkansas Industrial hemp became allowed in Arkansas in 2017, but the state’s most recent legislation, HB 1640, defines hemp as cannabis plants with less than 0.3% THC by dry weight. Since delta-9 isn’t mentioned, this implies that most delta-8 items would be prohibited regardless, but they are also specifically prohibited.
California
California has legalized hemp delta-9, but AB 45 makes a lot of state law regarding hemp products more clear. The law makes it so that adding industrial hemp to foods, drinks, dietary supplements, and other products does not constitute “adulteration,” as well as requiring a COA for any product sold and prohibiting inhalable products until a tax structure can be put in place. It also applies the 0.3% THC by dry weight limit to all THC, effectively outlawing at least most delta-8 products on the market.
Colorado
With the adoption of SB 19-220 in 2019, Colorado joined other states in legalizing hemp, and this technically included any cannabinoid found in hemp as long as the delta-9 content was under the Farm Bill’s cap. The Marijuana Enforcement Division and the Department of Public Health and Environment clarified in May 2021 that “chemically changing or converting any naturally-occurring cannabinoids from industrial hemp is non-compliant with the legislative definition of “industrial hemp product”.”
In other words, any product made from hemp delta-8 and the bulk of those made from hemp delta-9 will be considered technically illegal as a result.
Connecticut
With the same essential terms and conditions as the Farm Bill, SB 893 made industrial hemp legal in Connecticut. However, SB 1201, which updated the definition of THC to cover all THCs, including delta-7, delta-8, and delta-10 in addition to the typical delta-9, was signed into law in 2021. As a result, while hemp delta-9 is still allowed, additional THC products are prohibited until the state’s recreational marijuana statute includes them.
Delaware
The Farm Bill-compliant definition of hemp in Delaware’s Title 3, Chapter 28 makes hemp delta-9 products legal in the state. However, because all THCs are included by the state’s Uniform Controlled Substances Act, delta-8 is illegal in the state.
Florida
In 2019, Florida voted HB 333 into law, legalizing hemp delta-9 and defining industrial hemp in accordance with the Farm Bill.
Georgia
2019 saw Georgia adopt HB 213, legalizing industrial hemp in accordance with the Farm Bill. Without more explanation, delta-9 from marijuana and other substances like delta-8 are completely lawful in the state.
Hawaii
In accordance with the Farm Bill, Hawaii legalized hemp and substances produced from it in 2020 with the passage of HB 2689.
The Idaho Uniform Controlled Substances Act effectively makes it illegal for items to contain any amount of THC or its isomers, making Idaho one of the states with the harshest hemp prohibitions in the nation. Due to this, it is exceedingly difficult to sell hemp products in the state, and hemp delta-9, delta-8, and even the majority of CBD products are now extinct. The 2015 opinion of the state’s attorney general, even if it is now out of date, perfectly captures the state’s mindset.
Illinois
The Industrial Hemp Act of Illinois, which legalized industrial hemp with the same delta-9 THC cap recommended by the Farm Bill, was signed into law in 2018. Hemp delta-9 is permitted in Illinois because it is stated but has no legal upper limit.
The Farm Bill’s definition of Indiana Hemp means that as long as the product’s delta-9 THC content is less than 0.3% by dry weight, it is lawful.
Iowa
Hemp delta-9 is lawful in Iowa since it is regarded as hemp under the Farm Bill’s definition. However, it’s important to note that the state’s Controlled Substances Act uses a broad definition of tetrahydrocannabinols, which makes delta-8 illegal.
Industrial hemp is defined in Kansas under SB 263, in accordance with the Farm Bill. As a result, delta-9 and other THCs found in hemp are currently lawful, along with delta-8.
Kentucky
Kentucky presently allows the use of hemp delta-9, and the state uses the same definition of hemp as the Farm Bill. There was an attempt to outlaw delta-8, alternative THCs, and any hemp-derived intoxicant products, as well as the kinds of conversions that delta-8 and hemp delta-9 businesses rely on. This was denied, however it may be resubmitted the following year. Additionally, it’s important to note that Kentucky already views delta-8 as legal.
According to the restrictions established by the Farm Bill, Louisiana HB 491 legalized industrial hemp. This means that, as long as it doesn’t exceed 0.3% by dry weight, delta-9 generated from hemp is completely legal in the state.
Delta-9 generated from hemp is allowed in Maine according to LD 630, which defines industrial hemp in accordance with the Farm Bill.
In accordance with the Farm Bill, Maryland HB 698 legalizes hemp and substances produced from it, including hemp delta-9, which is therefore acceptable there.
Hemp delta-9 is allowed since Massachusetts H4001 legalized industrial hemp in accordance with the Farm Bill.
With the same definitions as the Farm Bill, Michigan HB 4744 formally legalized industrial hemp in the state. It’s important to keep a watch on the laws in this area because another statute effectively rendered delta-8 illegal (by defining THC to encompass all THCs).
Minnesota
Hemp delta-9 is permitted in Minnesota under the Industrial Hemp Development Act, which uses the same definition of industrial hemp as the Farm Bill.
Based on the Farm Bill, Mississippi SB 2725 legalized hemp, making hemp delta-9 legal in the state. However, they left the THCs in hemp on the list of prohibited narcotics, making delta-8 and other THCs illegal.
Missouri
Hemp delta-9 is now legal in Missouri according to HB 2034, which authorized industrial hemp utilizing the Farm Bill’s standards.
Montana
With SB 261, which was passed in Montana in 2001 and came long before the Farm Bill but used the same criteria and restrictions, industrial hemp was made lawful there. Delta-8, delta-10, and other isomers are nonetheless prohibited as a result of changes made to the state’s Controlled Substances Act.
Industrial hemp was made legal in Nebraska by Nebraska LB 657, which was passed into law in 2019 and adheres to all of the same criteria and restrictions as the 2018 Farm Bill. As a result, Nebraska has legalized hemp delta-9.
Nevada
The 0.3% THC limit from the Farm Bill is mandated by Nevada’s definition of hemp, which was initially derived from SB 306. However, the Uniform Controlled Substances Act of the state also applies to THC’s isomers, specifically noting delta-7, delta-8, and delta-10. Hemp delta-9 is therefore scarce, but substitutes are prohibited.
Hampshire, New
In accordance with the Farm Bill, HB 459, which was enacted into law in New Hampshire in 2019, defines hemp. As a result, hemp delta-9 is lawful, same like delta-8 and delta-10.
Jersey, New
The Hemp Farming Act, which defines hemp in the same way as it is in the Farm Bill, made it lawful in New Jersey. So long as they adhere to the 0.3% delta-9 by dry weight restriction, hemp delta-9 is acceptable, as are all alternatives.
North Mexico
The Hemp Manufacturing Act in New Mexico authorized hemp in accordance with the Farm Bill, making hemp delta-9 legal in the state up to the established limit.
A new York
The Farm Bill definitions were used in New York’s industrial hemp legislation, which went into effect in March 2020 and by default permitted hemp delta-9. However, they made it known with regulations that made it plain that delta-8 is not permitted in the state in November 2021.
N. Carolina
With the passing of SB 352, which based its removal from the state’s Controlled Substances Act on the definition from the Farm Bill, hemp’s cannabinoids became legal in North Carolina.
Dakotas, North
While it is feasible to legally produce delta-9 from hemp in North Dakota, the original law has been modified to specifically include all THCs in the Farm Bill limit as well as to forbid the processes utilized to create most delta-8 and delta-9 products from CBD. Even with this, it is still possible to have legal hemp delta-9 in North Dakota, although it is considerably more challenging.
Ohio
Hemp delta-9 is lawful in Ohio thanks to SB 57, which used the Farm Bill’s criteria to legalize hemp there. In Ohio, other hemp THCs are also permitted.
Oklahoma
Industrial hemp was made lawful in Oklahoma through HB 2913, which adhered to the Farm Bill’s provisions. As a result, hemp varieties including delta-9, delta-8, and others are allowed in Oklahoma.
More complicated hemp regulations were introduced in Oregon by HB 3000, which was primarily designed to address issues with hemp products that were intoxicating. As long as they surpass a certain level, hemp-derived cannabinoids are now considered “adult use cannabis items.” This was supposed to be higher than 0.5 mg of THC under an emergency rule. In essence, hemp delta-9 is legal but subject to Oregon Liquor and Cannabis Commission regulation (OLCC).
According to the restrictions proposed by the Farm Bill, Pennsylvania SB 335 allowed industrial hemp in that state. Hemp delta-9 is currently permitted in the state. Legislators are planning to enact regulations to deal with delta-8, and if these include restrictions on conversions (as current information indicates is likely), this will likely also affect hemp delta-9.
Virgin Islands
Because the Farm Bill’s criteria and restrictions are used in Puerto Rico’s hemp program, hemp delta-9 is completely legal there.
Providence, RI
Since hemp in Rhode Island is defined in accordance with the Farm Bill, hemp delta-9 is permitted there. Other THCs, however, fall under the state’s definition of a controlled substance.
The Farm Bill’s language and the federally established limit for THC in hemp are both used under South Carolina law, making hemp delta-9 entirely legal in the state. Attorney General Alan Wilson, meanwhile, is against delta-8 and is aware of the problems with the Farm Bill’s phrasing.
Following the language of the Farm Bill, South Dakota HB 1191 was approved as law in 2019. Therefore, despite the state’s typically strict attitude on marijuana, hemp delta-9 is currently lawful, along with delta-8 and other forms.
Using the definitions from the Farm Bill, Tennessee SB 357 legalized hemp in Tennessee. Additionally, providing they fit these criteria, hemp delta-9, delta-8, and other cannabinoids are allowed in the state.
Texas
Hemp delta-9 is allowed in Texas as long as the goods adhere to the 0.3% delta-9 limit since HB 1325 in Texas defines hemp in the same way as the Farm Bill. However, there was a well-publicized attempt to outlaw delta-8 in Texas, so it’s important to keep a watch out for modifications.
Utah
Hemp was made legal in Utah via HB 58, which mainly used criteria from the Farm Bill. As a result, Utah has legalized the use of hemp delta-9. There were a few minor exceptions, though. First, the guideline for extracts stipulates that there must be no more than 5% by dry weight of CBD and no other psychotropic chemicals. Second, and related to that, the state’s Controlled Substances Act forbids the use of delta-8.
Vermont
Vermont’s state hemp law incorporates Farm Bill restrictions, making hemp delta-9 lawful there. However, because of the conversions required to achieve significant amounts, delta-8 is regarded as being “synthetic” and is therefore banned in the state. There is significant ambiguity in this because it is doubtful that this could apply to hemp delta-9 in this situation.
Using the Farm Bill (or other federal) restrictions for delta-9 THC, Virginia HB 532 lays out the regulations for industrial hemp in that state. As a result, cannabis delta-9 and other THCs like delta-8 are permitted in the state.
Washington
SB 5276, a statute in Washington, uses the Farm Bill’s definitions to legalize hemp. However, the state expressly specifies conversions to delta-9 alongside conversions to delta-8 and forbids conversions from CBD or cannabis. In Washington, the vast majority of hemp delta-9 products are therefore prohibited.
Based on the terms of the Farm Bill, West Virginia HB 2694 made industrial hemp legal there. As a result, cannabis delta-9, delta-8, and other varieties are completely legal.
Wisconsin
The definition of hemp in Wisconsin Statute 94.55 is in accordance with the Farm Bill. The THCs in hemp, including delta-9 and delta-8, were removed from the state’s Uniform Controlled Substances Act, making them entirely legal in the state.
Wyoming
Using the terms of the Farm Bill, Wyoming’s HB 171 legalized industrial hemp, making hemp delta-9, delta-8, and other cannabinoids in hemp products as long as they comply with the 0.3% delta-9 restriction.
DC, Washington
It is assumed that the Farm Bill applies and that hemp delta-9, delta-8, and other cannabinoids are lawful in Washington, D.C. because there is no state law, the city falls back on federal regulations.
What is Delta-9 Hemp?