Navigating the cannabis space has gotten confusing for almost everyone by now. The cannabinoids and terpenes are only one educational pillar. Then there is the issue of multiple markets operating around the one plant.
State-regulated dispensaries and operators adhere to strict compliance regulations. Then, there are smoke shops that stock intoxicating hemp and/or THCA products next to kratom, over-the-counter magic mushrooms, and other euphoric herbs. These are often ingestible but sometimes smokeable. They are also sometimes found in gas stations, bodegas, and corner stores by the 5-hour energy.
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With all of these options available, and little guidance as to what a person is actually buying, navigating the space is confounding to most. Here is a breakdown of what these products actually are, and where they are definitely not legal.
What are hemp THC products?
Intoxicating hemp THC products are made in a few ways, and many believe they are compliant thanks to the 2018 Farm Bill. This doctrine legalized hemp testing under 0.3 percent THC for cultivation, sale, and manufacturing. The level is set there because the products are not intended to be overtly psychoactive or intoxicating. Over time, chemists learned how to manipulate compliant hemp flower so it can get people high.
This can be done by using so much of the dry flower that it has a high-inducing amount of THC. Others opt to synthesize THC from CBD extract purchased in bulk, which may leave behind some chemical byproducts. And, if rumors are to be believed, there is word that certain companies sell cannabis-derived THC as hemp-derived. Wherever the intoxicating hemp is coming from, people are buying it as quickly or faster than state-regulated weed, especially where there is no legal form of cannabis.
States have taken different approaches to managing the overlap of regulated cannabis and Farm Bill-compliant hemp brands. Certain legislators, like those in Kentucky, have opted to regulate the hemp space for consumers. Others have chosen to ban or widely prohibit hemp products to ensure THC stays below intoxicating levels.
Those seeking a simple answer to “Where is hemp THC illegal?” will be disappointed, but here is the clearest picture available.
Guide to intoxicating hemp bans
Since this policy is in a constant state of flux all over the U.S., please look up any updates before following these words as law.
Jump to a state: Alaska |Arizona |California |Idaho |Kansas |Massachusetts |Michigan |Nebraska |Nevada |New Hampshire |North Carolina |Pennsylvania |
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Alaska
The State of Alaska issued an Advisory Notice reminding constituents that hemp products containing delta-9-THC can not be sold to a consumer. It also iterates that the Department of Agriculture does not endorse these foods and inhalables.
Arizona
Arizona is currently embroiled in the hemp conversation. Attorney General Kris Mayes is spearheading an effort to ban all consumable hemp products. However, a Petition for Special Action filed by the Hemp Industry Trade Association of Arizona (HITA) will be heard in the Arizona Court of Appeals before any decision can be made. For now, things are hazy.
California
Governor Gavin Newsom enacted emergency regulations in late 2024 to ban all hemp products that contain THC. This made the sale of any hemp food, drink, or other ingestible products unlawful if they have detectable amounts of THC. The governor has since touted that almost 100 percent of businesses are compliant.
Idaho
This state has doubled down on prohibition in recent years, passing a law to make any level of possession a $300 fine. Idaho also has ironclad anti-hemp laws. The same attitude applies to hemp.
No hemp with more than zero percent THC can be manufactured in the state. If the products can not be zero percent, they must be destroyed or subject to law enforcement. This goes for the products people possess, too. All forms of THC are illegal in Idaho.
Kansas
Kansas state regulators license hemp operators to grow Farm Bill-compliant flower for products. Smoking hemp flower is illegal in the state. Registered patients are permitted to eat or apply hemp products containing as much as five percent THC. Others can only consume and possess products with zero percent.
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Massachusetts
The Massachusetts Department of Agricultural Resources (MDAR) licenses hemp cultivation and processing there. The state defines hemp as not exceeding 0.3 percent THC and prohibits the sale of delta-8 THC. It also bans hemp-derived THC or CBD foods.
Michigan
All hemp growers must be registered with Michigan and adhere to growing and processing products that test below 0.3 percent THC. There are varying accounts of whether these items can be ordered online to a Michigan residence. Some sources say it is permitted, while others believe it is not.
Nebraska
Lawmakers are currently arguing Legislative Bill 316 in Nebraska, which seeks to define any hemp or cannabis testing over 0.3 percent THC as marijuana. This aligns with any products for sale or shipped into the state; they must test under that level to be legal.
Nevada
The Nevada Department of Agriculture redefined “allowable THC” in 2022. Any isomers or cannabinoids that create THC exceeding 0.3 percent THC are considered cannabis in Nevada. Those possessing these products are considered to be holding cannabis from an unlicensed source by law enforcement officials.
New Hampshire
This state passed Senate Bill 505 in 2024, which permanently banned hemp products containing more than 0.3 percent THC. The law covers natural or synthetic THC on a dry weight basis, in any formulation. It also prohibits other variants like Delta-8.
North Carolina
North Carolina lawmakers are discussing Senate Bill 265, which seeks to register those selling hemp products and regulate the industry. While that is being argued, the state currently views any hemp testing over 0.3 percent THC as “marijuana,” and thus, illegal in its lines.
Pennsylvania
Pennsylvania defines cannabis to include hemp-derived THC products, synthetics, extracts, and different deltas. This definition makes possession of any cannabis products purchased outside of the state-regulated medical cannabis program illegal. Compliant hemp flower must test at or below 0.3 percent THC, and individual product units have to be at half of a milligram (mg) of THC per serving and a total of two mg of THC per package.
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Where is hemp THC illegal? Lots of places
So, where is hemp THC illegal? Lots of places. These are the states with stringent policies making intoxicating hemp unlawful. Look deeper at the remaining locations to witness the varying degrees of prohibition and regulation. Those living in Colorado, Hawaii, Maryland, Missouri, Montana, New York, North Dakota, Virginia, and Washington should read deeply into the laws before diving into intoxicating hemp. These states do not outright ban them, but severely limit the THC content in hemp products.
Navigating cannabis is not a straight arrow these days. The average consumer often does not know the difference between a THC product sold at the smoke shop and one bought from a licensed adult-use retailer. Some lawmakers attempt to banish the nuance by prohibiting the sale of the products altogether. Others seem to be banking on regulating these rather than creating a legalization model.
The only constant in current hemp THC regulation is that no two states look identical. Moral of the story? Look up the state laws on hemp before crossing state lines with it.
