Is THC legal?: The Legality of THC Products by State (2023)
THC, or Delta-9-tetrahydrocannabinol, is the psychoactive found in cannabis plants. As the compound that produces the intoxicating effect, marijuana-derived THC and its products are illegal at the federal level.
However, each state has varying laws about THC products. Some allow the medical and recreational use of marijuana-derived THC products.
State laws across the 50 states are ever-changing. To help you keep up, this article provides updated information on THC’s legal status for each state.
| ❗Disclaimer
The details below are accurate as of November 2023. While this page is regularly updated, some law specifics may have changed since the last update. |
Is THC Legal?
Marijuana-derived Delta 9 is federally illegal in all US states. However, the 2018 Farm Bill (now known as the Agriculture Improvement Act of 2018) made some adjustments to THC’s legal status.
Since 2018, all cannabis plants containing 0.3% Delta 9 THC by dry weight volume are considered legal. Hence, products with THC that don’t go beyond the 0.3% content mark can be possessed, manufactured, sold, and used across all 50 states.
What if your state law on THC contradicts the federal law? The US Constitution says that federal law displaces or preempts state law.
What this means is if a state law directly comes in conflict with a federal law, the latter shall prevail. However, since America is styled under federalism, state and federal laws can overlap and exist in parallel. So far, the federal government hasn’t made any significant move to preempt state laws on Delta 9.
What is THC?
Delta 9 THC is one of the compounds found in cannabis, responsible for producing mind-altering effects. The unique chemical structure of Delta 9 helps it bind to the endocannabinoid system’s CB1 receptors, which elicits the high.
With the passage of the Farm Bill, buying and selling industrial hemp with low levels of THC increased. This led to increased production of THC products in various forms: vapes, flowers, tinctures, edibles, topical creams, etc.
It’s important to note that THC products don’t just refer to Delta 9-rich products. Most of the cannabis products seen in the market today are a combination of several cannabinoids and THC analogs. Some of the popular ones are Delta 8, Delta 10, CBD, CBN, THC-P, and more.
Delta 9 is only available in minuscule amounts among these products since, federally, Delta 9 should only amount to 0.3%.
What Is the Legal Status of THC by State?
California became the first state to pass the Medical Marijuana Law (MML) that legalized the use of cannabis for medical purposes. This movement was followed by a majority of states making medical cannabis easily accessible in their area and some states allowing recreational use.
The section below details the current legal stance per state when it comes to THC-infused products.
Is THC Legal in Alabama?
Hemp-derived Delta 9 THC is legal in Alabama. All derivatives, cannabinoids, extracts, and isomers derived from hemp below 0.3% Delta 9 are legal.
After the 2018 Farm Bill passage, the Alabama Senate Judiciary Committee revised the Code of Alabama 1975. The revision separated hemp from marijuana.
Adults 21 years or older can shop hemp-derived Delta 9 along with other hemp products.
Is THC Legal in Alaska?
Yes. Following the legalization of industrial hemp at the national level, Alaska drafted Senate Bill 27, signed into law in 2021. It allowed the commercialization of Delta 9 within the state as long as it met the 2018 Farm Bill limitations.
Marijuana for adult and medical use is legal in Alaska regardless of Delta 9 concentration. However, this only applies to personal use. It’s still illegal to sell or consume marijuana in public.
Is THC Legal in Arizona?
Yes. Arizona legalized the production and sale of hemp-derived THC and CBD products through the Arizona Senate Bill 1098 in May 2018. As a hemp law with one of the most comprehensive regulatory frameworks, it details the regulation of growing hemp, hemp extraction, and licensing requirements.
Is THC Legal in Arkansas?
It is. Following the Agricultural Act of 2018, Governor Asa Hutchinson signed the Arkansas House Bill 1372 into law. Now known as the Arkansas Industrial Hemp Act, it legalizes the growth, production, and transportation of industrial hemp in the state.
The Act requires growers and manufacturers to apply for a license from the state Department of Agriculture for the purpose of “publicly marketable hemp products.”
Is THC Legal in California?
Recreational cannabis use was already legalized long before the Farm Bill was signed into law. In October 2021, Governor Gavin Newsom signed the California State Bill AB-45, effectively legalizing the public sale of hemp-derived products. The law restricts the THC content to be less than 0.3%.
Additionally, the law also concerns the use of Delta 8 and similar cannabinoids in hemp products.
| 🎉Fun Fact
In 2022, California garnered the highest cannabis sale in the world’s history at $5.3 billion. This number is twice as high as the state’s 2018 cannabis sale. |
Is THC Legal in Colorado?
Delta 9 THC is legal in Colorado. The 2018 Farm Bill and Amendment 64 permit the possession of marijuana and hemp-derived Delta 9 products but with limitations, such as:
- Each person can only possess up to 2 ounces of marijuana-derived Delta 9 products at a time.
- Only 21 years and older adults can buy Delta 9 products.
- Hemp-derived Delta 9 products must be processed without any chemical conversions.
- Delta 9 products must not contain more than 0.3% Delta 9.
- Colorado residents can’t take marijuana-derived Delta 9 products across state lines.
Is THC Legal in Connecticut?
It’s legal to purchase Delta 9 products in Connecticut if you’re 21 or older. This has been made possible by two pieces of legislature—Senate Bill 893 and Senate Bill 1201. SB 893 legalized the cultivation of hemp, while SB 1201 legalized recreational marijuana.
Is THC Legal in Delaware?
Hemp-derived products with less than 0.3% THC can be legally purchased. There is also no restriction regarding milligram strength or purchase limit. However, if the THC product has “any” traces of Delta 8 THC, it is deemed illegal.
Delaware passed Senate Bill 226 to regulate hemp cultivation in the state. As of now, the state has decriminalized the possession and personal use of cannabis for up to an ounce. Medicinal use is also allowed, and so is recreational use.
Is THC Legal in Florida?
Yes. Hemp-derived Delta-9 THC is legal in Florida. The state enacted Senate Bill 1020, allowing Florida residents to purchase and use Hemp-derived Delta-9 products under the limits of the 2018 Farm Bill.
Moreover, Floridians registered in the medical marijuana industry can buy marijuana-derived Delta-9 products containing up to 0.8% Delta-9.
Is THC Legal in Georgia?
Yes, hemp-derived Delta 9 products are legal within the jurisdiction of Georgia under House Bill 213. Residents who are 21 years old and over are qualified to use Delta-9 THC products with a THC content of up to 5%.
The recreational and medical use of marijuana-derived delta-9 THC products is prohibited. Also, shipment of delta-9 THC products from out of state is not allowed.
Is THC Legal in Hawaii?
Yes. House Bill 1819 makes hemp-derived THC products legal in Hawaii. Residents can now buy THC products from online and local shops or ship them from other states.
One of the provisions set by House Bill 1819 is that all hemp-derived THC products must not contain over 0.3% of Delta 9. Marijuana-derived products must only be used for medical purposes.
Is THC Legal in Idaho?
Full spectrum delta 9 THC products are illegal in Idaho. The Idaho Code §37-2705 states that any material, compound, or mixture containing “any” traces of either marijuana or tetrahydrocannabinol (i.e., THC) is considered a Schedule I substance.
For a cannabis extract to be legal, two conditions have to be met: First, the extract must contain zero quantity of THC. Second, the extract must be derived from one of the five identified cannabis plant parts.
Is THC Legal in Illinois?
Yes, provided that the THC product meets the state legal requirements. For example, to be able to purchase a THC product successfully, you need to be at least 21 years old. Also, they must contain less than 35mg of THC per serving.
It’s important to note that possession of more than 30 grams of cannabis flower or 500 mg of concentrate is illegal. THC-based edibles must also be labeled accurately regarding concentration and warnings about risks.
Is THC Legal in Indiana?
Yes. Indiana passed SB 516 in 2019, establishing a legal framework for hemp cultivation and production. As a result, hemp-derived Delta 9 THC was removed from the state’s controlled substances list.
Indiana does not permit the sale and purchase of smokable hemp such as flower. This means that even though THC products can be legally sold in Indiana, smoking them is banned.
Is THC Legal in Iowa?
In Iowa, the consumption and possession of Delta 9 THC for recreational use is still illegal. However, the state has a medical cannabis program in place. Qualified individuals can access medical cannabis products with less than 3% THC.
Is THC Legal in Kansas?
In Kansas, state laws reflect the 2018 Farm Bill, which legalizes the purchase and personal consumption of hemp-derived Delta 9 THC products under 0.3% THC. However, marijuana and its product derivatives are illegal in the state.
Is THC Legal in Kentucky?
Only hemp-derived with less than 0.3% Delta 9 products are legal in Kentucky. The state prohibits the use, sale, and possession of marijuana-derived THC but permits qualified patients to access them.
Is THC Legal in Louisiana?
Yes. However, the Louisiana Office of Alcohol and Tobacco Control (ATC) emphasized that “only hemp-derived CBD with a THC level less than 0.3% is legal to distribute and sell at retail in Louisiana.”
Louisiana has its own program for smokable medical marijuana, but recreational marijuana remains illegal.
Is THC Legal in Maine?
Delta 9 THC is legal in Maine as long as it stays within the 0.3% and below content limit. The state legalized hemp cultivation under LD 1159 and redefined hemp law through H.P. 459 to complement the 2018 Farm Bill.
Maine also allows medical and adult use of cannabis under the state’s Medical Use of Cannabis Program and Adult Use of Marijuana Program. Adults aged 21 or older with a medical marijuana card can qualify for the legal purchase of cannabis.
Consequently, Maine residents can purchase hemp-based Delta 9 products from online retailers outside Maine and deliver them to their local addresses.
Is THC Legal in Maryland?
Yes, hemp-based Delta 9 THC-infused products are legal in Maryland, provided that Delta 9 content doesn’t exceed the 0.3% limit. To purchase high-THC marijuana legally in the state, you need to be a qualified medical marijuana patient with a Maryland Medical Cannabis Commission ID card.
Additionally, starting July 1, 2023, residents can now legally possess and cultivate cannabis with up to 750 mg of Delta 9 for recreational use.
Is THC Legal in Massachusetts?
All hemp derivatives, including THC, are legal in Massachusetts provided that they don’t exceed the 0.3% THC limit per dry weight basis. The state also legalized medical and adult-use marijuana with no specific concentration limit.
To purchase THC products, you have to be at least 21 years old.
Is THC Legal in Michigan?
Hemp and cannabis-derived Delta 9 THC products are legal in Michigan. Residents can buy them from licensed marijuana dispensaries in the state. The state also allows the use of THC products for medical and recreational purposes.
Recreational users can also possess up to 2.5 ounces of marijuana or its equivalents. Meanwhile, qualified marijuana patients can possess up to 10 ounces of Delta 9 THC products.
Residents aren’t allowed to purchase THC products from unlicensed or out-of-state sources. It’s also illegal to transport Delta 9 products across state lines.
Is THC Legal in Minnesota?
Under Chapter 18K of the Minnesota Statutes, industrial hemp-sourced Delta 9 products may be sold in Minnesota if their concentrations do not exceed 0.3%. Residents can purchase hemp-based THC products from other states and bring them to their local address, but not marijuana-derived products.
The state has allowed registered medical marijuana patients to smoke dried raw cannabis plants or buy them in extract form since May 2014. Recreational use had just been recently approved.
Is THC Legal in Mississippi?
Yes, Delta 9 THC products can be legally consumed in Mississippi under SB 2725. However, these products should be hemp-derived with a maximum THC concentration of 0.3%. They can be purchased from out-of-state sources and brought to Mississippi
Medical marijuana patients registered under their medical cannabis program can access marijuana-derived products and be bought from available medical marijuana dispensaries in the state. However, residents can’t bring back marijuana-derived products into the state.
Is THC Legal in Missouri?
House Bill 2034 legalized hemp-derived THC products in the states. Consequently, Amendment 3 legalized marijuana-derived Delta 9 THC products for recreational use. Medical marijuana in the state is also available.
Individuals 21 years or older are the only ones eligible to purchase and use the said THC products.
Note that it’s illegal to ship marijuana-derived Delta 9 THC products into Missouri. However, hemp-derived THC products may be shipped across state lines entering Missouri.
Is THC Legal in Montana?
Yes, but the state’s hemp program emphasized that all hemp products must contain not more than 0.3% Delta 9 THC. It’s important to note that THC isomers—Delta 8 and Delta 10 are listed as Schedule 1 under Montana’s list of controlled substances.
Cannabis Control Division licensed medical cannabis patients can use marijuana-derived THC products. It’s available only for persons above 18 years old.
The Adult-Use Marijuana law requires all marijuana products not to exceed 35% Delta 9, and topical products like THC creams must only contain 6% Delta 9.
Is THC Legal in Nebraska?
Delta 9 products are legal in Nebraska, provided it’s derived from hemp and doesn’t go beyond the 0.3% content limit. Meanwhile, marijuana-based products are not allowed in a recreational or medical sense.
The Nebraska Hemp Farming Act delisted hemp with a THC level of 0.3% from the state’s Uniform Controlled Substances Act of 2010. Individuals and businesses licensed by the Nebraska Department of Agriculture can sell hemp-derived THC products in the state.
Is THC Legal in Nevada?
In 2016, Nevada passed the Regulation and Taxation of Marijuana Act, legalizing the purchase, possession, and consumption of adult-use cannabis for individuals at least 21 years old.
Is THC Legal in New Hampshire?
Yes, hemp derivatives like Delta 9 are legal in New Hampshire, provided the products don’t go beyond the 0.3% THC limit. This was supported by the state’s House Bill 459, which allowed the cultivation, possession, and use of hemp and its derivatives.
House Bill 537 allowed qualifying patients to access medical THC extracted from marijuana. However, recreational use of marijuana-derived THC is still prohibited.
Is THC Legal in New Jersey?
Yes. Delta 9 THC products are made legal through the passage of Assembly Bill 5322. The bill legalized hemp products for consumption and authorized the New Jersey Department of Agriculture to manage the program.
Without a prescription, residents can buy THC products online and in hemp shops as long as the products are Farm Bill-compliant.
In 2021, adult-use marijuana-derived THC was made legal for adults 21 years old and above. However, marijuana-derived THC products can’t be shipped to New Jersey across state lines.
Is THC Legal in New Mexico?
Yes, Delta 9 and other THC isomers are legal in New Mexico. Marijuana-derived Delta 9 can be used for medical and recreational purposes through SB 523 and the New Mexico Cannabis Regulation Act. Also, hemp-derived THC is legal as it complies with the 2018 Farm Bill.
Is THC Legal in New York?
The New York Office of Cannabis Management’s guidelines state that the possession and consumption of marijuana-derived Delta 9 THC products are legal only for residents aged 21 and above. The guideline also includes patients relying on medical marijuana.
Following the 2018 Farm Bill, New Yorkers can use THC products as long as they’re derived from hemp containing not more than 0.3% of Delta 9 THC.
Is THC Legal in North Carolina?
Hemp-derived THC products are legal in North Carolina. The state adapted the provisions set by the 2018 Farm Bill through SB 352, which includes only allowing 0.3% Delta 9 or less on a dry weight basis. SB 352 enacted this law.
Marijuana-derived Delta-9 THC is illegal in North Carolina. However, the North Carolina HB 766 law allowed the medical use of Delta 9 up to 0.9% to treat epilepsy.
Is THC Legal in North Dakota?
THC products and other marijuana-derived products are illegal for recreational use in North Dakota. However, qualifying patients can access three ounces of cannabis within a 30-day period through the state’s Medical Marijuana Program.
Is THC Legal in Ohio?
Qualified patients registered under the Ohio Medical Marijuana Control Program are allowed to purchase marijuana-derived Delta-9 THC. According to HB 523, patients may purchase up to 4.45 grams of edible Delta 9 per 45 days.
Enacting SB 57 in 2019, Ohio legalized the cultivation, sale, and possession of hemp plants and hemp-derived products containing no more than 0.3%.
Is THC Legal in Oklahoma?
Marijuana-derived Delta 9 is illegal in Oklahoma. However, SB 1033 allows residents to purchase hemp-derived THC products containing not more than 0.3% Delta 9.
Delta 9 derived from marijuana can only be availed by qualified medical marijuana patients up to 72 ounces of Delta 9 edibles and 1 ounce of Delta 9 concentrate.
Is THC Legal in Oregon?
Delta 9 THC is legal and available in Oregon, provided they’re extracted naturally from plants and not through chemical synthesis. Also, marijuana-derived Delta 9 is accessible to Oregon-registered medical marijuana patients aged 21 or older.
Oregon allows the consumption of more than 0.5 milligrams of hemp-derived Delta 9 and considers it under the “adult-use” category. Persons under 21 aren’t allowed to buy any of these products unless they are over 18 and under 21 with a medical marijuana card holder.
Is THC Legal in Pennsylvania?
HB 967 legalized hemp derivatives such as Delta 9 compliant with the provision set by the 2018 Farm Bill. However, marijuana-derived Delta 9 is illegal in Pennsylvania. Only qualified patients may use marijuana-derived Delta 9.
Those with medical cannabis identification cards can purchase a 90-day supply of marijuana-derived Delta 9 products. The physician’s recommendations state the allowed amount and other specifics.
Is THC Legal in Rhode Island?
The Rhode Island Cannabis Act allows the adult-use of marijuana for residents aged 21 and up. They can possess up to one ounce in public and 10 ounces at home. Cultivating weed is allowed temporarily as the availability of retail sales is still underway.
Is THC Legal in South Carolina?
Hemp-derived products under 0.3% Delta 9 THC are legal in South Carolina pursuant to the South Carolina Hemp Farming Act. Moreover, patients with severe seizures and epilepsy can avail of extracts containing not more than 0.9% THC.
Marijuana-derived Delta 9 is currently not allowed in South Carolina. Delta-8 and 10, regardless of what plant they’re extracted, is also illegal. Also, the infusion of hemp or marijuana-derived THC in food and beverage is prohibited.
Is THC Legal in South Dakota?
HB 1008 legalized the production, sale, and consumption of hemp and its derivatives containing not more than 0.3% Delta 9. Meanwhile, marijuana-derived Delta-9 THC under Initiated Measure 26 is made available for qualified patients. Each patient can possess up to 3 ounces of THC products.
Is THC Legal in Tennessee?
Tennessee remains one of the few states to prohibit the use of Delta 9 for recreational and medical use. Possession of half an ounce or less of cannabis is also punishable by almost a year of incarceration.
The state, however, legalized the cultivation of hemp containing less than 0.3% THC.
Is THC Legal in Texas?
Yes. SB 339 made marijuana-derived Delta 9 available for medical use for Texas residents in 2015.
According to the bill, products with less than 1% of Delta 9 may be used for medical reasons. Only patients registered under the Texas Compassionate Use Program can legally purchase marijuana-sourced products.
Residents can sell and ship hemp-derived THC products containing a maximum Delta 9 concentration of 0.3% into Texas. However, sellers of ingestible hemp products must register with the Texas Department of State Health and Services.
Is THC Legal in Utah?
Yes. THC is legal under Utah’s medical marijuana and hemp laws. Medical cannabis became legal after the 2018 passage of the Utah Medical Cannabis Act. Patients with qualifying medical conditions can buy up to a 30-day THC supply as recommended by their doctors.
Through the Hemp and Cannabinoid Act, hemp production and distribution is permitted, but only residents aged 21 or older can purchase hemp-derived THC products with no more than 0.3% Delta 9.
Is THC Legal in Vermont?
Hemp and marijuana-derived Delta 9 products are legal in Vermont after the passage of S.157 in 2013. Additional provisions under the 2018 Farm Bill are observed as well.
Patients registered in the Vermont Medical Cannabis Program can purchase marijuana-derived Delta 9 products. Furthermore, the state legalized the possession, use, and cultivation of marijuana-derived Delta 9 for recreational use.
Is THC Legal in Virginia?
HB 2312 legalizes recreational cannabis. However, marijuana-derived Delta 9 products can’t be legally purchased in Virginia yet (not until 2024). The good news is patients with intractable epilepsy can avail of marijuana-derived Delta 9 THC.
On the other hand, non-edible and non-beverage hemp-derived THC products can be purchased in physical stores. These products should not go beyond the 0.3% THC content mark.
Is THC Legal in Washington?
Marijuana-derived THC products are legalized for medical use in Washington for adults aged 21 or older under Initiatives 692 and 502. However, shipping marijuana-derived THC products into the state is illegal regardless of intended use.
In contrast, hemp-derived Delta 9 THC products are legal, provided that the compound hasn’t been chemically synthesized and that Delta 9 is not more than 0.3%. These products can also be legally shipped to Washington.
Is THC Legal in West Virginia?
Per Section 16A-3-2, marijuana-derived THC is legal for medical use only in West Virginia. The code permits persons aged 18 and over to purchase marijuana-based THC to alleviate their conditions.
Hemp-derived THC products are legal in the state following the amendments made in SB 447 recognizing hemp as a crop. Residents can possess, sell, and purchase hemp-derived products with no more than 1% Delta 9 concentration.
Is THC Legal in Wisconsin?
THC is legal in Wisconsin but can only be used medically. The recreational use of marijuana-derived THC products is still illegal. Also, possession of any amount of marijuana is a misdemeanor under state law, but some municipalities have ordinances decriminalizing small amounts of marijuana possession.
Is THC Legal in Wyoming?
Marijuana-derived THC products are considered a Schedule I substance in Wyoming and can’t be used either for recreational or medical purposes. However, hemp-derived Delta 9 THC products are available, provided the concentrations don’t exceed the 0.3% limit.
Currently, there are no limits to the amount of hemp-derived Delta 9 THC products residents can purchase.
Here’s a chart summarizing the legality status of Delta 9 THC per state.
| State | Hemp-derived THC products (0.3% Delta 9 Limit) | Marijuana-derived THC products (more than 0.3% concentration) | State law |
| Alabama | Legal | Medical use only | Code of Alabama 1975 |
| Alaska | Legal | Legal | Senate Bill 27 |
| Arizona | Legal | Legal | Senate Bill 1098 |
| Arkansas | Legal | Medical use only | Arkansas House Bill 1372 |
| California | Legal | Legal | California State Bill AB-45 |
| Colorado | Legal | Legal | Amendment 64 |
| Connecticut | Legal | Legal | Senate Bill 893 and Senate Bill 1201 |
| Delaware | Legal | Legal | Senate Bill 226 |
| Florida | Legal | Medical use only | Senate Bill 1020 |
| Georgia | Legal | Illegal | House Bill 213 |
| Hawaii | Legal | Medical use only | House Bill 1819 |
| Idaho | Illegal | Illegal | Idaho Code §37-2705 |
| Illinois | Legal | Legal | |
| Indiana | Legal | Illegal | SB 516 |
| Iowa | Legal | Medical use only | |
| Kansas | Legal | Illegal | |
| Kentucky | Legal | Medical use only | |
| Louisiana | Legal | Medical use only | Louisiana Office of Alcohol and Tobacco Control |
| Maine | Legal | Legal | LD 1159 and H.P. 459 |
| Maryland | Legal | Legal | |
| Massachusetts | Legal | Legal | |
| Michigan | Legal | Legal | |
| Minnesota | Legal | Legal | Chapter 18K |
| Mississippi | Legal | Legal | SB 2725 |
| Missouri | Legal | Legal | Amendment 3 |
| Montana | Legal | Legal | Adult-Use Marijuana law |
| Nebraska | Legal | Illegal | Nebraska Hemp Farming Act |
| Nevada | Legal | Legal | Regulation and Taxation of Marijuana Act |
| New Hampshire | Legal | Medical use only | House Bill 459 |
| New Jersey | Legal | Legal | Assembly Bill 5322 |
| New Mexico | Legal | Legal | SB 523 and the New Mexico Cannabis Regulation Act |
| New York | Legal | Legal | New York Office of Cannabis Management’s guidelines |
| North Carolina | Legal | Medical use only | SB 352 |
| North Dakota | Legal | Medical use only | Medical Marijuana Program |
| Ohio | Legal | Medical use only | SB 57 |
| Oklahoma | Legal | Medical use only | SB 1033 |
| Oregon | Legal | Legal | |
| Pennsylvania | Legal | Medical use only | HB 967 |
| Rhode Island | Legal | Legal | The Rhode Island Cannabis Act |
| South Carolina | Legal | Medical use only | South Carolina Hemp Farming Act |
| South Dakota | Legal | Medical use only | HB 1008 |
| Tennessee | Legal | Illegal | |
| Texas | Legal | Medical use only | SB 339 |
| Utah | Legal | Medical use only | Hemp and Cannabinoid Act |
| Vermont | Legal | Legal | S.157 |
| Virginia | Legal | Legal | HB 2312 |
| Washington | Legal | Legal | Initiatives 692 and 502 |
| West Virginia | Legal | Medical use only | Section 16A-3-2 |
| Wisconsin | Legal | Medical use only | |
| Wyoming | Legal | Illegal |
