Hemp Law Details by State: Restrictions, 2025-26 Changes & Statutes
Hemp law details, state by state
This is the long-form companion to our interactive hemp and cannabis legal map. For each of the 50 states and Washington D.C. it lists the licensing and product restrictions actually in force, the 2024–2026 law changes and pending effective dates, shipping rules, marijuana status and the statutes or agency rules each classification rests on. Researched August 20, 2026.
Alabama
Hemp THC: Legal, with limits · Marijuana: Medical only
Key restrictions
- ABC Board license required; local governing-body approval before state application
- Smokable/inhalable hemp is a Class C felony as of July 1, 2025
- Chemically synthesized or converted cannabinoids (delta-8, delta-10, HHC, THC-O) excluded
- No online, mail-order, vending machine or delivery sales; 10% retail excise tax
- Mandatory COA testing, child-resistant single-serve packaging, 21+ ID check
Recent & pending changes
- May 2025: Gov. Ivey signed HB 445 creating the ABC-run consumable hemp framework.
- July 1, 2025: Smokable hemp ban took effect after a Montgomery judge denied hemp companies' request to block it (Mellow Fellow Fun v. Ivey); a separate industry suit filed June 2025 has not produced an injunction.
- Jan. 1, 2026: Licensing, potency caps, testing, packaging and the 10% excise tax took effect.
- Nov. 12, 2026 (pending): Federal 0.4 mg total-THC-per-container cap would preempt Alabama's more permissive 10 mg/40 mg edible limits.
Marijuana status
Alabama's medical cannabis program finally launched, with the first legal sale on June 3, 2026; registered patients may hold up to 70 daily doses. No smokable flower or vapes are allowed (tablets, tinctures, gels, patches, suppositories only), and home cultivation is prohibited.
HB 445 expressly bans online, mail-order, vending-machine and direct-delivery sales of consumable hemp products to Alabama consumers; in-person purchase at a licensed retailer only.
References: HB 445 (2025) - Alabama consumable hemp products act; Alabama ABC Board consumable hemp rules (eff. Jan. 1, 2026); Darren Wesley 'Ato' Hall Compassion Act (SB 46, 2021)
Alaska
Hemp THC: Legal, with limits · Marijuana: Adult-use legal
Key restrictions
- Intoxicating hemp is dispensary-only (AMCO-licensed marijuana stores)
- 3 AAC 306 amendments (eff. Nov. 3, 2023) reclassified smokable THCA as a marijuana product
- Non-intoxicating CBD still allowed in general retail
- Seizure, fines and possible criminal referral for unlicensed retailers
- Registered hemp growers regulated by DNR Division of Agriculture
Recent & pending changes
- May 23, 2025: Federal court granted summary judgment for the state in the Alaska Industrial Hemp Association case, upholding the dispensary-only rule against Farm Bill preemption, dormant commerce clause and vagueness challenges.
- Nov. 2025: Reporting confirmed intoxicating hemp still widely sold in gas stations and head shops despite the ruling - a real enforcement gap between law and practice.
- Aug. 10, 2026: SB 208 became law without the governor's signature (Ch. 60, 2026 Session Laws) - it overhauls cultivation, testing tiers, micro-grower status and transport, but does NOT loosen the intoxicating-hemp retail restriction.
- Nov. 12, 2026 (pending): Federal 0.4 mg total-THC cap takes effect.
Marijuana status
Adult-use cannabis has been legal since Ballot Measure 2 (2014) with licensed retail sales since October 2016; adults 21+ may possess up to 1 ounce. Home grow is allowed - up to 6 plants, no more than 3 flowering.
Out-of-state shipments of intoxicating hemp into Alaska are subject to AMCO enforcement and seizure; only non-intoxicating CBD can be mailed in.
References: AS 03.05.076 (industrial hemp); 3 AAC 306 (AMCO marijuana regulations, amended Nov. 3, 2023); SB 208 (2026), Ch. 60 Session Laws of Alaska
Arizona
Hemp THC: Banned / prohibited · Marijuana: Adult-use legal
Key restrictions
- AG Opinion I24-005 makes hemp-synthesized intoxicants Schedule I outside ADHS-licensed dispensaries
- Intoxicating cannabinoids are dispensary-only; general retail limited to non-intoxicating CBD
- Active enforcement, inspections and product confiscation in Maricopa and Pinal counties
- No statutory hemp retail licensing scheme - regulation rests on the AG opinion, not a statute
- No state-set minimum age for non-intoxicating hemp/CBD; retailers self-impose 21+
Recent & pending changes
- Mar. 11, 2024: AG Opinion I24-005/R24-001 issued - still the controlling enforcement position in Aug. 2026.
- Mar. 27, 2025: SB 1556 (hemp beverages sold through the liquor three-tier system, 10 mg/container) died after being withdrawn in House Commerce; SB 1702 (hemp licensing/testing framework) also failed.
- 2026 session: No hemp bill passed - Arizona ended the session with no statutory hemp framework, leaving the AG opinion in place.
- Note - sources conflict: no statute squarely bans naturally derived low-dose hemp delta-9, and such products remain widely stocked, but the AG and county prosecutors treat them as illegal.
Marijuana status
Adult use has been legal since Proposition 207 (Nov. 2020) with licensed dispensary sales since January 2021 and home delivery since November 2024; adults 21+ may possess 1 ounce of flower or 5 grams of concentrate. Home grow is allowed - 6 plants per adult, 12 per household.
Intoxicating hemp cannot legally be shipped to Arizona consumers - the AG treats the sale as occurring where the buyer is; non-intoxicating CBD may be shipped.
References: Ariz. AG Opinion I24-005/R24-001 (Mar. 11, 2024); A.R.S. 3-311 et seq. (industrial hemp); A.R.S. 36-2512; Prop. 207 (2020)
Arkansas
Hemp THC: Banned / prohibited · Marijuana: Medical only
Key restrictions
- Act 629 (2023) schedules intoxicating hemp cannabinoids as Schedule VI
- Act 934 (2025) closes isomer loopholes using a total-THC standard
- DFA has seized 6,000+ products across ~2,800 retail inspections since July 2025
- Only non-intoxicating CBD with a supporting COA can be sold
- Intoxicating cannabis is available only to registered medical patients at licensed dispensaries
Recent & pending changes
- June 24, 2025: Eighth Circuit reversed the preliminary injunction in Bio Gen LLC v. Sanders, letting Act 629 take effect - the injunction that had blocked the ban for nearly two years is gone.
- July 2025 onward: DFA enforcement sweeps, seizures and retail inspections statewide.
- Apr. 2026: AG Griffin certified Act 934 of 2025, expanding the intoxicating-hemp ban and clearing the way for its enforcement.
- Nov. 12, 2026 (pending): Federal 0.4 mg total-THC cap aligns federal law with Arkansas's existing prohibition.
Marijuana status
Only registered medical patients may buy cannabis, up to 2.5 ounces per 14-day period from licensed dispensaries; retail sales have been running since 2019. No home cultivation, no dispensary delivery (a delivery bill was vetoed in April 2025), and out-of-state medical cards are not accepted.
Out-of-state online sellers still ship in, but the products are contraband on arrival and subject to seizure by the Department of Finance and Administration.
References: Act 629 of 2023 (SB 358); Act 934 of 2025; Ark. Const. Amend. 98 (Arkansas Medical Marijuana Amendment)
California
Hemp THC: Banned / prohibited · Marijuana: Adult-use legal
Key restrictions
- Zero detectable THC allowed in general-retail hemp ingestibles; 5 servings per package cap
- All inhalable hemp products (flower, prerolls, vapes) prohibited under AB 8
- Synthetic and chemically converted cannabinoids prohibited
- Intoxicating hemp must move into DCC-licensed cannabis retail; 21+ only
- Tobacco retailers barred from possessing THC products as of Jan. 1, 2026
Recent & pending changes
- Sept. 2024: CDPH emergency regulations imposed the no-detectable-THC / 5-servings / 21+ rules; made permanent in 2025.
- Oct. 2, 2025: Gov. Newsom signed AB 8, permanently routing intoxicating hemp into the licensed cannabis market and banning inhalable and synthetic hemp products.
- Oct. 6, 2025 / July 1, 2026: SB 378 imposed online-marketplace verification and liability duties for illicit cannabis listings. Note: the DTC sales and advertising prohibition itself comes from AB 8 and the CDPH regulations, not SB 378.
- Jan. 1, 2028 (pending): Remaining AB 8 provisions fully fold hemp products into the licensed cannabis supply chain.
Marijuana status
Adult use has been legal since Proposition 64 (2016) with licensed retail since January 2018; adults 21+ may possess 28.5 grams of flower and 8 grams of concentrate. Home grow of up to 6 plants is allowed statewide, though local governments may restrict outdoor cultivation.
California's direct-to-consumer prohibition comes from AB 8 (2025) and the CDPH hemp regulations, which route anything intoxicating into the licensed cannabis system. Separately, SB 378 (2025) makes online marketplaces liable for illicit cannabis listings, with seller-verification duties from July 1, 2026 and penalties up to $250,000 per violation.
References: AB 8 (2025); SB 378 (2025); AB 45 (2021) / CDPH industrial hemp regulations (17 CCR 17610 et seq.)
Colorado
Hemp THC: Legal, with limits · Marijuana: Adult-use legal
Key restrictions
- Three-tier cannabinoid scheme: nonintoxicating, potentially intoxicating, intoxicating (SB 23-271)
- Chemically modified/converted cannabinoids (delta-8, delta-10, HHC) excluded from hemp
- Intoxicating cannabinoid products are MED dispensary-only
- Finished-product COAs, child-resistant packaging and serving-size disclosure required
- AG enforcement with civil penalties up to $10,000 per day per product per violation
Recent & pending changes
- June 7, 2023: SB 23-271 took effect, establishing the intoxicating/potentially intoxicating/nonintoxicating framework and CDPHE rules at 6 CCR 1010-24.
- 2024-2025: AG settlements from roughly $41,000 to $495,000 against noncompliant hemp operators; product embargoes for failing the 15:1 CBD:THC ratio.
- Apr. 28, 2026: Both 2026 hemp bills died - SB26-164 (10 mg per serving THC beverages in licensed retail) and SB26-161 (per-milligram tax, CDPHE testing transfer) were postponed indefinitely in Senate Finance.
- Sources conflict on the exact per-serving cap (1.25 mg vs 1.75 mg vs a 2.5 mg safe-harbor tier); the rule text sets 1.25 mg as the age-restriction trigger and a greater-than-15:1 ratio as the hard floor.
Marijuana status
Adult use has been legal since Amendment 64 (2012) with licensed retail since January 2014; adults 21+ may possess up to 2 ounces. Home grow of up to 6 plants per adult (3 flowering), 12 per household, is allowed.
Compliant low-dose, high-ratio hemp products can be mailed, but shipments of high-potency hemp THC, delta-8 or THCA flower into Colorado are unlawful retail sales and may be intercepted.
References: SB 23-271 (Intoxicating Cannabinoid Hemp & Marijuana); SB 22-205; 6 CCR 1010-24 (CDPHE regulated hemp rules)
Connecticut
Hemp THC: Legal, with limits · Marijuana: Adult-use legal
Key restrictions
- Certificate of registration required to sell moderate-THC hemp products (since Jan. 1, 2025)
- High-THC hemp products restricted to DCP-licensed dispensaries, hybrid retailers and cannabis retailers
- Hemp flower/trim capped at 0.3% total THC dry weight - high-THCA flower falls into the cannabis channel
- Infused beverages regulated through liquor permittees with tiered mg caps and on-premises endorsements
- Synthetic cannabinoids restricted; 21+ ID required for moderate- and high-THC products
Recent & pending changes
- June 2023 / 2024: PA 23-79 and PA 24-76 built the tiered hemp system; moderate-THC vendor registration became mandatory Jan. 1, 2025.
- May 20, 2026: Gov. Lamont signed HB 5350 as Public Act 26-8, rewriting hemp definitions, replacing the flat 3 mg per-container beverage cap with 5 mg (package stores) / 10 mg (cannabis retail) tiers, limiting inputs to hemp oil or intermediate hemp derivative, and opening the palliative program to out-of-state patients.
- Nov. 1, 2026 (pending): Social-equity provisions of the 2026 act take effect.
- Nov. 12, 2026 (pending): Federal 0.4 mg total-THC-per-container cap would undercut every Connecticut hemp tier above 0.4 mg.
Marijuana status
Adult use has been legal since 2021 with licensed retail sales open since January 2023; adults 21+ may possess 1.5 ounces on their person and up to 5 ounces in a locked container at home or in a car. Home grow of up to 6 plants (12 per household) is allowed for all adults 21+.
Out-of-state shipments of high-THC hemp products are subject to seizure under PA 23-79; only registered CT vendors may sell moderate-THC products, so mail-order hemp THC is not a lawful channel.
References: PA 23-79 (HB 6699); PA 24-76 (HB 5150), Conn. Gen. Stat. 21a-426; PA 26-8 (HB 5350, 2026)
Delaware
Hemp THC: Legal, with limits · Marijuana: Adult-use legal
Key restrictions
- 16 Del. C. 4714 schedules THC isomers - delta-8 and THCA reached directly
- Division of Alcohol and Tobacco Enforcement has issued 70+ cease-and-desist letters to 60+ businesses
- From Oct. 21, 2026: THC beverages sold only in package stores, marijuana retailers and authorized microbreweries
- Intoxicating cannabis otherwise limited to OMC-licensed dispensaries for adults 21+
- Beverage excise tax ($0.50 per single-serve, $8.50 per 750 mL) begins Feb. 1, 2027
Recent & pending changes
- Aug. 1, 2025: Delaware adult-use retail marijuana sales began.
- July 23, 2026: Gov. Meyer signed HB 373 regulating and taxing hemp THC beverages; most provisions effective Oct. 21, 2026, tax provisions Feb. 1, 2027.
- June 16, 2026: HB 395 - which would fold all intoxicating hemp into the marijuana system with a 0.4 mg per-container threshold - passed the House and is pending in Senate Health & Social Services; a competing HB 401 would license hemp retailers at 10 mg with a 6% excise tax.
- Note - status is genuinely unsettled: hemp THC gummies and drinks are still openly sold in smoke shops and bodegas even though regulators call them marijuana.
Marijuana status
Adult use is legal and licensed retail sales launched August 1, 2025; adults 21+ may buy and possess up to 1 ounce of flower, 12 grams of concentrate, or 750 mg THC in infused products. Home cultivation is not permitted.
Out-of-state shipments of intoxicating hemp are not authorized under the Marijuana Control Act; HB 373 confines legal beverage sales to in-person purchase at package stores and marijuana retailers.
References: 16 Del. C. 4714 (Schedule I - tetrahydrocannabinols); HB 373 (2026) - THC-infused beverages; HB 395 (2026, pending in Senate committee)
District of Columbia
Hemp THC: Banned / prohibited · Marijuana: Medical only
Key restrictions
- All cannabinoid products classified as cannabis - dispensary-only sales
- ABCA enforcement grace period ended March 2025; 100+ unlicensed shops closed
- No adult-use retail: the congressional Harris Rider still blocks D.C. from licensing commercial sales
- Medical access is broad - any adult 21+ can self-certify online without a doctor
- Licensed retailers may offer curbside pickup and delivery to registered patients (June 2025 rulemaking)
Recent & pending changes
- March 2025: ABCA ended its enforcement grace period; sustained closures of unlicensed 'gifting' and hemp shops followed through 2025-2026.
- June 2025: ABCA rulemaking added retailer delivery endorsements and curbside pickup for medical patients.
- Late 2025 - 2026: Hemp retailers reported abrupt shutdowns under D.C.'s cannabis definition; litigation challenging the framework has so far been unsuccessful.
- 2026: The Harris Rider remains in force, so no licensed adult-use retail market exists.
Marijuana status
Possession and home grow are legal under Initiative 71 - adults 21+ may hold up to 2 ounces, gift up to 1 ounce, and grow 6 plants (3 mature, 12 per household) - but there is no legal adult-use retail because Congress's Harris Rider blocks it. The only legal way to buy is a licensed medical dispensary, which any adult 21+ can access by self-certifying online.
There is no lawful channel for shipping hemp THC to D.C. consumers; licensed medical retailers may deliver to registered patients under a June 2025 ABCA delivery-endorsement rule.
References: D.C. Code 7-1671.01 et seq.; Initiative 71 (2014); D.C. Law 24-332 (Medical Cannabis Amendment Act of 2022)
Florida
Hemp THC: Broadly legal · Marijuana: Medical only
Key restrictions
- 21+ only; selling to a minor is a misdemeanor
- FDACS hemp food establishment permit required to sell
- ASTM child-resistant packaging; no candy/cartoon or child-appealing designs
- Batch COA from an ISO/IEC 17025 lab with scannable QR code
- THCA flower and prerolls prohibited under the total-THC formula
Recent & pending changes
- June 7, 2024: DeSantis vetoed SB 1698, which would have banned delta-8 and capped THC.
- May-June 2025: SB 438 (delta-8 ban, 5 mg/container beverage cap) passed the Senate 37-0 but died on the House second reading calendar June 16, 2025 - it was never vetoed, it simply died.
- March 13, 2026: HB 1409 and companion SB 1368 (retailer siting, child-appealing products, minors) died in subcommittee; Florida still has no mg caps.
- Nov 12, 2026 (pending): federal 0.4 mg total THC per container cap takes effect and Florida has not amended state law to match.
Marijuana status
Medical marijuana only, via the OMMU registry, with smokable flower allowed and a 2.5 oz / 35-day limit on flower for qualified patients. Recreational is not legal: the Smart and Safe adult-use amendment failed to qualify for the 2026 ballot on Feb 2, 2026, and there is no home grow.
References: Fla. Stat. sec. 581.217; Fla. Stat. sec. 381.986; Fla. Admin. Code r. 5K-4.034
Georgia
Hemp THC: Legal, with limits · Marijuana: Medical only
Key restrictions
- Consumable hemp retail license from the Georgia Dept. of Agriculture required
- Retail sale of hemp flower and leaf banned outright (O.C.G.A. sec. 2-23-4)
- 21+ with ID verification at every sale
- Retailers must sit at least 500 feet from schools
- Third-party COA, labeling and total-THC testing required per batch
Recent & pending changes
- Oct 1, 2024: SB 494 took effect - total-THC formula, 10 mg/300 mg caps, 21+ age floor, GDA licensing and the retail flower ban.
- May 11, 2026: SB 33, originally the hemp bill carrying a 0.4 mg per container cap, was gutted and enacted as the Homeownership Opportunity and Market Equalization Act (Act 461) - the hemp provisions did NOT become law. Some bill trackers still show the stale hemp caption.
- April 2026: SB 254 (move consumable hemp into the alcohol three-tier system and end direct-to-consumer sales) died when the 2025-26 biennium adjourned.
- Nov 12, 2026 (pending): federal 0.4 mg per container cap is far stricter than Georgia's 10 mg serving rule and would wipe out most compliant SKUs.
Marijuana status
Medical cannabis only, and no smokable flower or conventional edibles - patients use oils, capsules, topicals, and now vaporization if 21+. SB 220, signed May 12, 2026, dropped the old 5% THC cap in favor of a 12,000 mg total THC possession ceiling, renamed the program from 'low THC oil' to medical cannabis, and added lupus, severe arthritis and severe insomnia; no home grow.
References: O.C.G.A. sec. 2-23-1 et seq. (Georgia Hemp Farming Act, as amended by SB 494); O.C.G.A. sec. 2-23-4; SB 220 (2026)
Hawaii
Hemp THC: Legal, with limits · Marijuana: Medical only
Key restrictions
- No hemp flower, leaf, prerolls, vapes or concentrates at any THC level
- Synthetic and chemically converted cannabinoids prohibited
- DOH Certificate of Registration ($50, valid 5 years) required for retailers, distributors and online sellers
- Very low mg caps make products effectively non-intoxicating
- Tinctures restricted to 21+ with ID verification
Recent & pending changes
- Jan 2026: DOH published interim HAR chapter 11-37 rules and opened the retailer/distributor/online-seller Certificate of Registration process.
- July 1, 2026: registration enforcement began after the grace period; unregistered online sellers shipping into Hawaii are now out of compliance.
- 2026 session: marijuana legalization bills including SB 3275 (low-dose adult use) died after House leaders declined to schedule a final hearing.
- Nov 12, 2026 (pending): the federal 0.4 mg per container cap would be stricter than Hawaii's 5 mg edible container cap.
Marijuana status
Medical marijuana only, with 329-card patients allowed up to 4 ounces and up to 10 plants of home cultivation; licensed dispensaries sell flower, vapes, concentrates and edibles to patients. Recreational use is illegal, though possession of 3 grams or less was decriminalized in 2019 to a $130 fine, and 2026 legalization efforts failed.
References: HRS ch. 328G (Hemp Processors); HAR ch. 11-37 (interim, Jan 2026); HRS ch. 329 / 329D (medical cannabis)
Idaho
Hemp THC: Banned / prohibited · Marijuana: Illegal
Key restrictions
- Zero-THC standard for any hemp product sold at retail
- Tetrahydrocannabinols remain Schedule I under Idaho Code sec. 37-2705
- Interstate hemp shipments require manifest documentation; noncompliant packages seized
- As of July 1, 2026 retailers of ingestible or inhalable hemp products fall under ISDA licensing
- No medical or adult-use marijuana program of any kind
Recent & pending changes
- 2025: H0478 (retail hemp licensing plus a ban on ingestible cannabinoid food and drink) did not pass; H0456 adjusted negligent-violation penalties and correction timelines.
- April 2, 2026: H0879 signed as Session Law ch. 292, effective July 1, 2026 - brings retailers of hemp products intended for human ingestion or inhalation under the industrial hemp chapter with ISDA licensing and fee rulemaking.
- Sources conflict on H0879: one tracker reads it as permitting regulated retail sale of ingestible/inhalable hemp products, another as merely extending state authority over such sellers. ISDA's 0.0% THC retail standard is still reported as controlling, so treat any 'Idaho opened up' claim skeptically.
- July 14, 2026: the Idaho Medical Cannabis Act initiative failed to qualify for the November 2026 ballot after the campaign fell short on the 70,725 signature requirement.
Marijuana status
Marijuana is fully illegal in Idaho with no medical program, no decriminalization and no CBD carve-out beyond zero-THC products. The 2026 medical cannabis ballot initiative failed to qualify in July 2026, so nothing changes before 2028.
References: Idaho Code sec. 37-2701(u) and sec. 37-2705(d)(29); Idaho Code Title 22, ch. 17 (Industrial Hemp Research and Development Act); H0879 (2026), Session Law ch. 292
Illinois
Hemp THC: Legal, with limits · Marijuana: Adult-use legal
Key restrictions
- 21+ with ID; sales to minors banned statewide as of June 12, 2026
- Child-resistant packaging and a ban on marketing or packaging that appeals to children
- From Nov 12, 2026 intoxicating hemp is dispensary-only under the Cannabis Regulation and Tax Act
- Illinois has not amended its Industrial Hemp Act to define an in-state potency standard
- 45 unused infuser licenses to be issued January 2027, 100 more in 2028
Recent & pending changes
- June 12, 2026: Gov. Pritzker signed SB 3222 - immediate statewide ban on intoxicating hemp sales to under-21, child-resistant packaging and marketing restrictions.
- Nov 12, 2026 (pending, not yet in effect): intoxicating hemp above 0.4 mg total THC per container moves into the licensed dispensary system; roughly 95% of current hemp SKUs are expected to be non-compliant.
- June 2026: SB 3222 also doubled adult-use possession limits to 60 g flower, 10 g concentrate and 1,000 mg infused THC, allowed dispensary drive-thrus and extended hours.
- Aug 2026 status: THCA flower is still sold under the delta-9-only dry weight test, but that test is superseded by the total-THC standard on Nov 12, 2026.
Marijuana status
Adult-use is legal and retail dispensaries have been selling since January 2020; as of June 2026 residents 21+ may possess 60 g of flower, 10 g of concentrate and 1,000 mg of THC in infused products. Home grow remains limited to registered medical patients (5 plants); recreational home cultivation is still not allowed.
References: SB 3222 (2026); 410 ILCS 705 (Cannabis Regulation and Tax Act); 505 ILCS 89 (Industrial Hemp Act)
Indiana
Hemp THC: Legal, with limits · Marijuana: Illegal
Key restrictions
- Smokable hemp ban reaches THCA flower, prerolls and inhalables; selling is a Class A misdemeanor
- AG Opinion 2023-1 treats delta-8 and converted isomers as controlled substances (persuasive, not binding)
- No state hemp retail license and no statutory age minimum - retailers self-impose 21+
- No product registration, testing mandate or child-resistant packaging requirement in statute
- No state framework to backstop the Nov 12, 2026 federal cap
Recent & pending changes
- Jan 12, 2023 (still controlling): AG Opinion 2023-1 classifies delta-8 and chemically converted isomers as controlled substances; no court has adopted the reading and products remain widely sold.
- 2025: SB 478 (product registration, manufacturer permits, child-resistant packaging, a 21+ age floor) failed to pass.
- Feb 27, 2026: SB 250 (total-THC standard, 0.4 mg per container cap, synthetic cannabinoid ban, direct-to-consumer ban) cleared the Senate 35-13 but died in the House at the deadline - Indiana still has no comprehensive hemp statute.
- Nov 12, 2026 (pending): the federal 0.4 mg per container cap will apply with no state law to conform to it.
Marijuana status
Marijuana is illegal for both medical and recreational use in Indiana - there is no medical program despite repeated bills. Only low-THC hemp CBD at or below 0.3% THC is permitted (2018 law); first-offense possession of any amount is a Class B misdemeanor carrying up to 180 days in jail.
References: IC 15-15-13; IC 35-48-1-26.6 (smokable hemp); Ind. AG Op. 2023-1
Iowa
Hemp THC: Legal, with limits · Marijuana: Medical only
Key restrictions
- 4 mg per serving / 10 mg per container hard caps on ingestibles
- Inhalable hemp banned; inhaling a consumable hemp product is a serious misdemeanor under Iowa Code sec. 204.14A
- Manufacturers and distributors must register with Iowa HHS at least 30 days before operating; retailers register with Inspections and Appeals
- Product-list registration required before sale
- Out-of-state shipments of noncompliant hemp THC are subject to seizure and buyer criminal exposure
Recent & pending changes
- July 1, 2024: HF 2605 took effect - 4 mg per serving, 10 mg per container, 21+ age floor and the HHS registration regime.
- 2025: Iowa HHS tightened enforcement guidance and product-list registration; interstate shipments of noncompliant hemp THC flagged for seizure.
- Feb 27, 2026: HSB 753 (classify raw hemp as an agricultural commodity, preempt local rules, separate natural hemp from chemically altered products) advanced out of House committee but does not appear in the governor's 2026 signing lists - treat it as not enacted.
- Nov 12, 2026 (pending): the federal 0.4 mg per container cap would supersede Iowa's 10 mg container limit.
Marijuana status
Iowa has only a narrow Medical Cannabidiol Program - registered patients may possess no more than 4.5 grams of THC per 90 days, buying from five dispensaries statewide. Flower and THC edibles are not permitted (oral, topical, vape, nebulized and suppository forms only), home grow is illegal, and recreational possession is a jailable misdemeanor.
References: Iowa Code ch. 204 (Iowa Hemp Act), incl. sec. 204.14A; HF 2605 (2024); Iowa Code ch. 124E (Medical Cannabidiol Act)
Kansas
Hemp THC: Legal, with limits · Marijuana: CBD / low-THC only
Key restrictions
- Hemp cigarettes, cigars, chew, dip, teas and vape products banned by statute regardless of potency
- Delta-8 and chemically converted cannabinoids classified Schedule I by AG Op. 2021-4
- No statutory age minimum, no potency cap and no packaging or testing mandate in state law
- Enforcement is by local district attorneys, not a central agency, so risk varies sharply by county
- Percentage-based 0.3% cap means heavy products can carry real doses while light ones cannot
Recent & pending changes
- Dec 2, 2021 (still controlling): Kansas AG Opinion 2021-4 classifies chemically converted hemp cannabinoids such as delta-8 as Schedule I; Douglas County and Pittsburg prosecutors have issued enforcement notices.
- 2025-2026: SB 292 (21+ age floor, packaging and labeling rules, revised hemp definitions) died in the Senate Federal and State Affairs Committee - Kansas still has no age floor or potency cap in statute.
- 2025-2026: medical (SB 294), decriminalization (SB 295) and adult-use (HB 2405) bills all died without a hearing.
- Nov 12, 2026 (pending): the federal 0.4 mg per container cap will apply with no state framework to conform to it.
Marijuana status
Kansas has no medical or adult-use marijuana program at all - it is one of the last handful of states with neither. Claire and Lola's Law (SB 28, 2019) provides only an affirmative defense for possessing CBD containing up to 5% THC; such products cannot be legally sold or produced in Kansas, and first-offense possession of any amount is a Class B misdemeanor with up to six months in jail.
References: K.S.A. 2-3901 et seq. (Commercial Industrial Hemp Act); K.S.A. 21-5701 et seq.; Kan. AG Op. No. 2021-4
Kentucky
Hemp THC: Legal, with limits · Marijuana: Medical only
Key restrictions
- Every product must be listed on the CHFS Approved Hemp-Derived Cannabinoid Product Registry
- Third-party ISO 17025 COA required for each batch; civil fines $100-$1,000 per violation
- Raw THCA and hemp flower banned at retail under 302 KAR 50:070
- Beverages: package sales only, wet territories only, quota retail package license plus a cannabis-infused beverage license
- Alcohol-style three-tier structure for beverages - one tier per business
Recent & pending changes
- Aug 1, 2023: HB 544 implementing regulations (902 KAR 45:190) took effect - registry, COAs and a 21+ age floor for delta-8 and other intoxicating hemp cannabinoids.
- 2025: cannabis-infused beverages were folded into the alcohol three-tier system under KRS 243.401 with dual ABC licensing.
- July 1, 2026: Kentucky ABC's own beverage regulations replaced the Dept. for Public Health interim guidance and ABC assumed full enforcement.
- April 2026: SB 223 (expand beverage retail) and HB 9 / HB 612 (1.6% hemp product tax, plus a proposed $0.16 per mg potency tax) both failed; no hemp bill passed the 2026 session.
Marijuana status
Medical cannabis became legal January 1, 2025 under KRS ch. 218B, and the first dispensary sales actually happened in mid-December 2025 at The Post Dispensary in Beaver Dam; the network is still small with roughly 24,000 cardholders. Smoking raw flower is prohibited - patients use edibles, pills, beverages, topicals and vapes/concentrates - and home cultivation is not allowed.
References: KRS 260.850 et seq.; 302 KAR 50:070; 902 KAR 45:190 (HB 544, 2023); KRS ch. 218B; KRS 243.401
Louisiana
Hemp THC: Legal, with limits · Marijuana: Medical only
Key restrictions
- Sales limited to ATC-permitted retailers; gas stations and convenience stores barred (narrow truck-stop exception)
- Every product must be registered with and approved by the Louisiana Department of Health prior to sale
- No inhalable hemp: flower, pre-rolls, vapes, dabs and concentrates prohibited at retail
- Child-resistant packaging, scannable QR-code COAs, no medical/therapeutic claims, no child-appealing designs
- Bars and restaurants generally barred from hemp sales except roughly 220 grandfathered permit holders
Recent & pending changes
- Jan 1, 2025: Act 752 of 2024 (HB 952) took effect - cut per-serving THC from 8 mg to 5 mg, capped packages at 40 mg, and banned all inhalable consumable hemp products.
- Aug 1, 2025: Act 345 of 2025 (HB 36, Schlegel) took effect, adding civil-liability provisions covering consumable hemp products.
- 2025-2026: Hemp Association of Louisiana / Cypress Hemp federal challenge to Act 752 remains pending in the Middle District of Louisiana; no injunction has issued, so the inhalables ban and mg caps are fully enforceable.
- Nov 12, 2026 (pending): federal Section 781's 0.4 mg total THC per container cap would render most currently compliant Louisiana edibles federally noncompliant.
Marijuana status
Only medical marijuana is legal; registered patients buy from a small set of state-licensed therapeutic marijuana pharmacies, and raw flower is available. There is no adult-use market and no home grow, though possession of up to 14 grams is decriminalized to a fine of no more than $100.
Louisiana has no licensing pathway for out-of-state direct-to-consumer shipping. Edibles mailed in must still satisfy the 5 mg/40 mg caps and LDH product registration, and inhalables including THCA flower are unlawful to sell into the state.
References: La. Act 752 of 2024 (HB 952); La. R.S. 3:1481-1484; La. Act 345 of 2025 (HB 36)
Maine
Hemp THC: Broadly legal · Marijuana: Adult-use legal
Key restrictions
- Age 21+ required for any 'potentially intoxicating hemp product' under PL 2025 c. 416
- Child-resistant and tamper-evident packaging required for non-beverage, non-topical products
- No milligram caps and no hemp retail license - DACF licenses growers, not processors or retailers
- Labeling may not mimic trademarked food or candy brands or confuse a reasonable consumer
- Smokable/THCA hemp flower is not expressly addressed by the 2025 law, which focuses on ingestible products - it is sold openly but sits in a statutory gap
Recent & pending changes
- June 25, 2025: PL 2025 c. 416 (LD 1920) took effect immediately, creating the potentially intoxicating cannabinoid and hemp product categories, an age-21 sales floor, and packaging/labeling rules.
- 2025-2026: Maine still has not adopted milligram caps or a hemp retail licensing regime; earlier proposals such as SP 783 to tighten controls did not become law.
- Nov 12, 2026 (pending): federal Section 781's total-THC standard and 0.4 mg per container cap would eliminate most of Maine's hemp THC market unless Congress delays it.
Marijuana status
Adult-use is legal and retail stores have been open since October 9, 2020; adults 21+ may possess 2.5 oz of flower or 5 g of concentrate. Home grow is allowed at 3 mature plants, 12 immature plants and unlimited seedlings, and a separate medical program serves patients 18+.
No Maine statute bars mail order of hemp products and no retail license is required, so out-of-state retailers routinely ship hemp THC into Maine subject only to the age-21 rule. This is expected to change if the federal Nov 12, 2026 hemp redefinition takes effect.
References: Me. PL 2025 ch. 416 (LD 1920); 7 M.R.S. 2231; 28-B M.R.S. (Cannabis Legalization Act)
Maryland
Hemp THC: Banned / prohibited · Marijuana: Adult-use legal
Key restrictions
- Intoxicating hemp is legally 'cannabis' - sale requires a Maryland Cannabis Administration license; unlicensed sale is a criminal offense
- General retailers limited to 0.5 mg THC per serving and 2.5 mg per package (ATCC Advisory 24-002, July 19, 2023)
- Delta-8 and delta-10 declared never lawful because they are not naturally occurring biologically active constituents
- Cannabinoid beverages (5 mg per single-serve container) restricted to cannabis licensees, not liquor stores or grocers
- Maryland applies a total-THC view, treating high-THCA flower as cannabis because THCA converts to delta-9 when heated
Recent & pending changes
- Sept 9, 2025: Appellate Court of Maryland decided Governor Wes Moore v. Maryland Hemp Coalition (No. 1590, Sept. Term 2023), reversing the October 2023 preliminary injunction and holding delta-8/delta-10 illegal.
- Sept 12, 2025: ATCC notified hemp retailers that the appellate order would terminate their limited protection and that enforcement would resume.
- July 1, 2025: SB 215 (Ch. 120) created the 'cannabinoid beverage' category at 5 mg THC per single-serving container, sold only through cannabis licensees; SB 214/HB 12 (Ch. 58/57) added new offenses for unlicensed cannabis sales.
- June 13, 2025: COMAR 15.01.17 hemp testing and recordkeeping rules took effect for MDA-licensed growers.
Marijuana status
Adult-use is legal after 2022's Question 4, and licensed dispensaries began adult sales July 1, 2023. Adults 21+ may possess up to 1.5 oz of flower and grow up to two plants at home.
The ATCC treats mail-order intoxicating hemp delivered into Maryland as an unlicensed cannabis sale regardless of where it shipped from, and has said it will enforce against it. Most compliant national vendors block Maryland addresses.
References: Md. Code Ann., Alc. Bev. & Cannabis Art., Title 36 (Cannabis Reform Act); Moore v. Md. Hemp Coalition, No. 1590 (Md. App. Ct. Sept. 9, 2025); Md. SB 215 (2025), Ch. 120
Massachusetts
Hemp THC: Banned / prohibited · Marijuana: Adult-use legal
Key restrictions
- Hemp-derived CBD/THC food and beverages unlawful to manufacture or sell statewide (DPH/MDAR joint notice, May 29, 2024)
- Delta-8 prohibited by MDAR since December 12, 2022 as a synthetically manufactured cannabinoid
- ABCC bars hemp CBD/THC food and drinks on any alcohol-licensed premises; violations risk license suspension or revocation
- Only CCC-licensed marijuana establishments may sell intoxicating cannabis products to consumers
- Enforcement largely delegated to local boards of health, so availability varies sharply by municipality
Recent & pending changes
- May 29-30, 2024: DPH/MDAR joint notice and the accompanying ABCC advisory declared hemp CBD/THC foods and beverages unlawful statewide.
- June 2025: the House passed H.4187, which would have banned hemp edibles outright while allowing hemp beverages in licensed liquor stores under CCC oversight.
- April 19, 2026: Gov. Healey signed H.5350; the final cannabis reform law dropped the hemp-beverage framework and only ordered a study of future hemp-derived cannabinoid regulation, so no legal hemp THC retail channel was created.
- 2026: a prohibition ballot initiative that would end adult-use retail sales has certified signatures and may appear on the November 2026 ballot.
Marijuana status
Adult-use is legal with retail stores open since November 20, 2018, and the possession limit doubled from 1 oz to 2 oz when H.5350 was signed April 19, 2026. Home grow is allowed at 6 plants per adult and 12 per household.
The state bans in-state manufacture and sale of hemp THC foods and beverages but has not run a mail-order interdiction program. Out-of-state vendors still ship THCA flower, vapes and gummies into Massachusetts; buyers are relying on non-enforcement, not on a legal safe harbor.
References: M.G.L. c. 94G (adult-use cannabis); M.G.L. c. 128 secs. 116-123 (hemp); Mass. H.5350 (signed Apr. 19, 2026)
Michigan
Hemp THC: Banned / prohibited · Marijuana: Adult-use legal
Key restrictions
- All intoxicating cannabis-derived cannabinoids fall under MRTMA/MMFLA and require a CRA license (effective Oct 11, 2021)
- Products must be tested in state-licensed labs for total THC and tracked in METRC seed-to-sale
- Retail only through licensed marijuana retailers/provisioning centers - no smoke shop, vape shop or gas station sales
- Child-resistant packaging and full cannabinoid disclosure required; delta-9-only COAs do not shield a product
- CRA enforcement division actively investigates unlicensed hemp THC sellers, with seizures and criminal referrals
Recent & pending changes
- Oct 11, 2021: HB 4517 / Public Act 50 of 2021 brought delta-8, THC-O and all cannabis-derived THC under CRA regulation - still the controlling rule in 2026.
- 2025-2026: CRA continued enforcement sweeps against unlicensed hemp THC retailers and online sellers; no hemp-specific retail framework has been created.
- 2026: the legislature enacted HB 4951 adding a 24% wholesale tax on licensed marijuana; a Michigan Cannabis Industry Association lawsuit challenging it is pending.
- Nov 12, 2026 (pending): federal Section 781 hemp redefinition takes effect, but Michigan's rules are already stricter and are unaffected.
Marijuana status
Adult-use is legal with retail sales since December 2019; adults 21+ may possess 2.5 oz in public and store up to 10 oz at home in a locked container. Home grow of up to 12 plants per household is allowed and licensed delivery operates statewide.
Only CRA-licensed Michigan businesses may sell or deliver THC products to Michigan consumers. Unlicensed out-of-state shipments of hemp THC are unlawful, and the CRA has pursued online sellers as well as brick-and-mortar hemp retailers.
References: Mich. Public Act 50 of 2021 (HB 4517); MCL 333.27951 et seq. (MRTMA); MCL 333.27101 et seq. (MMFLA)
Minnesota
Hemp THC: Legal, with limits · Marijuana: Adult-use legal
Key restrictions
- OCM license required for LPHE retailers, manufacturers and wholesalers, plus local registration
- Only edibles, beverages and tinctures qualify - no hemp flower, vapes or concentrates in the hemp channel
- Products must be behind a checkout counter or in a locked case; no vending machines and no free samples
- Mandatory batch testing, cannabinoid-profile labeling, the OCM symbol and a poison-control warning symbol
- Age 21+ verified at point of sale and again at delivery; no sales to visibly intoxicated customers
Recent & pending changes
- April 1, 2026: OCM reopened LPHE retailer, manufacturer and wholesaler license applications and ended the transition period; more than 1,500 hemp-THC businesses are now licensed.
- Aug 1, 2026: SF 4401, the cannabis omnibus, took effect - repealing the old Minn. Stat. 151.72 Board of Pharmacy regime, consolidating everything under Ch. 342, adding new labeling and warning-symbol requirements, and allowing multi-serving THC beverage bottles of 750 mL or more in child-resistant resealable packaging.
- 2025-2026: OCM continues to apply a total-THC standard to raw hemp, which keeps high-THCA flower out of the hemp market and inside the licensed cannabis system.
- Nov 12, 2026 (pending): federal Section 781's 0.4 mg per container cap would invalidate essentially the entire 5 mg LPHE market if it takes effect as written; OCM has publicly flagged the conflict.
Marijuana status
Adult-use is legal and licensed retail is now operating alongside long-running tribal dispensaries for adults 21+. Possession limits are 2 oz of flower in public and 2 lb at home, 8 g of concentrate and 800 mg of edibles, with home grow of up to 8 plants (4 flowering) per household.
Only OCM-licensed Minnesota businesses may sell or deliver lower-potency hemp edibles to Minnesota consumers, and age must be verified at delivery. Unlicensed out-of-state direct shipping is not authorized, and hemp flower, vapes and concentrates cannot move through the hemp channel at all.
References: Minn. Stat. ch. 342 (esp. 342.01 subd. 50 and 342.46); Minn. SF 4401 (2026); Minn. Stat. 151.72 (repealed 2026)
Mississippi
Hemp THC: Banned / prohibited · Marijuana: Medical only
Key restrictions
- AG Opinion 2025-00219 (June 11, 2025): non-FDA-approved consumable hemp products are Schedule I unless sold via licensed medical cannabis dispensaries
- Miss. Code Ann. 41-29-113 schedules THC including its synthetic equivalents and isomers
- No state licensing, registration or age-verification pathway exists for intoxicating hemp retail - there is no legal market to regulate
- Enforcement is by local sheriffs and district attorneys and varies widely by county
- Smokable hemp flower has never been authorized for retail sale under the state's hemp cultivation program
Recent & pending changes
- June 11, 2025: AG Lynn Fitch issued Opinion No. 2025-00219 declaring non-FDA-approved consumable hemp products unlawful outside the medical cannabis program.
- Aug 2025: Gulf Coast sheriffs began coordinated crackdowns on delta-9 and delta-8 products sold in smoke shops and convenience stores.
- 2025-2026: HB 1502 (2025) and SB 2645 (2026), which would have regulated or banned intoxicating hemp beverages, both died - leaving an AG opinion, not a statute, as the operative rule.
- 2026: Gov. Reeves vetoed HB 895 and HB 1152, two medical-cannabis expansion bills; HB 1152 would have defined THC to expressly include THCA.
Marijuana status
Medical cannabis only, under the 2022 Mississippi Medical Cannabis Act, with dispensary sales running since January 2023 and more than 67,000 registered patients. There is no adult-use market and no home grow; a first possession offense of up to 30 g is a $250 civil fine, though paraphernalia possession remains criminal.
Because non-FDA-approved consumable hemp is a controlled substance under the AG's reading, mail-order delta-8 or THCA into Mississippi carries real criminal exposure. Many national vendors block Mississippi addresses.
References: Miss. AG Op. No. 2025-00219 (June 11, 2025); Miss. Code Ann. 41-29-113; Miss. Code Ann. 41-137-1 et seq. (Mississippi Medical Cannabis Act)
Missouri
Hemp THC: Broadly legal · Marijuana: Adult-use legal
Key restrictions
- No state potency caps, licensing or product registration for hemp THC today - the market is effectively unregulated until Nov 12, 2026
- The Attorney General has issued 18+ cease-and-desist letters targeting high-potency THCA flower marketed as a marijuana equivalent, using a total-THC reading
- Age 21+ is retailer practice rather than a current statutory requirement; HB 2641 makes 21+ mandatory from Nov 12, 2026
- Missouri's marijuana license count is capped by Art. XIV and DHSS has reached maximum issuance, so most hemp businesses have no license to apply for after the ban
- Executive Order 24-10 remains on the books, but DHSS stopped embargoing hemp products as 'adulterated' in September 2024
Recent & pending changes
- Aug-Sept 2024: Gov. Parson's EO 24-10 directed a hemp ban and DHSS began embargoes Sept 1, but on Sept 17, 2024 DHSS stated it had 'no intention at this time' to embargo further products after the Missouri Hemp Trade Association sued in Cole County Circuit Court.
- 2024-2025: the Attorney General's office issued 18+ cease-and-desist letters to THCA retailers and wholesalers under the Missouri Merchandising Practices Act.
- April 23, 2026: Gov. Kehoe signed HB 2641, the Intoxicating Cannabinoid Control Act, banning intoxicating hemp outside licensed dispensaries - PASSED BUT NOT YET EFFECTIVE, effective Nov 12, 2026.
- July 16, 2026: MoHemp Trade Association, Lifted Liquids and MNG 2005 sued in the W.D. Mo. (No. 2:26-cv-04170-WJE) on vagueness, dormant Commerce Clause and Farm Bill preemption grounds; as of mid-August 2026 no injunction had been granted.
Marijuana status
Adult-use is legal under Article XIV (Amendment 3, 2022) with licensed dispensary sales running since February 2023 for adults 21+. Possession is capped at 3 oz, and adults may home grow up to 6 flowering plants with a personal cultivation card.
Out-of-state retailers currently ship hemp THC into Missouri with no state-law barrier. After Nov 12, 2026, HB 2641 would make any shipment over 0.4 mg total THC per container an unlicensed marijuana sale.
References: Mo. HB 2641 (2026), Intoxicating Cannabinoid Control Act (eff. Nov. 12, 2026); Mo. Const. art. XIV; Mo. Exec. Order 24-10 (Aug. 1, 2024)
Montana
Hemp THC: Banned / prohibited · Marijuana: Adult-use legal
Key restrictions
- 0.5 mg THC per serving and 2 mg per package caps eliminate essentially every intoxicating hemp product
- SB 375 bans consumer sale of hemp products containing delta-9 THC unless FDA-approved, a standard no hemp THC product currently meets
- HB 49 also bars synthetic and converted cannabinoids from the licensed cannabis market
- Growers and processors need Montana Department of Agriculture hemp licenses; there is no retail pathway for intoxicating hemp
- Licensed dispensary edibles drop to 5 mg per serving (100 mg per package) as of July 1, 2026 under HB 636
Recent & pending changes
- Spring 2025: HB 49 was signed (early April 2025) and took effect in early May 2025, imposing the 0.5 mg per serving and 2 mg per package hemp THC caps.
- May 5, 2025: SB 375 took effect, barring consumer sale of any hemp product containing delta-9 THC without FDA authorization.
- July 1, 2026: HB 636 cut licensed adult-use edible servings from 10 mg to 5 mg THC, leaving the 100 mg per package limit unchanged.
- 2025: SB 27 extended the cannabis license moratorium through June 30, 2027; SB 443, which would have capped THC potency at 15%, was rejected by the Senate.
Marijuana status
Adult-use is legal under 2020's I-190 with dispensary sales since January 1, 2022 for adults 21+, though retail exists only in counties that opted in. Possession is capped at 1 oz, and home grow is limited to 2 mature plants and 2 seedlings per adult (4 and 4 per household).
Hemp THC products above the 0.5 mg per serving / 2 mg per package caps cannot lawfully be sold to Montana consumers, including by mail. Hemp shipments into the state are expected to carry a bill of lading and proof of licensure.
References: Mont. HB 49 (2025); Mont. SB 375 (2025); Mont. Code Ann. Title 16, ch. 12 (Marijuana Regulation and Taxation Act)
Nebraska
Hemp THC: Legal, with limits · Marijuana: Medical only
Key restrictions
- No state licensing, testing, potency cap or packaging standard for hemp THC products
- No statewide minimum purchase age; most retailers self-impose 21+
- AG has filed 15+ consumer-protection suits and 200+ cease-and-desist letters since 2023; several settlements required pulling products
- Gov. Exec. Order 26-02 directs Agriculture, Revenue and Banking to draft rules aligning with the federal Nov. 12, 2026 change
- Converted/synthesized cannabinoids carry real criminal-exposure risk despite no court ruling on the question
Recent & pending changes
- Jan. 27, 2026 - Gov. Pillen signed Executive Order 26-02 directing state agencies to review and draft synthetic-THC rules ahead of the federal ban
- Apr. 17, 2026 - LB 316, the bill to ban most consumable hemp THC and impose a 10% CBD excise tax, was indefinitely postponed after stalling on Final Reading in May 2025; no hemp ban is on the books
- Apr. 13, 2026 - Medical Cannabis Commission approved permanent regulations and sent them to the AG and Governor; four cultivation licenses issued, no dispensary licensing round scheduled
- Ongoing 2026 - No appellate court has resolved whether hemp delta-8 is lawful in Nebraska; AG and industry positions directly conflict
Marijuana status
Voters approved medical cannabis in Nov. 2024 (Initiatives 437/438) and patients with a practitioner recommendation may possess up to 5 ounces, but no dispensaries have been licensed or opened as of August 2026 and no home cultivation is allowed. The program runs on emergency/permanent regulations that bar flower, vape products and conventional edibles, and few physicians have issued recommendations.
References: Nebraska Hemp Farming Act, LB 657 (2019), Neb. Rev. Stat. sections 2-501 to 2-518; LB 316 (109th Leg.) - indefinitely postponed Apr. 17, 2026; Initiative Measures 437 & 438 (2024); Executive Order 26-02 (Jan. 27, 2026)
Nevada
Hemp THC: Banned / prohibited · Marijuana: Adult-use legal
Key restrictions
- Dispensary-only: intoxicating cannabinoid products must be sold by a CCB-licensed cannabis retailer
- General retail (smoke shops, convenience stores, liquor stores) may stock only non-intoxicating CBD/CBG
- Mail or courier delivery of intoxicating hemp into Nevada is subject to seizure and enforcement
- Delta-8, delta-10, THC-O and HHC are treated as unapproved synthetic cannabinoids
- Clark County adopted its own hemp retail ordinance (Ch. 7.220) in March 2026 pre-adopting the 0.4 mg federal cap
Recent & pending changes
- Apr. 12, 2025 - SB 356, which would have written a dispensary-only intoxicating-hemp framework into statute, FAILED deadline and died; several trackers wrongly report it as enacted, so the operative law remains SB 49 (2021)
- Mar. 2026 - Clark County Code Ch. 7.220 hemp retail ordinance adopted, pre-adopting the federal 0.4 mg total THC per container cap
- Nov. 12, 2026 - Federal Section 781 total-THC definition takes effect; Nevada's rules are already stricter
- 2025-2026 - CCB enforcement (seizures, fines, referrals) continues against unlicensed intoxicating hemp sellers
Marijuana status
Adult-use is legal and retail has been open since July 2017; adults 21+ may possess 1 ounce of flower or 1/8 ounce of concentrate and buy at licensed dispensaries, with licensed consumption lounges now operating. Home cultivation is allowed only if you live 25+ miles from a licensed dispensary, capped at 6 plants per adult and 12 per household.
References: SB 49 (2021), NRS 557.160 and NRS 678B; NRS chs. 678A-678D; NAC ch. 678D (Cannabis Compliance Board); NRS 453D (Regulation and Taxation of Marijuana Act)
New Hampshire
Hemp THC: Banned / prohibited · Marijuana: Medical only
Key restrictions
- Intoxicating hemp cannabinoids prohibited at retail statewide; only non-intoxicating CBD is sellable
- Statutory 21+ minimum for purchasing, possessing or consuming any hemp product with detectable THC takes effect Jan. 1, 2027 (SB 624)
- SB 624 penalties: violation-level fines ($100-$300) for first through third offenses, class B misdemeanor for fourth and subsequent; corporations face up to $20,000
- Liquor licensees are expressly barred from selling any THC-containing hemp product to under-21s
- No state hemp-retail licensing regime; enforcement is criminal rather than administrative
Recent & pending changes
- Aug. 2023 - HB 611 signed, banning hemp products over 0.3% THC including delta-8 and all THC isomers; this is still the operative retail ban
- May 21, 2026 - Senate concurred with the House-amended SB 624, sending it to the Governor
- July 2, 2026 - SB 624 signed into law as Chapter 275; most provisions, including the 0.4 mg per container cap, THCA inclusion and 21+ rule, take effect Jan. 1, 2027 (PASSED BUT NOT YET EFFECTIVE)
- 2026 - Companion bill SB 461 would codify a total-THC hemp definition including THCA; it advanced in the House but had not been enacted as of mid-August 2026
Marijuana status
New Hampshire is medical-only and decriminalized - it is NOT an adult-use state, despite frequent misreporting. Registered therapeutic cannabis patients may obtain up to 2 ounces per 10-day period from state-licensed Alternative Treatment Centers with no home cultivation allowed, while recreational possession of up to 3/4 ounce is a $100 civil violation and legalization bills (including HB 1633) have repeatedly failed.
References: HB 611 (2023), RSA 439-A:4; SB 624 (2026), Chapter 275 - effective Jan. 1, 2027; RSA 126-X (Use of Cannabis for Therapeutic Purposes)
New Jersey
Hemp THC: Legal, with limits · Marijuana: Adult-use legal
Key restrictions
- Online/e-commerce sales of intoxicating hemp-derived products are prohibited, as is vending-machine distribution
- Synthetic cannabinoids prohibited outright
- Intoxicating hemp beverages may be sold only by ABC plenary wholesale/retail distribution licensees and Class 5 Cannabis Retailers, and only until Nov. 13, 2026
- After Nov. 13, 2026 any product over 0.4 mg total THC per container requires a Class 2 Cannabis Manufacturer license and Class 5 Retailer sale
- Escalating civil penalties from $100 for a first violation up to $10,000 for repeat offenses; lab testing and 21+ ID checks required
Recent & pending changes
- Jan. 12, 2026 - Gov. Murphy signed P.L. 2025, c.215, redefining THC to include delta-8/delta-9/delta-10 and reclassifying over-limit hemp products as cannabis
- Mar. 30, 2026 - P.L. 2026, c.7 amended the law, setting the beverage carve-out and adjusting compliance dates
- Apr. 13, 2026 - Transition period ended; selling over-limit hemp products without a cannabis license became unlawful (NOW IN EFFECT)
- Nov. 13, 2026 - Liquor-store beverage exemption expires; PASSED BUT NOT YET EFFECTIVE, and it lands one day after the federal Section 781 change
Marijuana status
Adult-use is legal under the CREAMM Act and licensed retail sales launched in April 2022, with adults 21+ able to possess up to 6 ounces of flower or 17 grams of concentrate. New Jersey remains the only adult-use state that bans home cultivation entirely, for medical patients as well as recreational consumers.
References: P.L. 2025, c.215 (signed Jan. 12, 2026); P.L. 2026, c.7 (signed Mar. 30, 2026); CREAMM Act, N.J.S.A. 24:6I-31 et seq.
New Mexico
Hemp THC: Legal, with limits · Marijuana: Adult-use legal
Key restrictions
- NMED permit required to manufacture, dry/process flower, or warehouse hemp extract ($1,000 non-refundable application fee)
- Chemically converted / isomerized cannabinoids banned from production and sale statewide
- Pesticide testing, new warning-label statements and QR-code packaging rules apply; 'No THC' and 'THC-Free' claims are prohibited
- NMED holds authority over finished hemp products at retail, including products made out of state
- Manufacturing employees must hold food handler cards
Recent & pending changes
- Mar. 22, 2025 - HB 346 (Hemp Products & Synthetic Cannabinoids) passed the House 54-7 and Senate 37-0; sources conflict on whether it was enacted or died awaiting the Governor, so the NMED rules below are the reliably operative authority
- Aug. 1, 2025 (eff. Sept. 1, 2025) - NMED issued an emergency amendment banning chemically converted/synthesized intoxicating hemp cannabinoids
- Jan. 28, 2026 - NMED Hemp Final Rule took effect, making the emergency ban permanent, capping total THC in finished products, creating a new permit type and adding testing and labeling standards
- Nov. 12, 2026 - Federal Section 781 total-THC standard arrives; New Mexico's total-THC approach already aligns
Marijuana status
Adult-use cannabis has been legal since the 2021 Cannabis Regulation Act and licensed retail sales launched April 1, 2022, with hundreds of dispensaries statewide. Adults 21+ may possess 2 ounces of flower, 16 grams of extract and 800 mg of edibles in public (more if secured at home) and may grow up to 6 mature plants per adult, 12 per household.
References: Hemp Manufacturing Act, NMSA 1978 sections 76-24-1 to 76-24-11; NMED Hemp Final Rule, effective Jan. 28, 2026; Cannabis Regulation Act, NMSA 1978 ch. 26 art. 2C
New York
Hemp THC: Legal, with limits · Marijuana: Adult-use legal
Key restrictions
- OCM cannabinoid hemp retailer license required ($300 per location); out-of-state sellers shipping to New York consumers need a New York license and compliant products
- Synthetic, artificially derived and isomerized cannabinoids (delta-8, delta-10, THC-O, HHC) expressly prohibited
- Prohibited product forms: inhalable concentrates, oil cartridges, prefilled vapes, shatter/wax/resin, injectables, inhalers, and flower labeled or advertised for smoking or sold as cigarettes/cigars/pre-rolls
- Products over 0.5 mg total THC per serving, flower, and concentrated products cannot be sold to under-21s
- Independent lab testing, packaging/labeling and QR/COA requirements under 9 NYCRR Part 114
Recent & pending changes
- Jan. 9, 2026 - OCM published a consumer/licensee FAQ on the November 2025 federal hemp redefinition, warning of reduced availability of out-of-state products ahead of Nov. 2026
- Feb. 25, 2026 - A10191, which would have let off-premises liquor and wine stores sell 5 mg THC beverages with a 9% distributor and 13% retail tax, had its enacting clause stricken and is dead for the session
- 2025-2026 - New York's 1 mg/serving and 10 mg/package cannabinoid hemp caps remain unchanged; state limits are already stricter than the incoming federal 0.4 mg per container rule for multi-serving packages
- Nov. 12, 2026 - Federal Section 781 takes effect; OCM has said New York's program stays in place but out-of-state product supply will shift
Marijuana status
Adult-use is legal under the MRTA and licensed retail has been open since December 2022, now with hundreds of dispensaries; adults 21+ may possess up to 3 ounces of flower or 24 grams of concentrate. Home cultivation is permitted at up to 6 plants (3 mature) per adult and 12 per household.
References: N.Y. Cannabis Law art. 5 (Cannabinoid Hemp Program) and section 222; 9 NYCRR Part 114 (sections 114.3, 114.8); Marijuana Regulation and Taxation Act (MRTA), L. 2021 ch. 92
North Carolina
Hemp THC: Broadly legal · Marijuana: CBD / low-THC only
Key restrictions
- No state licensing, registration or permitting for hemp manufacturers or retailers
- No mandatory lab testing, packaging/labeling or COA requirements
- No statewide 21+ age requirement; many retailers voluntarily card
- Hemp THC products remain prohibited on military installations and for service members
- Nothing currently stops direct-to-consumer shipping into North Carolina
Recent & pending changes
- June 19, 2025 - Senate passed a rewritten HB 328 (licensing, $25,000 manufacturer fee, 21+, ALE enforcement) 35-7; House never concurred
- Apr. 21, 2026 - House refused to concur in the Senate version of HB 328 (95-18); a conference committee was appointed
- July 2, 2026 - Senate adopted the HB 328 conference report 37-6, shifting to a 0.3% total-THC definition aligned with the federal Nov. 12, 2026 standard plus a 21+ limit and a synthetic kratom ban; report then sat in House Rules (July 30, 2026)
- Aug. 4, 2026 - After heavy lobbying the House declined to vote; Speaker Destin Hall announced a study committee instead. SB 59 (21+ for hemp consumables and kratom, would take effect Dec. 1, 2026) also remains stuck in House Rules since June 10, 2026. NOTHING HAS BEEN ENACTED.
Marijuana status
Marijuana is illegal in North Carolina; there is no medical cannabis program beyond the narrow Epilepsy Alternative Treatment Act allowing CBD oil up to 0.9% THC for intractable epilepsy, with no in-state supply chain. Possession of up to half an ounce is a Class 3 misdemeanor punishable by fine, and the Eastern Band of Cherokee Indians operates a tribal adult-use dispensary in Cherokee that is outside state jurisdiction.
References: S.L. 2022-32; N.C. Gen. Stat. sections 90-87(16) and 106-568.51; HB 328 (2025-26 session) - conference report pending in House Rules, not enacted; SB 59 - pending in House Rules, not enacted
North Dakota
Hemp THC: Banned / prohibited · Marijuana: Medical only
Key restrictions
- Isomerized/converted cannabinoids are Schedule I controlled substances, not hemp
- Processors are prohibited from creating cannabinoids through chemical isomerization
- No legal retail channel for intoxicating hemp; only sub-0.3% total-THC CBD may be sold
- Marijuana concentrate is a Class C felony at any weight under N.D.C.C. 19-03.1-23, which raises the stakes on vapes and extracts
- No statutory minimum purchase age for non-intoxicating hemp/CBD products
Recent & pending changes
- Aug. 1, 2023 - SB 2096 took effect, excluding delta-8 and other synthesized cannabinoids (THC-O, HHC, THCP) from the definition of hemp; this remains the operative ban
- Nov. 5, 2024 - Voters rejected adult-use legalization for the third time (Measure 5, by about 5 points)
- Apr. 2025, eff. Aug. 1, 2025 - Gov. Armstrong signed HB 1203 legalizing low-dose THC lozenges in the medical program; SB 2293 and SB 2294 adjusted concentrate container limits, two-year patient cards and telehealth certifications
- 2026 - North Dakota's legislature meets only in odd years, so no 2026 session changes; the state's total-THC standard already anticipates the federal Nov. 12, 2026 rule
Marijuana status
Medical only under the Compassionate Care Act (Measure 5 of 2016), with roughly 9,900 registered patients served by 8 licensed dispensaries and a limit of about 2.5 ounces of flower per 30 days; home cultivation is prohibited. Recreational use is illegal - voters rejected legalization in 2018, 2022 and 2024 - and non-patient possession of an ounce is a $1,000 infraction on a first offense.
References: HB 1045 (2021), N.D.C.C. ch. 4.1-18.1; SB 2096 (2023), effective Aug. 1, 2023; N.D.C.C. ch. 19-24.1 (Compassionate Care Act); N.D.C.C. 19-03.1-23
Ohio
Hemp THC: Banned / prohibited · Marijuana: Adult-use legal
Key restrictions
- Dispensary-only: only DCC-licensed marijuana dispensaries may sell products above 0.4 mg total THC per container
- Gas stations, smoke shops, vape shops and grocery/liquor stores may sell only non-intoxicating CBD
- THC/CBD beverages are banned statewide - the 5 mg beverage allowance was vetoed
- Statewide dispensary cap of 400 licenses; roughly 204 were operating as of March 2026
- SB 56 also requires marijuana to stay in original packaging, bans most public consumption, and criminalizes transporting legally purchased marijuana in from other states
Recent & pending changes
- Oct. 9, 2025 - Gov. DeWine declared a public health emergency and issued an executive order banning intoxicating hemp sales; a Franklin County judge put it on hold Oct. 14-17, 2025 (BLOCKED BY INJUNCTION)
- Dec. 19, 2025 - DeWine signed SB 56, banning intoxicating hemp outside dispensaries and vetoing the 5 mg THC beverage carve-out
- Mar. 18-21, 2026 - Ohioans for Cannabis Choice fell roughly 40,000 signatures short of the 248,092 needed to force a referendum; SB 56 took effect Mar. 20/21, 2026 (NOW IN EFFECT). A Franklin County judge had separately shielded two businesses on Apr. 16, 2026
- July 13, 2026 - trackers report that U.S. District Judge Jeffrey Helmick granted a preliminary injunction letting ten named hemp companies keep selling while the Ohio AG moved to stay it. If accurate, the statewide ban is partially enjoined for those businesses only; verify the docket.
Marijuana status
Adult-use is legal under Issue 2 (2023) with licensed retail sales open since August 2024; adults 21+ may possess 2.5 ounces of flower and 15 grams of extract. Home cultivation survived SB 56 at 6 plants per adult and 12 per household, but SB 56 rolled back housing, employment and organ-donation protections and tightened public-use and transport rules.
References: SB 56 (136th Ohio G.A.), signed Dec. 19, 2025, effective Mar. 20, 2026; Ohio Rev. Code ch. 3780 (adult use) and ch. 928 (hemp); N.D. Ohio preliminary injunction of July 13, 2026
Oklahoma
Hemp THC: Broadly legal · Marijuana: Medical only
Key restrictions
- SB 1033 (2021) excludes delta-8 and delta-10 from the state marijuana definition
- No state retail license needed to sell hemp cannabinoids; ODAFF licenses growers, processors and commercial shippers
- OMMA-licensed dispensaries may not stock hemp-derived delta-8; medical and hemp channels are kept separate
- Retailers must hold COAs showing delta-9 at or below 0.3%; candy-mimicking packaging is an enforcement priority
- 21+ age verification is standard retail practice; Oklahoma has no comprehensive hemp retail statute
Recent & pending changes
- April 2025: Gov. Stitt directed OBNDD and OMMA to increase enforcement against unregulated intoxicating hemp products
- January 2026: reporting that ODAFF issued guidance capping retail hemp products at 0.4 mg total THC per container conflicts with other 2026 sources showing no state mg cap; treat as unresolved
- April 2026: SB 3 (2026), which would adopt a federal-style 0.4 mg per-container total-THC limit, was still in early procedural stages
- Nov 12, 2026: federal Section 781 cap would end most Oklahoma delta-8 and THCA sales absent a delay
Marijuana status
Medical only under SQ 788 (2018), with no qualifying-conditions list and an unusually large licensed dispensary network. Patients may possess 3 oz on their person, 8 oz at home, 1 oz of concentrate and 72 oz of edibles, and may grow 6 mature plants plus 6 seedlings; recreational SQ 820 was defeated in March 2023.
Out-of-state retailers can lawfully ship federally compliant hemp THC, including delta-8 and THCA flower, to Oklahoma consumers today; ODAFF requires a retailer/handler license for in-state commercial shipping, and the Nov 12, 2026 federal cap would close this channel.
References: 63 O.S. Sec. 2-101, as amended by SB 1033 (2021); Oklahoma Industrial Hemp Program, 2 O.S. Sec. 3-401 et seq.; SQ 788 (2018), 63 O.S. Sec. 420 et seq.
Oregon
Hemp THC: Legal, with limits · Marijuana: Adult-use legal
Key restrictions
- All artificially derived cannabinoids (delta-8, delta-10, HHC, THC-O, THC-P) prohibited outside narrow OLCC-approved exceptions
- Products over 0.5 mg total THC per serving are adult-use items sold only at OLCC-licensed dispensaries to 21+
- Hemp beverages capped at 2 mg THC per serving, sold through ODA-licensed hemp vendors and alcohol licensees; may not be used as mixers for on-premises consumption
- Hemp grower and handler licensing through the Oregon Dept. of Agriculture, annual application deadline May 31
- Total-THC (0.877 x THCA) testing standard means high-THCA flower is not hemp in Oregon
Recent & pending changes
- Jan 1, 2026: THC- and CBD-containing hemp beverages must register with the OLCC Hemp Registry; enforcement began June 2026
- 2026: ODA fact sheet confirms Oregon keeps its own total-THC formula and current rules until federal Section 781 takes effect Nov 12, 2026
- Nov 12, 2026 (pending): ODA notes the federal 0.4 mg per-container cap does not specify a total-THC calculation method, and any Oregon container limit will go through public rulemaking
Marijuana status
Recreational cannabis has been legal for adults 21+ since Measure 91 (2014), with licensed retail sales running since October 2015-2016 and no residency requirement. Adults may possess 1 oz of flower in public and 8 oz at home, and households may grow up to 4 plants.
Artificially derived cannabinoids are prohibited statewide and adult-use cannabinoid items may only be sold in person at OLCC-licensed retailers, so mail-order delta-8, delta-9 or THCA flower into Oregon is not lawful.
References: ORS 475C (Measure 91, 2014); HB 3000 (2021); OAR 845-026-0300, 845-026-0400 and 845-026-0410
Pennsylvania
Hemp THC: Broadly legal · Marijuana: Medical only
Key restrictions
- No state retail license required to sell hemp cannabinoid products
- No statutory minimum age for hemp THC; retailers self-enforce 21+ voluntarily
- PA Liquor Control Board 2023 advisory bars hemp-derived THC products at licensed alcohol venues and state wine-and-spirits stores
- Products must be hemp-derived and test at or below 0.3% delta-9; Pennsylvania has adopted no total-THC formula
- No state potency, serving-size, testing or packaging mandates specific to intoxicating hemp
Recent & pending changes
- June 10, 2026: the PA Senate rejected SB 49 by 27-23, but a motion to reconsider passed 29-21, so the bill can still be revived
- SB 49 would recriminalize hemp preparations above 0.3% total THC or 0.4 mg per container and create a Cannabis Control Board
- 2025-2026: House-passed adult-use legalization (HB 1200) stalled in the Republican-controlled Senate; Gov. Shapiro again pushed legalization in the 2026 budget
- Nov 12, 2026: federal Section 781 would ban most Pennsylvania hemp THC products with no state law change needed
Marijuana status
Medical only under Act 16 of 2016; registered patients may hold up to a 90-day supply and buy dry leaf flower, vapes, tinctures, pills and topicals from licensed dispensaries, though smoking is not an approved route. There is no home grow and adult-use remains illegal, but Philadelphia and Pittsburgh have decriminalized possession of up to an ounce.
No Pennsylvania statute restricts direct-to-consumer shipment of federally compliant hemp THC, so mail order is common; SB 49 would end that if revived, and federal Section 781 would do so on Nov 12, 2026.
References: 3 Pa.C.S. Sec. 701 et seq. (Pennsylvania Industrial Hemp Act); 35 P.S. Sec. 10231.101 et seq. (Medical Marijuana Act, Act 16 of 2016); SB 49 (2025-2026 Regular Session)
Rhode Island
Hemp THC: Legal, with limits · Marijuana: Adult-use legal
Key restrictions
- Cannabis Control Commission took over hemp regulation on June 29, 2025 and now licenses hemp retail alongside cannabis
- Synthetic or chemically converted cannabinoids, including delta-8 and converted delta-9, are prohibited
- Total-THC standard counting THCA rules out high-THCA flower entirely
- CCC paused new hemp licenses for businesses allowing on-site alcohol consumption as of July 2025
- Higher-dose THC products are available only at CCC-licensed adult-use or medical dispensaries, 21+
Recent & pending changes
- July 21, 2025: CCC emergency hemp rules adopted, finalized Dec 8, 2025 (230-RICR-80-10-1), setting the 1 mg/serving and 5 mg/package total-THC caps
- Feb 2, 2026: CCC publicly reviewed draft further restrictions on hemp-derived THC drinks
- March 1, 2026: CCC's final report to the General Assembly recommended banning THC drinks at liquor-licensed venues; this is a recommendation, not yet law
- CCC has said hemp rule updates may slip to early 2027 pending federal action on Section 781
Marijuana status
Adult-use cannabis has been legal since May 2022 under the Rhode Island Cannabis Act, with licensed retail sales open since December 1, 2022. Adults 21+ may possess up to 1 oz in public and grow up to 6 plants (3 mature); registered medical patients may possess 2.5 oz and grow larger amounts.
Virtually all mail-order hemp THC exceeds Rhode Island's 1 mg/serving and 5 mg/package caps or is a prohibited converted cannabinoid, and CCC-licensed dispensaries cannot ship.
References: R.I. Gen. Laws ch. 2-26 (Hemp Growth Act); 230-RICR-80-10-1 (CCC Industrial Hemp Rules); R.I. Gen. Laws ch. 21-28.11 (Rhode Island Cannabis Act)
South Carolina
Hemp THC: Broadly legal · Marijuana: CBD / low-THC only
Key restrictions
- October 2021 AG opinion (non-binding) holds that the SC Hemp Farming Act creates no exception for delta-8 or other THC isomers; SLED and local police have seized products and made arrests
- No state hemp retail license required; only general food-safety and tax rules apply
- No codified state minimum age for hemp THC; most retailers self-enforce 21+
- Columbia Ordinance No. 2022-082 requires drug-test warning signage; police sent enforcement letters to 30+ retailers
- Delta-9-only 0.3% test remains in force, which is why THCA flower is still sold despite law-enforcement opposition
Recent & pending changes
- March 20, 2026: the SC Senate passed H 3924 by 35-4 to regulate hemp THC for 21+ (up to 10 mg/serving in liquor stores; 5 mg per 12 oz beverage behind the counter elsewhere)
- June 25, 2026: the House rejected the H 3924 conference report 28-69 while the Senate adopted it 27-11, so the bill died and South Carolina remains unregulated
- Feb 4, 2026: H 4759 (hemp beverages, 5 mg per 12 oz, liquor-store-only, online sales and shipping banned) was recommitted to House Judiciary and is still pending
- Nov 12, 2026: federal Section 781 would end most SC hemp THC sales even with no state action
Marijuana status
Marijuana is illegal for both recreational and medical use, and possession of an ounce or less is still a misdemeanor carrying jail time. The only exception is Julian's Law (2014), which lets qualifying epilepsy patients possess CBD oil with at least 15% CBD and no more than 0.9% THC; the Compassionate Care Act (S. 53) has sat in Senate Medical Affairs since January 2025.
No South Carolina statute currently bars direct-to-consumer shipment of federally compliant hemp THC, and mail order is common; both 2026 bills would have banned online sales and shipments into the state.
References: S.C. Code Sec. 46-55-10 et seq. (South Carolina Hemp Farming Act, H 3449 of 2019); S.C. Code Sec. 44-53-1810 (Julian's Law); H 3924 and H 4759 (2025-2026 Session)
South Dakota
Hemp THC: Legal, with limits · Marijuana: Medical only
Key restrictions
- HB 1125 (effective July 1, 2024) bans chemically converted or synthesized cannabinoids; each noncompliant product is a separate Class 2 misdemeanor
- THC is measured post-decarboxylation, so THCA counts toward the 0.3% limit and smokable THCA flower is treated as marijuana
- Only naturally occurring, directly plant-extracted cannabinoids may be sold
- State hemp processor and retail licensing required; industrial hemp cultivation licensing moved to USDA in 2026
- Minimum age 21 for hemp cannabinoid sales
Recent & pending changes
- July 1, 2024: HB 1125 took effect, banning chemically converted cannabinoids and adopting a post-decarboxylation total-THC test
- June 12, 2025: joint Department of Health and Department of Public Safety notice, followed by statewide retail compliance sweeps and seizures beginning July 14, 2025
- March 18, 2026: SB 39 signed, transferring industrial hemp cultivation licensing to the USDA
- 2026: SB 61, which would have confined intoxicating hemp products to licensed dispensaries, died in the Senate
Marijuana status
Medical only under Initiated Measure 26 (2020), with roughly 80 licensed dispensaries operating since July 2022. Card-holding patients may possess up to 3 oz and may cultivate a small number of plants; recreational legalization was rejected by voters in 2020, 2022 and 2024.
Naturally derived hemp delta-9 products can still lawfully be shipped to South Dakota consumers, but the delta-8, delta-10 and THCA flower that dominate online hemp catalogs are contraband in the state and have been seized in retail sweeps.
References: HB 1125 (2024); SDCL ch. 38-35 (industrial hemp); SDCL ch. 34-20G (Initiated Measure 26, medical cannabis)
Tennessee
Hemp THC: Legal, with limits · Marijuana: CBD / low-THC only
Key restrictions
- TABC, with the Department of Revenue, replaced the Department of Agriculture as hemp regulator on Jan 1, 2026; all legacy TDA licenses expired June 30, 2026
- Face-to-face sales only at licensed brick-and-mortar retailers; no online sales, shipping or delivery
- Licensing: supplier $2,500 per location, wholesaler $5,000 per warehouse, retailer $1,000 per location, with a $750,000 financial-capacity showing for wholesalers
- Taxes: $0.02 per mg of hemp-derived cannabinoid at wholesale plus 6% retail sales tax
- 21+ with mandatory ID verification; CBD, CBG and CBN are excluded from the regulated category
Recent & pending changes
- May 21, 2025: Gov. Lee signed HB 1376 (Public Chapter 526); most provisions took effect Jan 1, 2026
- July 1, 2026: the THCA ban is reported to be fully in force. A December 2024 Davidson County Chancery Court injunction had let TDA-licensed retailers sell existing inventory through June 30, 2026; that window has closed.
- April 2026: SB 1761 / HB 1503 were reported transmitted to the governor, making technical revisions to supplier definitions, licensing, labeling and QR-code COA access. Not independently confirmed against enrolled text.
- Sources conflict on delta-8: Tennessee's licensing and tax framework treats it as a permitted hemp-derived cannabinoid under the 25 mg cap, while at least one tracker reads the law's synthetic-cannabinoid exclusion as banning it outright
Marijuana status
Tennessee has no medical or adult-use marijuana program. A narrow 2014/2021 law lets qualifying patients possess CBD oil containing up to 0.9% THC, but there is no legal in-state source for it, and possession of a half-ounce or less of marijuana is still punishable by up to nearly a year in jail.
Public Chapter 526 requires face-to-face sales in licensed brick-and-mortar stores and expressly bans online sales, shipping and delivery of hemp-derived cannabinoid products into Tennessee.
References: HB 1376 / Public Chapter 526 (2025); Tenn. Code Ann. tit. 43, ch. 27 (hemp-derived cannabinoids); Tenn. Code Ann. Sec. 39-17-402(16)(C) (low-THC oil)
Texas
Hemp THC: Legal, with limits · Marijuana: Medical only
Key restrictions
- Delta-8, delta-10, THCP and THCA flower are Schedule I as of July 31, 2026; possession is a state jail felony of 180 days to 2 years and fines up to $10,000
- Cannabinoid vapes and e-cigarettes have been banned since Sept 1, 2025 under SB 2024, a Class A misdemeanor
- DSHS retail hemp registration required; fees rose to $10,000/year per manufacturing facility and $5,000/year per retail location
- 21+ only, with government-issued photo ID, under Executive Order GA-56
- Two rounds of mandatory lab testing, child-resistant tamper-evident packaging, COA URLs on labels and TABC inspection consent
Recent & pending changes
- June 2025: Gov. Abbott vetoed SB 3, which would have banned all hemp THC; replacement Senate Bill 6 then failed in the House across two special sessions
- Sept 1, 2025: SB 2024 cannabinoid vape ban took effect. Sept 10, 2025: Executive Order GA-56 ordered 21+ sales, ID checks and total-THC testing
- March 31, 2026: DSHS consumable hemp rules took effect. THBC sued April 7 and won a TRO April 10 and a temporary injunction May 1; trackers report the Fifteenth Court of Appeals lifted that injunction on June 5, 2026, so nothing appears to be enjoined today.
- July 31, 2026: the Texas Supreme Court's decision in Texas DSHS v. Sky Marketing Corp. let the delta-8 Schedule I classification take effect. Trackers report that a federal judge in Galveston denied an emergency TRO on Aug 10, 2026 with a preliminary-injunction motion still pending - verify the docket before relying on it.
Marijuana status
Medical only through the Compassionate Use Program, expanded by HB 46 (signed June 21, 2025) to add chronic pain, Crohn's disease, traumatic brain injury, terminal illness and hospice care, and to replace the old 1% THC cap with 10 mg per dose and 1 gram of THC per package. Licensed dispensing organizations expand from 3 to 15; smokable flower and home grow remain prohibited and recreational use is illegal.
Federally compliant hemp delta-9 edibles and drinks can still be shipped to Texas consumers, but any shipment containing delta-8, delta-10, THCP or THCA flower now involves a Schedule I controlled substance, and DSHS rules bar bringing THC ingredients above 0.3% into Texas for processing.
References: Tex. Health & Safety Code ch. 443 and 25 TAC ch. 300; Tex. Health & Safety Code Sec. 161.0876 (SB 2024); HB 46 (2025); Tex. Health & Safety Code ch. 487
Utah
Hemp THC: Legal, with limits · Marijuana: Medical only
Key restrictions
- HB 54 (2025) excludes delta-8, delta-10, HHC and THC-O from lawful hemp; civil penalties up to $5,000 per violation plus seizure, destruction and permit revocation
- An Industrial Hemp Retailer Permit from the Utah Department of Agriculture and Food is required to sell cannabinoid products
- Smokable hemp flower is not a lawful cannabinoid product form in Utah
- Labels must disclose total cannabinoid content per serving and per package
- 21+ for any product with intoxicating cannabinoids; UDAF and local law enforcement run joint compliance sweeps
Recent & pending changes
- May 7, 2025: HB 54 took effect, banning chemically converted cannabinoids and tightening labeling and product standards
- Since May 2025: joint UDAF and law-enforcement sweeps have produced seizures, stop-sale orders, civil penalties and permit suspensions
- HB 227 (2023) had already established the 5 mg per serving and 150 mg per package ingestible caps
- Nov 12, 2026: the federal Section 781 cap of 0.4 mg total THC per container would be far stricter than Utah's current 5 mg per serving limit
Marijuana status
Medical only, dispensed through state-licensed medical cannabis pharmacies that must employ a pharmacist, with a required patient card. Patients may possess the lesser of a 30-day supply or 4 oz of flower / 20 g of THC; smoking and home cultivation are both prohibited.
Out-of-state sellers shipping delta-8 or other converted cannabinoids into Utah violate state law and shipments may be intercepted; only UDAF-registered, naturally derived products within the 5 mg/150 mg caps are lawful.
References: Utah Code Sec. 4-41-101 et seq. and Sec. 4-41a; HB 54 (2025); HB 227 (2023); Utah Medical Cannabis Act (Proposition 2, 2018)
Vermont
Hemp THC: Banned / prohibited · Marijuana: Adult-use legal
Key restrictions
- Intoxicating hemp cannabinoids may be sold only by CCB-licensed cannabis retailers or medical dispensaries (7 V.S.A. ss 904-909, 973)
- Synthetic and chemically converted cannabinoids banned by CCB Rule 2.17; delta-8/delta-10 named in April 2023 emergency rule
- THCA is counted as THC via the 0.877 total-THC formula, so THCA flower fails the hemp test
- CB1/CB2 receptor agonists are controlled drugs under Regulated Drug Rule CVR 13-140-11 ss 3.7 and 7
- Out-of-state hemp THC shipments fall outside the licensed channel and can be intercepted
Recent & pending changes
- June 18, 2026: Gov. Scott signed S.278, doubling adult possession to 2 oz flower / 10 g hash, creating a retailer cannabis-event pilot, ending vertically integrated licenses, and authorizing future interstate cannabis compacts
- 2026 session: S.323 (miscellaneous agriculture bill) carried provisions transitioning hemp-processor oversight and clarifying hemp-derived cannabinoid regulation; treat implementation details as still settling
- June 10, 2024 (Act 166 / H.612): codified that hemp products may not exceed 0.3% total THC dry weight, reinforcing the CCB's April 2023 emergency rule banning delta-8/delta-10 and the 1.5 mg per serving / 10 mg per package caps
- Nov 12, 2026 (pending): federal Section 781 0.4 mg total-THC-per-container cap is stricter than Vermont's 10 mg package presumption
Marijuana status
Adult-use cannabis is legal and retail stores have been open since October 2022; as of S.278 (signed June 18, 2026) adults 21+ may possess up to 2 ounces of flower or 10 grams of hash. Home grow is allowed at 2 mature and 4 immature plants per household.
References: 7 V.S.A. ch. 33 (Cannabis Regulation); CCB Rule 2.17; Vermont Hemp Rules s 6.3; S.278 (2026); Act 166 of 2024 (H.612)
Virginia
Hemp THC: Banned / prohibited · Marijuana: Adult-use legal
Key restrictions
- Hard 2 mg total-THC-per-package ceiling with no CBD:THC ratio exception as of Aug 15, 2026
- Retailers need a VDACS Hemp Product Retail Facility Registration ($1,000/year per location, Va. Code s 3.2-4122); hemp oversight moves to the Cannabis Control Authority July 1, 2027
- Violations are a Class 1 misdemeanor plus civil penalties up to $10,000 per day
- Synthetic/converted cannabinoids (delta-8, delta-10, THC-O) barred as synthetic THC derivatives regardless of potency
- SB 1060 / HB 1946 (2025) bar under-21 possession of retail hemp products intended for smoking
Recent & pending changes
- Aug 15, 2026: the 2026 budget act (2026 Sp. Sess. I, Ch. 1, signed June 29, 2026) took effect, repealing the 25:1 CBD:THC exemption and imposing a flat 2 mg total-THC-per-package cap. SB 543 (Ch. 1016, signed Apr 22, 2026) is a separate measure that takes effect Nov 1, 2026.
- Aug 14, 2026: industry trackers report that U.S. District Judge Robert S. Ballou denied a TRO and preliminary injunction sought by seven hemp businesses, leaving the cap in force with no injunction. Confirm the current docket before relying on this.
- Jan 7, 2025: Fourth Circuit upheld the constitutionality of SB 903 (2023), the original 2 mg / 25:1 total-THC framework effective July 1, 2023
- July 1, 2027 (pending): adult-use retail cannabis sales begin under HB 30; CCA regulations due Feb 1, 2027 and Article 4 of the Industrial Hemp Law is repealed July 1, 2027
Marijuana status
Possession and home cultivation have been legal since July 1, 2021, and HB 30 (June 29, 2026) finally built the commercial framework - adults 21+ may possess up to 2 ounces in public, with up to 4 home-grow plants per household. Licensed adult-use retail sales have NOT launched yet and are scheduled to begin July 1, 2027, so until then medical dispensaries are the only legal storefronts.
References: HB 30 (2026 biennial budget) and SB 543 (2026); SB 903 (2023); Va. Code ss 3.2-4112, 3.2-4122, 3.2-4123, 3.2-5145.4; SB 1060 / HB 1946 (2025)
Washington
Hemp THC: Banned / prohibited · Marijuana: Adult-use legal
Key restrictions
- All detectable-THC consumables are dispensary-only through WSLCB-licensed retailers
- Synthetic and chemically converted cannabinoids (delta-8, delta-10, THC-O, HHC) are barred regardless of delta-9 content
- Exemptions only for CHABA topicals not intended for consumption, FDA-approved products, and hemp seed/seed oil
- WSDA Hemp Producer License ~$1,200/year; WSLCB cannabis retail license $250 application + $1,381 annual renewal
- Inbound and outbound shipping of non-compliant hemp THC products is prohibited
Recent & pending changes
- July 23, 2023: E2SSB 5367 took effect, redefining cannabis to capture any detectable THC and pushing hemp intoxicants into the licensed system; WSLCB rulemaking and enforcement ramped through 2024-2025
- 2025-2026: WSLCB and WSDA continued enforcement under the detectable-THC standard; no 2026 legislation loosened it
- Nov 12, 2026 (pending): federal Section 781 adds a 0.4 mg total-THC-per-container cap, but Washington's stricter channel restriction remains the binding rule in-state
Marijuana status
Adult-use cannabis has been legal since I-502 (2012) with licensed retail open since July 2014; adults 21+ may possess 1 oz flower, 7 g concentrate, 16 oz solid edible, or 72 oz liquid. Home cultivation is NOT allowed for recreational users - only qualifying medical patients may grow.
References: E2SSB 5367 (2023); RCW 69.50.101 and RCW 69.50.204; WAC 16-306-090 (hemp testing)
West Virginia
Hemp THC: Legal, with limits · Marijuana: Medical only
Key restrictions
- Dual permitting: WVDA product registration ($100-$200 per product, with COAs and labels pre-approved) plus an annual per-location ABCA retail permit
- 21+ only; selling to a minor is a felony and underage possession is a misdemeanor
- Products must be behind the counter or in locked cases; no free sampling outside adult-only venues
- SB 546 (2023) schedules delta-THC isomers as Schedule I with a carve-out only for product lawfully made under the Industrial Hemp Development Act - CBD-converted delta-8 outside the program carries controlled-substance exposure
- Joint WVDA/ABCA retail sweeps have been ongoing since May 2025
Recent & pending changes
- May 15, 2025: ABCA hemp and kratom retail rule took effect (HB 2265 framework), requiring per-location permits, 21+ age verification, on-site inspection, and locked/behind-counter display
- March 23, 2023: SB 220 signed, creating the WVDA hemp-derived cannabinoid permit system under W. Va. Code s 19-12E-12
- June 8, 2023: SB 546 placed all delta-tetrahydrocannabinols on Schedule I with an Industrial Hemp Development Act carve-out - sources conflict on how much retail delta-8 actually qualifies, which is why delta-8 and THCA flower are best treated as gray
- Nov 12, 2026 (pending): federal total-THC test and 0.4 mg per-container cap would disqualify most THCA flower and many WV-permitted edibles; WVDA/ABCA guidance not yet issued
Marijuana status
Medical cannabis only, under the 2017 Medical Cannabis Act (SB 386) with dispensaries operating since November 2021 and the Office of Medical Cannabis overseeing certified patients. Recreational use remains illegal and home cultivation is not permitted for patients or anyone else.
References: W. Va. Code s 19-12E-12 (Industrial Hemp Development Act); SB 220 (2023); SB 546 (2023); W. Va. Code ch. 60A; W. Va. Code s 16A (Medical Cannabis Act, SB 386 of 2017)
Wisconsin
Hemp THC: Broadly legal · Marijuana: CBD / low-THC only
Key restrictions
- No statewide age minimum, potency cap, testing requirement, or retail licensing for hemp cannabinoid products
- Local ordinances fill the gap: Milwaukee and Madison (both 2025) bar sales under 21, and some counties impose school/youth-facility buffers
- Marijuana itself is fully illegal, so intoxicating hemp is the state's de facto THC market and is the main target of the coming federal cap
Recent & pending changes
- March 23, 2026: SB 644 and companion AB 680 (defining intoxicating vs. nonintoxicating cannabinoids and setting a 21+ sales age) failed to pass under Senate Joint Resolution 1 when the session adjourned; AB 503 (federal-style total-THC redefinition) and AB 606 (Department of Revenue Division of Intoxicating Products framework) also died
- March 2026: SB 1045, a Democratic adult-use legalization bill allowing 2.5 oz public possession, failed in the Senate
- Nov 12, 2026 (pending): federal Section 781 total-THC redefinition and 0.4 mg per-container cap would wipe out nearly all of Wisconsin's current hemp THC inventory since the state has no law of its own to fall back on
Marijuana status
Marijuana is illegal for both recreational and medical use - a first-offense possession of any amount is a misdemeanor (up to 6 months) and a repeat offense is a felony, though Milwaukee, Madison, Kenosha, Appleton, Wausau, and Green Bay have decriminalized small amounts locally. The only medical carve-out is CBD oil with no more than 0.3% THC under 2017 Wis. Act 4, which expanded 'Lydia's Law' to any medical condition with physician certification.
References: Wis. Stat. s 94.55 (hemp) and s 961.14(4)(t); 2017 Wis. Act 4 (CBD); 2013 Wis. Act 267 (Lydia's Law)
Wyoming
Hemp THC: Banned / prohibited · Marijuana: CBD / low-THC only
Key restrictions
- All THC isomers aggregate into one 0.3% cap under W.S. 11-51-101 as amended by SF 32
- Synthetic/converted cannabinoids are categorically excluded from hemp - CBD-to-delta-8 isomerization is prohibited
- No age-based carve-out exists because intoxicating hemp is simply illegal; violations are prosecuted under marijuana statutes (W.S. 35-7-1031)
- No hemp beverage or edible carve-out - a 10 mg beverage exception (HB 267, 2025) was proposed and never passed
- Retailers largely blocked Wyoming shipping after the Tenth Circuit ruling
Recent & pending changes
- Oct 27, 2025: Tenth Circuit decided Green Room LLC v. Wyoming, holding the 2018 Farm Bill does not preempt Wyoming's stricter hemp definition and upholding the ban; NO injunction is in effect
- July 1, 2024: SF 32 (signed March 7, 2024) took effect - note that this is a 2024 session bill, not 2025, even though the litigation ran through 2025
- 2025 session: HB 267, which would have carved out 10 mg hemp beverages, failed; the 2026 budget session adjourned sine die without changing the hemp statute
- Nov 12, 2026 (pending): federal Section 781 aligns national law with what Wyoming already does, so the federal change adds little in-state
Marijuana status
Marijuana is illegal for recreational and medical use with no dispensary program - up to 3 ounces is a misdemeanor (up to 12 months and $1,000) and more than 3 ounces is a felony, while growing any number of plants is a crime. The sole carve-out is the 2015 Hemp Extract Act (HB 32) allowing low-THC/high-CBD extract for intractable epilepsy through a Department of Health registry, but there is no legal in-state source to buy it.
References: SF 32 (2024), amending W.S. 11-51-101 et seq.; W.S. 35-7-1031 and 35-7-1001 to 35-7-1057; HB 32 (2015) Hemp Extract Act, W.S. 35-7-1901
Important: This page is editorial research compiled on August 20, 2026 from state statutes, agency rules, attorney-general opinions and legal-industry trackers. It is not legal advice, and My Cannabis Reviews is not a law firm. Several states listed here have laws passed but not yet in force, and some bans are being challenged in court, so litigation status can change faster than this page. Verify with your state agency or a licensed attorney before buying, selling, shipping or travelling with any hemp or cannabis product. Content is intended for adults 21+.