Delta-8 and Hemp THC Laws by State (2026)
How each state handles delta-8 and hemp thc products, from each state's code and official agencies.
| State | Delta-8 and hemp THC products |
|---|---|
| Alabama | Alabama regulates hemp-derived THC products as 'consumable hemp products' under a licensing chapter run by the Alcoholic Beverage Control Board. Smokable hemp products (hemp flower, buds, joints, cigarettes) and products with psychoactive cannabinoids made by chemical synthesis or conversion are excluded and banned, and selling or possessing them is a Class C felony. From January 1, 2026, products must have a lab certificate of analysis, be in sealed original packaging, and meet limits of 10 mg total THC per edible or beverage serving and 40 mg per container of other products. Buyers must be 21 or older; most retailers must admit only adults 21 and older, and underage buyers face the same penalties as underage drinking. Ala. Code 1975 §§ 28-12-2(5), 28-12-20(a), 28-12-23(a), 28-12-45(a), 28-12-49, 28-12-61 |
| Alaska | Alaska does not allow hemp-derived intoxicating THC products to be sold to consumers. Under the Division of Agriculture's industrial hemp regulations (effective November 3, 2023), any hemp product for human or animal consumption must be endorsed by the division before sale, and the division may not endorse a product that contains delta-9-THC or a non-naturally occurring cannabinoid, including one made from a hemp extract and modified beyond its original form. The division's January 31, 2025 advisory notice lists delta-8, delta-10, delta-6, THCA, THCV, THCP and HHC products sourced from hemp, and delta-9 THC even below 0.3%, as prohibited; it can issue notices of violation, civil fines and stop orders, seize products and refer violations for criminal prosecution. The notice also states that delivering or possessing with intent to deliver delta-9 THCA without a Marijuana Control Board license is a controlled substance crime (a class C felony for one ounce or more, a class A misdemeanor for any amount). 11 AAC 40.400(a), (d); 11 AAC 40.500; 11 AAC 40.520(b)(3) (as quoted in Alaska Division of Agriculture, Advisory Notice re: Prohibition of Sale of Certain Industrial Hemp Products, Jan. 31, 2025); AS 11.71.040, 11.71.050 (as stated in the same notice) |
| Arizona | Arizona's Attorney General concluded in Opinion I24-005 (March 11, 2024) that Arizona law does not permit the sale of delta-8, delta-10 or other hemp-synthesized intoxicants by businesses not licensed by the Arizona Department of Health Services, so convenience stores and smoke shops may not sell them. The opinion reasons that Arizona's industrial hemp law excludes hemp derivatives and extracts and that intoxicating cannabis products are Schedule I controlled substances that only licensed cannabis sellers may sell. An Attorney General opinion is the office's legal interpretation, not a statute or court ruling. Ariz. Att'y Gen. Op. I24-005 (R24-001) (Mar. 11, 2024), relying on A.R.S. §§ 3-311, 13-3401(4), 36-2512(A), 36-2850 |
| Arkansas | Arkansas bans intoxicating hemp-derived THC products. The Health Department's controlled substances list places delta-8 and delta-9 THC in Schedule VI; Act 629 of 2023, whose stated intent is to prohibit the production and sale of intoxicating substances derived from industrial hemp, added delta-10 THC and THC acetate esters (effective at once for people under 21 and from August 1, 2023 for adults), and a 2025 act added THCA, HHC and other hydrogenated, ether and synthetic forms of THC effective August 5, 2025. Hemp-derived CBD with no more than 0.3% delta-9 THC remains excluded. A federal court blocked enforcement in 2023, but the Attorney General announced that the U.S. Court of Appeals for the Eighth Circuit reversed that injunction on June 24, 2025, stating that anyone selling these products is now doing so in violation of the law. Act 629 of 2023, §§ 1, 6, 18; Ark. Dept. of Health List of Controlled Substances, Schedule VI (a)(2), (a)(5)(i) and notes *** and ****; Ark. Att'y Gen. press release, June 24, 2025 |
| California | California treats intoxicating hemp products as cannabis. Under AB 8 (Chapter 248, Statutes of 2025, signed October 2, 2025; most provisions effective January 1, 2026), hemp extract used in foods, beverages, dietary supplements and pet food may not contain any THC or synthetic cannabinoids, and hemp flower, hemp pre-rolls and inhalable products containing hemp-derived THC may not be sold in California. Emergency regulations in effect since September 23, 2024 require no detectable total THC in hemp foods and beverages, set a minimum age of 21 to buy hemp final-form products intended for human consumption, and limit packages to five servings. Selling intoxicating hemp products in violation of the law can bring the same civil and criminal penalties as cannabis violations. AB 8, Ch. 248, Stats. 2025; CDPH emergency regulations DPH-24-005 (as described in CDPH, AB 8 Frequently Asked Questions) |
| Colorado | Colorado bans intoxicating hemp products. Delta-8, delta-9, delta-10 and other THC isomers, THC esters, hydrogenated forms (such as HHC) and synthetic THC are 'intoxicating cannabinoids' when they exceed limits set by rule (or in any amount if no rule sets one). Since SB 23-271 (effective June 7, 2023), no one may manufacture, produce or distribute an intoxicating cannabinoid in Colorado as a hemp product or ingredient, except safe-harbor products made for export, or market a hemp product as containing THC. Hemp products with more than 1.25 mg of THC per serving or a CBD-to-THC ratio below 20 to 1 may not be sold to anyone under 21 or in packages of more than five servings. Violations bring civil penalties of up to $10,000 per day per violation. Bills to change this in 2025 (SB 25-076) and 2026 (SB 26-161, and SB 26-164 on hemp THC beverages) did not pass. C.R.S. 25-5-427(4)(d), (8)(a), (8)(e)-(f), (9); SB 23-271; Colorado General Assembly bill status pages for SB 25-076, SB 26-161, SB 26-164 (all 'Lost') |
| Connecticut | Connecticut's definition of THC expressly includes delta-7, delta-8, delta-9 and delta-10 THC regardless of source, and 'total THC' counts THCA. Since October 1, 2024, a hemp product with more than 1 milligram of total THC per serving or more than 5 milligrams per container (or flower or trim above 0.3% THC) is a 'high-THC hemp product,' which the law treats as marijuana/cannabis. Products with 0.5 to 5 milligrams of total THC per container ('moderate-THC hemp products') may be sold at retail since January 1, 2025 only by licensed cannabis establishments or registered moderate-THC hemp product vendors, only to people 21 or older after an ID check, with a 'not for under 21' symbol and testing rules. Other sellers of hemp flower must keep it behind the counter or locked and verify buyers are 21 or older. Conn. Gen. Stat. §§ 21a-240(29), (59), (60), (63); 21a-426; 22-61o |
| Delaware | Delaware's drug schedules list 'any tetrahydrocannabinols' in Schedule I with an exception only for FDA-approved products, while 'industrial hemp' (cannabis with no more than 0.3% delta-9 THC on a dry-weight basis) is excluded from the definition of marijuana; the statutes read do not separately address delta-8 or other hemp-derived THC products. House Bill 373 (signed July 23, 2026; 85 Del. Laws c. 394) creates a regulatory framework for THC-infused beverages (manufacturing, testing, product standards, retail sales, a per-container tax), raises civil penalties for selling infused beverages to people under 21, and lets beverage sales sunset if federal law changes the definition of hemp; the legislature lists its effective dates as October 21, 2026 and February 1, 2027. The Office of the Marijuana Commissioner states that the only products the state recognizes as safe are those bought from licensed retailers. 16 Del. C. §§ 4701(28)b.3., 4714(d)(19); 3 Del. C. § 2801(2); HB 373 (153rd G.A.) |
| Florida | Hemp-derived THC products such as delta-8 are legal in Florida if they qualify as hemp: 'hemp' includes all derivatives, extracts, cannabinoids and isomers of the plant with no more than 0.3% total delta-9 THC (dry weight; wet weight for hemp extract), and hemp is excluded from the controlled-substance definition of cannabis. Hemp extract may be sold only with an independent lab certificate of analysis, a QR code or barcode linked to it, batch number, expiration date and milligrams of each cannabinoid per serving, in child-resistant packaging that is not attractive to children (no human, cartoon or animal shapes, candy look-alikes or color additives). Hemp extract products for ingestion or inhalation may not be sold to anyone under 21; a violation is a second-degree misdemeanor, first-degree for a repeat within 1 year. Fla. Stat. §§ 581.217(3)(a), (e)-(f), (7); 893.02(3) |
| Georgia | Georgia regulates hemp-derived products such as gummies, vapes, oil tinctures and beverages as 'consumable hemp products.' Under Senate Bill 494 (main provisions effective October 1, 2024), the Department of Agriculture licenses growers, processors, manufacturers, wholesalers and retail consumable hemp establishments (including online sellers to Georgians), products must be tested by a Department-registered laboratory and meet packaging, advertising and labeling rules, and selling or furnishing consumable hemp products to anyone under 21 is prohibited. In the drug schedules, tetrahydrocannabinols are Schedule I except when found in hemp or hemp products as defined in § 2-23-3. SB 494 (2024); O.C.G.A. §§ 2-23-3, 16-13-25(3)(P) |
| Hawaii | Hawaii's Department of Health hemp rules ban hemp products containing artificially or synthetically derived cannabinoids, and the department counts delta-8 THC together with delta-9 and THCA toward 'total THC.' Under the interim rules effective January 28, 2026, manufactured hemp products must stay at or below 0.3% total THC and meet product-specific limits (for example 1 mg total THC per gummy and 5 mg per container; 0.5 mg per beverage container; oil tinctures 3 mg per serving and 85 mg per container), carry a 'Not for sale to persons under the age of 21' statement on edibles, and be sold only by businesses holding a DOH certificate of registration. Vapes and other inhaled hemp products, hemp flower, hemp cigarettes and cigars, and crude extract sold to consumers are prohibited. Haw. Admin. R. ch. 11-37 (interim rules, eff. Jan. 28, 2026), incl. § 11-37-3; Haw. Rev. Stat. ch. 328G |
| Idaho | Idaho has no separate licensing or age-limit program for delta-8 or other hemp-derived THC products. Its Schedule I lists tetrahydrocannabinols and their isomers and derivatives, except for the permitted amount of THC found in industrial hemp, and hemp is defined as Cannabis sativa with a total delta-9 THC concentration (counting THCA) of not more than 0.3%. Under a 2026 amendment, hemp products meant to be eaten or inhaled are subject to the state hemp law and must meet those controlled-substances criteria. Plant material or extract that does not meet the hemp definition, or is possessed without a hemp license, and contains any tetrahydrocannabinol is presumed to be marijuana, which is illegal in Idaho. Idaho Code §§ 37-2705(d)(29), 37-2701(u), 22-1705(4) |
| Illinois | Under SB 3222, signed June 12, 2026, selling intoxicating hemp products (such as delta-8, THC-P and HHC) to anyone under 21 is banned effective immediately, and buyers must show ID. Effective November 12, 2026, intoxicating hemp products are reclassified as cannabis and regulated under the Cannabis Regulation and Tax Act, the law that governs the licensed adult-use cannabis market; only non-intoxicating products with less than 0.4 mg total THC may be sold outside the licensed medical and adult-use cannabis market, and products must meet testing, labeling and child-resistant packaging rules. SB 3222 (2026), Illinois Hemp Act; Office of the Governor press release, June 12, 2026 |
| Indiana | Indiana has no licensing or age-limit program for delta-8 and other hemp-derived THC products. In Official Opinion 2023-1 (January 12, 2023), the Indiana Attorney General concluded that delta-8 THC, delta-10 THC, THC-O, THC-P and other THC variants and designer cannabinoids are Schedule I controlled substances under the 'tetrahydrocannabinols' entry in Ind. Code § 35-48-2-4(d)(31), and that the limited exceptions for products under 0.3% delta-9 THC do not apply to them. The opinion is advisory: the Attorney General defers to prosecutors and police on charging individual cases. A 2026 bill to license and regulate hemp-derived cannabinoid products (SB 250) was heard in committee but is not listed among the 2026 enacted laws. Ind. Code § 35-48-2-4(d)(31); Indiana Attorney General Official Opinion 2023-1 |
| Iowa | Iowa regulates hemp-derived THC products as 'consumable hemp products' (eaten, drunk or absorbed). Since 2024, such a product may contain no more total THC than the lesser of 0.3% on a dry weight basis or 4 milligrams per serving and 10 milligrams per container; hemp products above the limits are not exempt from the controlled substances law, and the Schedule I hemp exclusion counts THC 'inclusive of any isomers, derivatives, and analogs, whether naturally occurring or synthesized'. Manufacturers and sellers must register with the Department of Health and Human Services. Selling or giving a consumable hemp product to anyone under 21 is a simple misdemeanor, and a person under 21 who consumes, possesses or buys one faces a civil penalty and community service. Possessing or selling hemp or hemp products intended to be inhaled (smoked or vaped) is a serious misdemeanor unless federal law authorizes inhalation. Iowa Code §§ 204.2, 204.7, 204.14A, 204.14D, 204.14E, 124.204(7) (Iowa Code 2026) |
| Kansas | Kansas lists tetrahydrocannabinols, including natural and synthetic THC isomers, in Schedule I, except THC in industrial hemp (no more than 0.3% delta-9 THC on a dry weight basis) and in hemp products, unless the hemp product is otherwise unlawful under the hemp act. Final hemp products may contain a total tetrahydrocannabinol concentration of not more than 0.3%. Kansas bans selling or distributing hemp cigarettes, cigars, smokeless products, teas, and liquids or solids for vaping; a first violation is a class A nonperson misdemeanor and a repeat is a severity level 9 nonperson felony. The Revisor's annotation to the Schedule I statute summarizes Attorney General Opinion 2021-4 as finding delta-8 THC unlawful to possess or sell unless made from industrial hemp. Kansas has no age-limit or licensing program for hemp THC products. K.S.A. 65-4105(h)(1), 2-3901(b)(4), (7), 2-3908; Kansas Attorney General Opinion 2021-4 |
| Kentucky | Kentucky allows and regulates hemp-derived intoxicating cannabinoids such as delta-8, delta-10, THCA and THCV under a Cabinet for Health and Family Services regulation adopted after a 2023 law directed the cabinet to regulate delta-8 and other hemp-derived substances. These 'adult-use' cannabinoid products must be registered with the cabinet, lab-tested by an accredited laboratory, labeled with a warning that the product is for adults 21 and older, kept secured in stores, and may not be sold, given or transferred to anyone under 21; products may not exceed 0.3% delta-9 THC on a dry weight basis. Under a 2025 law, after the Department of Alcoholic Beverage Control adopts regulations or July 1, 2026 (whichever is earlier), distribution and retail sale of cannabis-infused beverages are regulated solely by that department. 902 KAR 45:190; 2023 Ky. Acts ch. 78, sec. 1; KRS 217.039(6) |
| Louisiana | Hemp-derived THC products (called consumable hemp products) are legal only within a regulated system. Processors, wholesalers and retailers need permits, and every product must be registered and approved by the Louisiana Department of Health after independent lab testing. Products may not contain more than 5 milligrams of total THC per serving or 40 milligrams per package (beverages: 5 mg per container of at least 12 ounces, no more than four containers per package; tinctures: 1 mg per 1-milliliter serving). Sales to anyone under 21 are banned, and retailers must check a photo ID. Inhalable products (including vapes), hemp flower for retail use, hemp in alcoholic drinks, and products made with a THC derivative that is not a naturally occurring cannabinoid are banned. Knowing violations carry fines of up to $300, $1,000 and $5,000 for first, second and third convictions. La. R.S. 3:1481, 3:1482, 3:1483(B), (C) |
| Maine | Hemp-derived THC products are legal in Maine but age-restricted. A 'potentially intoxicating hemp product' (an ingestible hemp product, including food and drinks, that is not below 0.3% intoxicating cannabinoids or that does not have more than a 10-to-1 ratio of non-intoxicating cannabinoids such as CBD to intoxicating ones) may not be sold to anyone under 21. The listed intoxicating cannabinoids include delta-8, delta-9 and delta-10 THC, hexahydrocannabinol (HHC), THC-O acetates and synthetic THC. These products, other than beverages, salves and topical products, must be in child-resistant, tamper-evident packaging. 7 M.R.S. §2231(1-A)(F)-(H), (12), (13) |
| Maryland | Maryland treats intoxicating hemp products like cannabis. 'Tetrahydrocannabinol' includes delta-8, delta-9 and delta-10 THC however derived, and other intoxicating cannabinoids except CBD. A product for eating, drinking or inhaling with more than 0.5 milligrams of THC per serving or 2.5 milligrams per package may be sold only by a state-licensed cannabis business, in compliance with state testing, packaging and labeling standards, and never to anyone under 21; violations are misdemeanors with fines up to $5,000. Selling a cannabinoid product not derived from naturally occurring plant compounds is a misdemeanor with a fine up to $10,000. A separate law makes it a misdemeanor to sell delta-8 or delta-10 products to anyone under 21 (fines up to $300, $1,000 and $3,000) and requires age verification on seller websites. Md. Code, Alc. Bev. & Cannabis §§36-1102, 36-1104; Crim. Law §10-108 |
| Massachusetts | The Massachusetts Department of Public Health states that hemp-derived delta-8 THC products may not be processed or sold in Massachusetts. Its guidance explains that the Department of Agricultural Resources (MDAR) Hemp Program considers delta-8 to be produced synthetically from hemp and does not allow these products. The same guidance says it is not legal to manufacture or sell food or drinks containing hemp-derived CBD or THC, and that only businesses licensed by the Cannabis Control Commission may sell beverages that include THC. Mass. Dept. of Public Health, 'CBD and THC in Food Manufactured or Sold in Massachusetts' (updated May 30, 2024); 105 CMR 500.000; 105 CMR 590.000 |
| Michigan | Michigan regulates intoxicating hemp THC as marijuana. Since October 11, 2021, 'THC' under the adult-use marijuana law includes THCA and any tetrahydrocannabinol (and its isomers), whether artificially or naturally derived, unless the Cannabis Regulatory Agency excludes it, so delta-8 and similar compounds count. A consumable product with more than 0.3% THC, or with more total THC than the limit set by the Cannabis Regulatory Agency, is 'marihuana,' which may be sold only through the state-licensed cannabis system to adults 21 and older. Hemp products at or below those limits are 'industrial hemp' and are not marijuana. MCL 333.27953(f), (h), (i), (aa) |
| Minnesota | Minnesota allows hemp-derived THC edibles only as licensed 'lower-potency hemp edibles' sold to people 21 or older. Non-beverage edibles may contain no more than 5 milligrams of delta-9 THC per serving, beverages no more than 10 milligrams per container, with no more than 0.5 milligrams per serving of other cannabinoids; they may not contain artificially derived cannabinoids (cannabinoids chemically converted, for example THC made from CBD) other than delta-9 THC, with a limited exception for by-products when the ratio of delta-9 THC to them is at least 20 to 1. Retailers need a lower-potency hemp edible retailer license, must check that customers are 21 or older, and must keep non-beverage edibles behind the counter or in a locked case. Minn. Stat. §342.01, subds. 6, 50; §342.46 |
| Mississippi | Mississippi law does not specifically regulate delta-8 or other hemp-derived THC products, and the state hemp program has not been funded or implemented. The Attorney General's official opinion of June 11, 2025 concludes that, outside a licensed medical cannabis dispensary operating under the Medical Cannabis Act, selling a hemp-derived product made for eating or drinking that is not approved by the U.S. FDA is prohibited under the Uniform Controlled Substances Law, as is possessing one with intent to sell. The opinion relies on Schedule I's listing of tetrahydrocannabinols, which covers THC in the cannabis plant and 'synthetic substances, derivatives, and their isomers' with similar effect, and its exemption only for FDA-approved hemp products for human consumption. The opinion said it could not fully answer questions controlled by federal hemp law. Miss. Code Ann. §§ 41-29-113(d)(31), 41-29-139(a); Miss. Att'y Gen. Op., Legality of Hemp Products for Human Ingestion and/or Consumption (June 11, 2025) |
| Missouri | Missouri's Intoxicating Cannabinoid Control Act (2026 H.B. 2641, signed April 23, 2026) takes effect November 12, 2026. From that date, all 'hemp-derived cannabinoid products' (any product from hemp, other than industrial hemp, that contains cannabinoids and is meant for human or animal use) are treated as marijuana and may be grown, made, tested, transported and sold only by businesses licensed under Article XIV of the Missouri Constitution (the marijuana program). The act's hemp definition excludes products with synthesized or lab-converted cannabinoids (cannabinoids not naturally produced by the plant, or made outside the plant) and final products with more than 0.4 milligram of total THC per container. A violation is a class D felony (up to 7 years) plus a fine of $5,000 per transaction. For some other products, if Congress delays the federal hemp restrictions, the act applies only while the federal restrictions are in force, but those products still may not be sold to anyone under 21. RSMo § 195.900 (2026 H.B. 2641, eff. Nov. 12, 2026), § 558.011 |
| Montana | Montana bans the manufacture, storage or sale of synthetic cannabinoids and synthetic cannabinoid products, which the law defines to include any cannabinoid produced artificially, by chemical synthesis or biosynthesis. Hemp products sold by anyone may not exceed 0.5 milligram of total delta-9 THC per serving or 2 milligrams per package (unprocessed hemp flower is exempt from this section). Since May 5, 2025 (S.B. 375, effective on passage), a hemp product intended for eating, smoking, vaping or other use that contains total delta-9 THC may not be sold to a consumer unless the U.S. FDA has authorized it as a food or drug. Marijuana products may be sold only by licensed marijuana businesses. MCA §§ 16-12-117, 16-12-102(39)-(40), 50-31-239 |
| Nebraska | Nebraska statutes read do not set up a licensing or age system for delta-8 or other hemp-derived THC. Hemp (no more than 0.3% delta-9 THC on a dry weight basis) is an agricultural commodity and is not a controlled substance, but Schedule I covers tetrahydrocannabinols, including 'synthetic equivalents' and synthetic derivatives with similar structure and effect. The Attorney General treats synthetically produced THC products as unlawful: in an April 17, 2025 release he announced cease-and-desist letters and lawsuits against stores selling 'illegal or unlawful synthetic THC' and mislabeled products. A bill to ban most consumable hemp THC products (LB 316) was debated in 2025 and 2026. Neb. Rev. Stat. §§ 2-503(3), 28-401(4), 28-405 Schedule I (c)(28)(A); Neb. Att'y Gen. release (Apr. 17, 2025) |
| Nevada | Nevada treats chemically converted delta-8 and similar products as synthetic cannabinoids. Since June 4, 2021 (S.B. 49), Nevada's definition of THC covers all isomers, including delta-8 and delta-10, and it has been illegal to produce, distribute or sell a synthetic cannabinoid without approval from the Cannabis Compliance Board. A 'synthetic cannabinoid' is one produced artificially, or not obtained directly from a cannabis plant without a chemical reagent (THC made by approved decarboxylation of THCA is excluded). The Board's consumer page explains that delta-8 THC 'is produced by combining CBD with an acidic catalyst and heated.' Hemp growers and producers are separately barred from producing or selling any synthetic cannabinoid. Since 2025, sellers of hemp products who do not hold a cannabis license must post signs saying the location is not licensed to sell cannabis and may not claim a hemp product produces an intoxicating effect. NRS 678A.239, 557.255, 678A.660; Nevada Cannabis Compliance Board, Consumers page |
| New Hampshire | New Hampshire does not allow sales of intoxicating hemp products above the hemp THC limit. Since October 7, 2023, the hemp law says it does not authorize the sale of hemp-derived products containing natural or synthetic THC greater than 0.3% on a dry weight basis 'in any formulation, including delta-8 THC, delta-9 THC, or any other THC isomer variant.' Starting January 1, 2027 (2026 law, chapter 275), THCA is added to that list, the section states outright that such products 'are prohibited,' and the hemp definition changes to a total-THC limit (including THCA) of 0.3%. Hemp itself may be grown as a crop. RSA 439-A:4 (2023, 237:6; 2026, 275:2, eff. Jan. 1, 2027), 439-A:2, V, 439-A:3 |
| New Jersey | Restricted. P.L.2025, c.215 (signed January 12, 2026, effective January 13, 2026; revised by P.L.2026, c.7, effective March 30, 2026) changed the definition of hemp effective April 13, 2026: hemp with more than 0.3 percent total THC (including delta-8, delta-10, THC-A and comparable cannabinoids), cannabinoids not naturally produced by the plant or chemically synthesized, and products with more than 0.4 milligrams of total THC per container are now treated as cannabis, subject to cannabis licensing. The law also bans selling any product with a detectable amount of THC to anyone under 21, online sales of hemp-derived products, and selling synthesized cannabinoids. Hemp-derived beverages with more than 0.4 milligrams of THC per container may be sold by certain alcohol licensees and licensed cannabis retailers only until November 13, 2026 (from May 31, 2026, limited to 10 mg per can or 5 mg per serving); after that they are cannabis sold only by licensed cannabis retailers. P.L.2025, c.215; P.L.2026, c.7 (as described by the Cannabis Regulatory Commission) |
| New Mexico | Restricted by Environment Department rule. Under the hemp rule 20.10.2 NMAC (an emergency rule effective August 1, 2025, made permanent effective January 28, 2026), a permitted hemp facility may not receive, possess, manufacture, advertise or sell semi-synthetic cannabinoids (made by chemically converting one cannabinoid into another; the Department's example is delta-8 THC made from CBD isolate) or synthetic cannabinoids, or products containing them; only listed cannabinoids such as CBD, CBG, CBN and THCV at 98 percent purity may be used. Hemp finished products may contain no more than 0.3 percent total THC, 2.0 milligrams of total THC per serving and 20 milligrams per package (tinctures 100 milligrams per package; broad-spectrum products 6.0 milligrams per package; cosmetics and vapes are exempt from the milligram limits), effective 60 days after the rule took effect. Adult-use cannabis itself is legal for people 21 and older under the Cannabis Regulation Act. 20.10.2.7, 20.10.2.11(K)-(L), 20.10.2.12 NMAC (eff. Jan. 28, 2026) |
| New York | Banned in cannabinoid hemp products. Since December 13, 2023, cannabinoid hemp products sold or distributed in New York may not contain synthetic or artificially derived cannabinoids or cannabinoids created through isomerization, including delta-8 THC and delta-10 THC, and must contain no more than 0.3 percent delta-9 THC. Food, drinks and other orally consumed hemp products are limited to 1 milligram of THC per serving and 10 milligrams per package. Licensed hemp retailers must attest that they will not sell flower, inhalable concentrates (such as vape cartridges) or any product with more than 0.5 milligrams of total THC per serving to anyone under 21. The Office of Cannabis Management licenses businesses that make, distribute or sell cannabinoid hemp products; intoxicating THC products are otherwise sold through the licensed adult-use cannabis system. 9 NYCRR Part 114 (as amended eff. Dec. 13, 2023) |
| North Carolina | Hemp-derived THC products are not controlled substances in North Carolina if they meet the hemp limit. State law defines hemp by a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis, excludes hemp and hemp products from the definition of marijuana, and excludes from Schedule VI tetrahydrocannabinols found in a product with a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis. The statutes read set no separate age limit, license or testing rule for hemp-derived THC products. Bills to set a 21 age limit and regulate hemp-derived consumables (House Bill 328, Senate Bill 59 and House Bill 468 of the 2025-2026 session) had not been ratified as of their bill pages in October 2026. G.S. 90-87(13a), (13b), (16); G.S. 90-94(b)(2) |
| North Dakota | Banned. A person may not sell hemp or hemp commodities or products that contain delta-8 THC or chemically derived cannabinoids (such as THC-O, HHC and THCP), and licensed hemp businesses may not convert CBD into delta-9, delta-8, delta-10 or other THC isomers. Allowed hemp products (such as CBD and CBG products) must be tested, with the total THC result shown on a certificate of analysis and on the label, and must stay within the THC level set by the agriculture commissioner (no higher than the federal limit). Other cannabis- or hemp-derived products that are not allowed hemp products are regulated under the medical marijuana chapter (19-24.1). A court may impose a civil penalty of up to $5,000 per violation of the hemp chapter. N.D.C.C. 4.1-18.1-01(5), 4.1-18.1-04.1, 4.1-18.1-04.3, 4.1-18.1-04.4, 4.1-18.1-15 |
| Ohio | Banned outside licensed dispensaries. Under Senate Bill 56 (effective March 20, 2026), hemp means cannabis with no more than 0.3 percent total THC (including THCa, delta-8, delta-10 and other psychoactive isomers) on a dry weight basis, and it excludes any final hemp-derived cannabinoid product containing more than 0.4 milligrams total THC (and similar cannabinoids) per container, or containing cannabinoids that are synthetic or were synthesized outside the plant. Products outside the hemp definition are treated as marijuana, which may be sold only by dispensaries licensed by the Division of Cannabis Control to adults 21 and older; knowingly transferring adult-use marijuana to a person under 21 is a first-degree misdemeanor for a first offense and a fifth-degree felony after that. The Governor vetoed a proposed temporary system for selling hemp-derived THC drinks at bars and stores. R.C. 928.01(C), (E) (eff. March 20, 2026); R.C. 3796.06(F), 3796.99(C) |
| Oklahoma | Under Oklahoma's compiled statutes, hemp (Cannabis sativa L. with no more than 0.3% delta-9 THC on a dry-weight basis) and hemp-derived cannabinoids are treated as an agricultural commodity and not a controlled substance, and the medical marijuana law's definition of marijuana excludes any plant or material containing delta-8 or delta-10 THC grown, processed or sold under the Oklahoma Industrial Hemp Program. Hemp products may be sold at retail without a license if the hemp was legally grown and processed. No state age limit for delta-8 products was found in the sections read. 2 O.S. § 3-601(B)(7); 63 O.S. §§ 427.2, 1-1431(C), 2-101 |
| Oregon | Oregon allows hemp products with delta-8 and other intoxicating cannabinoids but regulates them. A hemp product that exceeds the concentration of 'adult use cannabinoids' (which include delta-8 THC and intoxicating artificially derived cannabinoids) set by the Oregon Liquor and Cannabis Commission, or has more than 0.3% total delta-9 THC, is an 'adult use cannabis item' that may not be sold or delivered to anyone under 21 and must be labeled 'For use only by adults 21 and older.' Hemp products for human consumption must be lab-tested, and the commission sets per-serving and per-package cannabinoid limits and approval standards for products containing artificially derived cannabinoids. ORS 475C.009, 571.295, 571.309, 571.330, 571.339 |
| South Dakota | South Dakota bans intoxicating hemp-derived THC made by chemical conversion. Since 2024 it is a crime to chemically modify or convert hemp or CBD into delta-8, delta-9, delta-10 or any other THC isomer, or to sell or distribute hemp or a hemp product containing chemically derived cannabinoids; each is a Class 2 misdemeanor. The definition of a legal industrial hemp product (no more than 0.3% total delta-9 THC) expressly excludes products with chemically derived cannabinoids such as delta-8, delta-10, THC-O, HHC and THCP. Separately, selling any consumable product containing delta-8 THC, THCA, THC-O or HHC to someone under 21 is a Class 1 misdemeanor, and an under-21 buying or possessing one commits a Class 2 misdemeanor. SDCL 34-20B-118, 34-20B-117, 38-35-1(3), (7) |
| Tennessee | Since January 1, 2026, hemp-derived cannabinoid products (HDCPs) in Tennessee are regulated by the Alcoholic Beverage Commission under Public Chapter 526 (2025). Products with non-detectable THC need no license; products with no more than 0.3% total THC are legal but must be made, distributed and sold by TABC-licensed suppliers, wholesalers and retailers; products over 0.3% total THC are illegal. 'Total THC' counts THCA (THCA x 0.877 + delta-9 THC), and products containing THCp or synthetic cannabinoids are banned in any amount. Retail sales are limited to licensed businesses that keep out people under 21, licensed package stores, and on-premises sales at liquor-by-the-drink licensees; sales may not be delivered or shipped to consumers or made through vending machines or self-checkout, and selling HDCPs without a license is a Class A misdemeanor. Businesses with Department of Agriculture licenses could keep operating under the 2023 law until those licenses expired June 30, 2026, and since July 1, 2026 retailers may buy HDCPs only from TABC-licensed wholesalers. Tennessee Alcoholic Beverage Commission, Frequently Asked Questions - Hemp FAQs (citing Public Chapter 526 (2025); Tenn. Code Ann. Title 57, Chapter 7; 53-11-451; 57-7-203(a)(2)) |
| Texas | Consumable hemp products are legal in Texas if they contain no more than 0.3 percent delta-9 THC, but delta-8 THC is not: the Department of State Health Services (DSHS) says the Texas Supreme Court confirmed in Texas Department of State Health Services v. Sky Marketing Corp. that delta-8 THC is a controlled substance, with only naturally occurring trace amounts from the hemp plant exempt, and a Texas schedule affecting delta-8 THC took effect July 31, 2026. Products labeled as containing delta-8 or containing more than trace amounts of THC may be detained and referred to law enforcement. Since emergency rules adopted October 2, 2025, licensed and registered sellers may not sell consumable hemp products to anyone under 21 and must check government-issued ID; permanent rules took effect March 31, 2026. Manufacturers need a DSHS license and retailers a DSHS registration, products must be tested and labeled, and manufacturing hemp products for smoking in Texas is prohibited. Tex. Health & Safety Code §§ 443.101, 443.151, 443.152, 443.204, 443.205; 25 Tex. Admin. Code §§ 300.701, 300.702 (DSHS) |
| Utah | Utah allows hemp cannabinoid products only if they are registered with the Department of Agriculture and Food and meet strict THC limits: less than 0.3% total THC plus any 'THC analog' (a substance structurally or pharmacologically similar to delta-9 THC, which covers intoxicating hemp cannabinoids) by dry weight, no more than 10% of total cannabinoid content, and no more than 5 milligrams per serving and 150 milligrams per package. Total THC includes THCA (delta-9 THC + THCA x 0.877). Products containing THCP, THC acetate or HHC are non-compliant and may be seized. It is unlawful to sell a product containing THC or a THC analog to anyone under 21, to sell smokable hemp flower, or to add these products to conventional food or drinks or market them to children; cannabinoid vapes may not be sold to anyone. Utah Code §§ 4-41-102(6), (8), (19), (24), (26); 4-41-105(2); 4-41-402; 76-9-1120 |
| Vermont | Since June 18, 2026, the Cannabis Control Board oversees both cannabis and hemp in Vermont. Hemp processors, including anyone trading in hemp-derived cannabinoids, must be licensed by the Board, and every hemp-derived product containing or reasonably expected to contain more than 0.4 mg of THC must be registered with the Board before it is sold. The Board may decide when a registered product with more than 0.4 mg THC must be limited to buyers 21 or older or to certain settings, and it has authority to regulate synthetic and hemp-derived cannabinoids, including delta-8 and delta-10 THC. A hemp-derived product that the Board prohibits or deems a regulated cannabis product, or that is not lawful in interstate commerce, is treated as a cannabis product rather than hemp. 7 V.S.A. §§ 851, 852(4), 854, 855(a)(10), 862a |
| Virginia | Virginia caps the THC in any hemp product sold at retail, including delta-8 and other intoxicating hemp cannabinoids, because 'tetrahydrocannabinol' covers any natural or synthetic THC and its isomers: a product may contain no more than 0.3 percent total THC and, since August 15, 2026, no more than two milligrams of total THC per package. Selling smokable or edible hemp products requires a regulated hemp product retail facility registration for each location; products containing THC must be in child-resistant packaging and labeled with THC content and that they may not be sold to anyone under 21, and smokable hemp products may not be sold to anyone under 21. Selling a product over the THC limits or without registration carries a civil penalty of up to $10,000 per day. Va. Code §§ 4.1-600; 3.2-4112; 3.2-4122; 3.2-4123; 3.2-4126(B); 18.2-371.2 |
| Washington | Since July 23, 2023, Washington law treats any product meant to be consumed or inhaled that contains any detectable amount of THC as a 'cannabis product', so only licensed cannabis retailers may sell it. The Liquor and Cannabis Board says it is illegal for unlicensed stores to sell products with any detectable THC, including hemp-derived and synthetic THC such as delta-8 THC, and that such products sold online from other states are still considered illegal. Cannabis health and beauty aids and FDA-approved hemp products (such as hemp seed oil) are exempt. RCW 69.50.101(8); 69.50.575; Washington State Liquor and Cannabis Board, 'Hemp-Derived and Synthetic THC Products' |
| West Virginia | Regulated, adults 21 and older only. West Virginia's Select Plant-Based Derivatives Regulation Act covers naturally occurring 'hemp-derived cannabinoids': delta-9 THC at no more than 0.3 percent on a dry weight basis, delta-8 THC, delta-10 THC, HHC, THCp and THCv. Anyone who makes, processes, distributes or sells these products needs a permit from the Commissioner of Agriculture, products and labels must be approved, and retail sales carry an 11 percent privilege tax. Selling without a permit is a misdemeanor (up to 1 year in jail and/or $1,000), with a felony for repeat violations; knowingly selling to a person under 21 is a felony (1 to 5 years and/or up to $5,000); and a person under 21 who possesses these products commits a misdemeanor (up to 1 year and/or $1,000), with later violations a felony (1 to 3 years and/or up to $5,000). Enacted 2023 (SB 220) and amended 2024 (SB 679). W. Va. Code § 19-12E-12(b)-(d), (f), (i), (m), (q), (r) |
| Wisconsin | Wisconsin law does not separately regulate delta-8 THC or other hemp-derived THC products (no age limit or retail license in the statutes). Hemp is defined as the cannabis plant and all its derivatives, extracts, cannabinoids and isomers with a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis (or the federal maximum up to 1 percent, if higher), tested post-decarboxylation, and THC contained in hemp is excluded from the Schedule I listing of THC. Products above that delta-9 limit are treated as THC, a Schedule I controlled substance. Wis. Stat. §§ 94.55(1), 961.14(4)(t)3., 961.01(14) |
| Wyoming | Banned as a product unless it stays within hemp limits. Since July 1, 2024, Wyoming counts delta-9 THC plus psychoactive analogs and psychoactive isomers of THC (such as delta-8) toward hemp's 0.3 percent THC limit, and 'hemp' cannot contain any 'synthetic substance' (any synthetic THC, synthetic cannabinoid or other psychoactive substance). No one may produce, process or sell hemp products above 0.3 percent THC or add a synthetic substance; intentional violations of the hemp chapter are misdemeanors (up to 6 months and/or $750). Products outside the hemp definition are treated as controlled substances (tetrahydrocannabinols are Schedule I). Separately, selling or giving THC edibles or THC vaping products to anyone under 18 is a misdemeanor (fines up to $250, $500 and $750 for repeat violations). W.S. 11-51-101(a)(iii), (vii)-(viii), 11-51-102(b), 11-51-103(f), 11-51-104(c), 14-3-301(a)(viii)-(xi), 14-3-310, 35-7-1063 |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.