Legal THC in 2025: Your State-by-State Playbook for Hemp-Derived Cannabinoids

Retail sale of "hemp products" permitted with packaging, age, and testing requirements administered by the state.

Source: AL Hemp Program

Industrial hemp is legal, but the state emphasizes strict oversight and has integrated hemp oversight under the Department of Natural Resources.

Source: AK Department of Natural Resources

The Arizona Attorney General concluded Delta-8 is a controlled substance unless produced within the regulated marijuana program.

Source: AZ Attorney General

Medical marijuana is tightly regulated. Recent law book updates treat certain hemp-derived conversions and acetate esters as controlled substances; enforcement focuses on synthetically converted THC isomers.

Source: AR Board of Pharmacy Law Book | Medical Marijuana Rules

• Rule of thumb: Total THC in hemp foods and finished products must be ≤ 0.3%. CDPH bars "synthetic" or isomerized cannabinoids in hemp products and treats many intoxicating hemp compounds as prohibited in non-cannabis channels.
• Impacts: Delta-8, Delta-10, THC-P, HHC, HHC-P, THCh made via conversion are not allowed in hemp foods; THCa counts towards total THC. Inhalable hemp remains tightly constrained.
• Source(s): CDPH consumer FAQs and retailer/manufacturer FAQs and AB45 framework

• Rule of thumb: Colorado treats chemically modified or converted cannabinoids (CBD → Delta-8 / THC analogs) as non-compliant for hemp products.
• Impacts: Delta-8, HHC, HHC-P, THCh produced via conversion are barred in hemp.
• Source(s): CDPHE guidance | 6 CCR 1010-24

• Rule of thumb: High-THC hemp and any products containing synthetic or isomerized cannabinoids are treated as cannabis and may be sold only by licensed cannabis retailers. A new “moderate-THC hemp” category allows micro-dose products under strict limits and registration.

• Impacts: Delta-8, Delta-10, THCP, HHC, HHCP, THCH are not permitted in general hemp retail. THCa counts toward total THC.

• Source(s): DCP guidance on Delta-8/Delta-10 | Moderate-THC Hemp

• Rule of thumb: Hemp production is legal, but intoxicating products are regulated through the cannabis framework.
• Source(s): DE Hemp Program | OMC proposed adult-use regulations

• Rule of thumb: FDACS enforces 21+ age requirements, as well as packaging, child-resistant containers, labeling, and testing for hemp extracts.
• Source(s): Consumable Hemp Program | FDACS Hemp Cultivation Licensing | SB 1676 | Rule 5K-4.034 | Wholesale Manufactured Food Permits covering hemp extracts

• Rule of thumb: Georgia licenses manufactures, wholesalers and retailers of consumable hemp, imposes warning symbol, labeling, age-21, and serving size limits.
• Source(s): GA Rules Chapter 40-32 | Retail Consumable Hemp License | Consumable Hemp Products Rules | Serving Size Limits

• Rule of thumb: Hawaii prohibits hemp products that are intoxicating to consumers; strict labeling and product-type limits apply.
• Source: HI Health Dept.

• Rule of thumb: 0.0% THC requirement for manufactured hemp products.
• Impacts: Delta-8, hemp Delta-9, THCa, THC-P, HHC/HHC-P, THCh are not allowed in hemp goods.
• Source: ID Department of Agriculture

• Rule of thumb: Hemp products are permitted with food and labeling rules.
• Impacts: Delta-8, THCa, THC-P, HHC, HHC-P, THCh
• Source(s): Statutes and rules index | Health Dept. Food Guidance

• Rule of thumb: Consumable hemp is tightly controlled; intoxicating hemp products and synthetic conversions are not permitted for retail sale.
• Impacts: Delta-8, Hemp Delta-9, THCa, THC-P, HHC, HHC-P, THCh
• Source: IA Cannabis Hemp Rules

• Rule of thumb: State licenses production; retail sales of hemp must comply with testing and labeling and remain at or under 0.3% delta-9.
• Impacts: Delta-8, Delta-9, THCa, HHC, HHC-P, THC-P, THCh
• Source: KS Agriculture

• Rule of thumb: HDCP law sets age-21, testing, packaging, and retailer licensing. Delta-8 and like compounds must comply with HB 544 and CHFS guidance.
• Impacts: Delta-8, Delta-9, THCa, HHC, HHC-P, THC-P, THCh
• Source(s): HB 544 | CHFS hemp product guidance

• Rule of thumb: 0.3$ Delta-9 and 8MG total THC per serving limits for most consumable hemp; labeling, testing, and category rules apply.
• Impacts: Delta-8 and other intoxicating cannabinoids can be sold if within per-serving caps and product category limits. THCa counts toward total THC.
• Source: LA R.S. 3:1483 product approval

• Rule of thumb: OCP permits intoxicating hemp products that meet testing, potency caps, and labeling.
• Impacts: Delta-8, Delta-9, THCa, HHC, HHC-P, THC-P, THCh
• Source: ME OCP Hemp

• Rule of thumb: Sales of psychoactive hemp cannabinoid products are limited to licensed cannabis businesses under MCA guidance.
• Impact: Delta-8, Delta-9, THCa, HHC, HHC-P, THC-P, THCh
• Source: MD Cannabis Dispensary Licensing Guidance

• Rule of thumb: MDAR does not allow many intoxicating hemp products in conventional retail.
• Impact: Delta-8, Delta-9, THCa
• Source: MA Hemp and Hemp-Dervied CBD Products

• Rule of thumb: Delta-8 and similar compounds are regulated as marijuana; only CRA-licensed businesses may sell them.
• Impact: Delta-8, THC-P, HHC, HHC-P, THCh move into the cannabis system; hemp shops cannot sell intoxicating cannabinoids.
• Source: CRA Delta-8 Bulletin

• Rule of thumb: 5MG THC per serving and 50MG per package for hemp edibles; other potency and packaging rules apply.
• Impacts: Delta-8 and hemp Delta-9 are allowed inside the caps; beverages and other forms have specific rules. THCa counts total THC.
• Source: Minn. Stat. §151.72 | §342.46

• Rule of thumb: State medical cannabis program controls THC intoxicants; general retail intoxicating hemp products face enforcement under food and drug rules.
• Impact: Delta-8, Delta-9, THCa, THC-P, HHC, HHC-P, THCh
• Source: MSDH

• Rule of thumb: The state has not adopted a cannabis-only rule for hemp intoxicants statewide; products must comply with general food, drug, and consumer laws.
• Impact: Delta-8, Delta-9, THCa, HHC, HHC-P, THC-P, THCh
• Source: MO Dept. of Agriculture

• Rule of thumb: State public health guidance lists delta-8 and similar synthetics as controlled substances; intoxicating hemp is treated as marijuana.
• Impact: Delta-8, HHC, HHC-P, THC-P, THCh
• Source: MT DPHHS

• Rule of thumb: Production is legal; retail products must meet the hemp definition and general food and labeling standards.
• Impact: Delta-8, Delta-9, THCa, THC-P, HHC, HHC-P, THCh
• Source: NE Hemp

• Rule of thumb: Nevada CCB guidance treats intoxicating hemp cannabinoids as cannabis products that must flow through licensed cannabis supply chains.
• Impact: Delta-8, Delta-9, THCa, THC-P, HHC, HHC-P,  THCh
• Source: NV CCB

• Rule of thumb: AG guidance and legislative activity have targeted intoxicating hemp for age, packaging and retail limits; many products are treated as cannabis or restricted.
• Impact: Delta-8, Delta-9, THCa, THC-P, HHC, HHC-P, THCh
• Source: NH DOJ

• Rule of thumb: Products with detectable THC must be sold through CRC-licensed cannabis retailers. Hemp beverages are regulated under CRC and ABC oversight.
• Impact: Delta-8, THCa, THC-P, HHC, HHC-P, THCh
• Source: NJ-CRC Consumer Safety | Treasury TB-104

• Rule of thumb: 2025 emergency amendments restrict semi-synthetic and synthetic cannabinoids in hemp finished products; hemp finished product must meet 0.3% total THC and other safety requirements.
• Impact: Delta-8, THC-P, HHC, HHC-P, THCh produced via conversion are not allowed in hemp products.
• Source: NMED Hemp Emergency Rule | 20.10.2 NMAC Amendments

• Rule of thumb: Cannabinoid hemp edibles are limited to 1MG THC per serving and 10MG per package, plus a 15:1 non-THC cannabinoid to THC ratio. Synthetic, artificially derived, or isomerized cannabinoids such as Delta-8/Delta-10 are prohibited in cannabinoid hemp products.
• Impact: Delta-8, THC-P, HHC, HHC-P, THCh are not permitted in NY's hemp program; THCa counts toward total THC.
• Source: OCM guidance

• Rule of thumb: NC recognizes hemp under federal definition.
• Impact: Delta-8, Delta-9, THCa, THC-P, HHC, HHC-P, THCh
• Source: NC Hemp Program

• Rule of thumb: Artificially derived cannabinoids are prohibited in hemp products.
• Impact: Delta-8, THC-P, HHC, HHC-P, THCh
• Source: ND Industrial Hemp Program

• Rule of thumb: The Department of Agriculture regulates hemp products for testing and labeling; intoxicating hemp must comply with food rules.
• Impact: Delta-8, Delta-9, THCa, THC-P, HHC, HHC-P, THCh
• Source: OH Dept. of Agriculture

• Rule of thumb: Hemp-derived, intoxicating cannabinoids are legal in the state of Oklahoma.
• Impact: Delta-8, Delta-9, THCa, THC-P, HHC, HHC-P, THCh
• Source: ODAFF Hemp Statutes

• Rule of thumb: OLCC rules limit artificially derived cannabinoids and treat many intoxicating hemp items as adult-use cannabis with age gates and testing. Limits also apply to sales to minors for hemp items with measurable THC.
• Impact: Delta-8, THC-P, HHC, HHC-P, THCh created via conversion are restricted; THCa counts toward total THC for compliance and age-gate triggers.
• Source: Selling Hemp in Oregon |  Division 26 Limits

• Rule of thumb: PDA oversees hemp program and retail food safety.
• Impact: Delta-8, Delta-9, THCa, THC-P, HHC, HHC-P, THCh
• Source: PA Dept. of Agriculture

• Rule of thumb: DBR/CCC prohibit synthetically derived cannabinoids like Delta-8, Delta-10, and HHC without a variance; hemp retail requires licensing.
• Impact: Delta-8, HHC
• Source: DBR Pamphlet on Hemp-Derived Consummables

• Rule of thumb: AG opinions advise that Delta-8 and THC isomers remain controlled substances and not lawful under the Hemp Farming Act.
• Impact: Delta-8, Delta-9, THCa, THC-P, HHC, HHC-P, THCh
• Source: SC Attorney General

• Rule of thumb: Hemp program operates under DANR; production and processing require licenses and adherence to total THC testing.
• Impact: Delta-8, Delta-9, HHC, HHC-P, THC-P, THCh; THCa counts toward total THC
• Source: SD DANR Agriculture Inspection

• Rule of thumb: As of July 1, 2024, Tennessee requires licenses for retailers and suppliers of hemp-derived cannabinoid products and imposes 21+ age restrictions and other compliance steps.

• Impacts: Intoxicating hemp cannabinoids can be sold only under the new program with testing, labeling, and age gating.

• Source: TN Department of Agriculture

• Rule of thumb: Texas regulates consumable hemp products under 25 TAC Chapter 300 with manufacturing, testing, labeling, and retail registration. State materials note that only Delta-9’s 0.3 percent limit is explicit in statute; other THC isomers are not specifically named in law.

• Impacts: Hemp Delta-9 is allowed ≤ 0.3 percent by dry weight; Delta-8 and other cannabinoids operate under the consumable hemp framework pending any further rulemaking or legislation.

• Source: DSHS consumable hemp program | Chapter 300 rules

• Rule of thumb: UDAF requires annual registration for cannabinoid products; rules govern labeling, registration and prohibit certain synthetics.

• Impacts: Delta-8, Delta-9, THCa, THC-P, HHC, HHC-P, THCh

• Source: Product Registration | Rule R68-26

• Rule of thumb: The CCB has authority to regulate hemp-derived cannabinoids including Delta-8; retail intoxicating hemp is treated within the cannabis system.

• Impacts: Delta-8, Delta-9, THCa, THC-P, HHC, HHC-P, THCh

• Source: 7 V.S.A. § 862a | 6 V.S.A. ch. 34 (hemp)

• Rule of thumb: Retail hemp products may not exceed 0.3 percent total THC and 2 mg total THC per package unless the product maintains a 25:1 CBD to THC ratio. “Total THC” includes Delta-8, Delta-9, and other isomers.

• Impacts: Most intoxicating hemp products are effectively blocked unless balanced by high CBD or sold through the cannabis channel.

• Source: VA VDACS Industrial Hemp

• Rule of thumb: Since 2023, any product with detectable THC, including hemp-derived or synthetic THC like Delta-8, may be sold only by licensed cannabis retailers.

  Impacts: Delta-8, hemp Delta-9, THCa, THCP, HHC/HHCP, THCH are not legal for unlicensed retail.

• Source: Washington LCB policy | consumer resources

• Rule of thumb: WVDA requires registration for hemp products and limits registrable cannabinoids; products and vendors must be approved.

  Impacts: Delta-8, hemp Delta-9, THCa, THC-P, HHC, HHC-P, THCh

• Source: WV Hemp Program | Allowable cannabinoids list

• Rule of thumb: DATCP oversees labeling and weights-and-measures for hemp products; the state has published guidance for CBD and hemp product labeling.

  Impacts: Delta-8, hemp Delta-9, THCa, THC-P, HHC, HHC-P, THCh

• Source: WI Hemp Resources | Hemp Flower & CBD Labeling Fact Sheet

• Rule of thumb: State hemp program authorizes production; retail products must meet general food and consumer standards.

  Impacts: Delta-8, hemp Delta-9, THCa, THC-P, HHC, HHC-P, THCh

• Source: WY Hemp Program