Can I Buy Delta-8, THC-O, and HHC in My State?
Alabama
LEGAL
Alabama Code 2-8-381 (4) INDUSTRIAL HEMP or HEMP states the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, cultivated or possessed by a licensed grower 9; otherwise in accordance with the state’s USDA-approved regulatory plan, whether growing or not, with a Delta-9 Tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis. Industrial hemp shall be considered an agricultural crop or an agricultural commodity, or both, in all respects under state law.
Alabama Code 20-2-2 (14) MARIJUANA states all parts of the Cannabis sativa L. plant, whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. Marijuana does not include hemp as defined in Section 2-8-381.
Alabama follows suit with the Federal Farm Bill of 2018. As long as the product(s) are derived from hemp and under the THC legal limit, Delta-8, THC-O, and HHC products are legal to purchase, possess, and consume.
Alaska
ILLEGAL
Sec. 11.71.160.(f) Schedule IIIA. states “any material, compound, mixture or preparation that contains any quantity of the following substances or that contains any of its salts, isomers, whether optical, position, or geometric, or salts of isomers whenever the existence of those salts, isomers, or salts of isomers is possible within the specific chemical designation” is considered to be a Schedule IIIA substance and goes onto list tetrahydrocannabinols (THCs) as one of those substances.
While Alaska maintains a fairly friendly attitude towards marijuana, their ban on psychoactive hemp compounds such as Delta-8 is surprising but most likely follows suit with states such as Colorado and Oregon as in their eyes, these cannabinoids are commercially produced synthetically.
Arizona
ILLEGAL
Title 3 Agriculture. CH. 2, ART. 4.1 Industrial Hemp defines cannabis as marijuana as well as “Every compound, manufacture, salt, derivative, mixture or preparation of such resin, tetrahydrocannabinol (THC), or of such plants from which the resin has not been extracted” in Section 3-311.
Title 36 – Public Health and Safety, Ch. 2 Section 36-2512 states that “any material, compound, mixture or preparation that contains any quantity of the following…substances and their salts, isomers and salts of isomers, unless specifically excepted or unless listed in another schedule, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:” and goes on to list cannabis, with the exception of the synthetic isomer of Delta-9 Tetrahydrocannabinol.
All of this simply means that everything other than synthetic Delta-9 THC is illegal as they are all synthetic cannabinoids.
Arkansas
LEGAL
Arkansas House Bill 1640, Section 1. Arkansas Code Title 2, Ch. 15, Subchapter 4-24 effectively repeals the original ban on Delta-8 THC. The repealed text goes on to state “if any part of this subchapter conflicts with a provision of federal law relating to industrial hemp, the federal provision shall control to the extent of the conflict.”
Arkansas follows suit with the Federal Farm Bill of 2018. As long as the product(s) are derived from hemp and under the THC legal limit, Delta-8, THC-O, and HHC products are legal to purchase, possess, and consume.
California
LEGAL
California Industrial Hemp Law Div. 24, Title 3, Div. 4, Ch. 8-81000. Definitions.
(a) For the purposes of this division, the following terms have the following meanings:
(6) “Industrial hemp” of “Hemp” means an agricultural product, whether growing or not, that is limited to types of the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant, cannabinoids, isomers, acids, salts, and salts of isomers, with a Delta-9 Tetrahydrocannabinol (THC) concentration of no more than 0.3 percent on a dry weight basis.
Div. 10 Uniform Controlled Substances Act – Ch.1 General Provisions and Definitions 11018.5. (a) “Industrial hemp” means a crop that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of 1 percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom.
Div. 10 Uniform Controlled Substances Act – Ch.1 General Provisions and Definitions 11018.5. (b) Industrial hemp shall not be subject to the provisions of this division or of Division 10 (commending with Section 26000) of the Business and Professions Code, but instead shall by regulated by the Department of Food and Agriculture in accordance with the provisions of Division 24 (commending with Section 81000) of the Food and Agricultural Code, inclusive.
California follows suit with the Federal Farm Bill of 2018. As long as the product(s) are derived from hemp and under the THC legal limit, Delta-8, THC-O, and HHC products are legal to purchase, possess, and consume.
Colorado
ILLEGAL
Colorado Article 18 Criminal Code Uniform Controlled Substances Act of 2013 – Section 25A defines specifically synthetic ‘Tetrahydrocannabinols’ (THCs) as synthetic equivalents of the substances contained in the plant, or in the resinous extractives of cannabis, sp., or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following: (I) Cis- or trans-THC, and their optical isomers; (II) 6Cis- or trans-THC, and their optical isomers; or (III) 3,4Cis- or trans-THC, and their optical isomers.”
Colorado takes a similar approach to Arkansas and Oregon by specifically defining what is considered legal THC or otherwise. Seeing that the state already legalizes marijuana for both the medical and recreational markets, this ban on Delta-8 and THC-O likely stems from the desire for a more robust regulation of psychoactive cannabinoids as it pertains to hemp.
Connecticut
ILLEGAL
Connecticut Senate Bill 1201 states that regulatory oversight to the state’s adult-use cannabis market lies solely with the state government. Under this legislation, all forms of cannabis, both marijuana- and hemp-derived compounds containing more than 0.3 percent THC are considered marijuana. Therefore, must fall within the jurisdiction of said cannabis regulations.
SB 1201 goes on to require that only state-licensed marijuana dispensaries are allowed to sell Delta-8 products. And since state licensing applications aren’t available yet, Delta-8, THC-O, and HHC remain illegal.
Delaware
ILLEGAL
Delaware Title 16 of the Uniform Controlled Substances Act permits non-psychoactive hemp-derived products to be sold, possessed and consumed. Psychoactive compounds, both cannabis- and hemp-derived are considered to be Schedule I controlled substances. The bill goes on to state “any material, compound, combination, mixture, synthetic substitute or preparation which contains any quantity of marijuana or any tetrahydrocannabinols, their salts, isomers, or salts of isomers and is not approved for use by the Food and Drug Administration” is considered a Schedule I controlled substance.
This means Delta-8 THC, THC-O, and any THCs are illegal in the state of Delaware. HHC, while it is still considered a psychoactive cannabinoid is NOT a THC and is therefore legal.
Florida
LEGAL
Florida Senate Bill 1020. 581.217 State Hemp Program DEFINTIONS (3) defines “hemp” as being Cannabis sativa L. and any part of that plant, include the seeds thereof, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers thereof, whether growing or not, that has a total Delta-9 Tetrahydrocannabinol (THC) concentration that does not exceed 0.3 percent on a dry-weight basis.
Florida follows suit with the Federal Farm Bill of 2018. As long as the product(s) are derived from hemp and under the THC legal limit, Delta-8, THC-O, and HHC products are legal to purchase, possess, and consume.
Georgia
LEGAL
Georgia House Bill 213 2-23-3 Definitions (3) states that the ‘Federally defined THC level for hemp means a Delta-9 THC concentration of not more than 0.3 percent on a dry weight basis.
Georgia House Bill 213 2-23-3 Definitions (5) defines ‘Hemp’ as the Cannabis sativa L. plant and any part of such plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with the federally defines THC level for hemp or a lower level.
Georgia Title 16. Crimes and Offenses. Ch. 13. Controlled Substances Art. 1 General Provisions 16-13-24. Schedule I (P) defines THC is a controlled substance if one or more of the following includes, but is not limited to: (I) All synthetic or naturally produced samples containing more than 15 percent by weight of THC; and (II) All synthetic or naturally produced THC samples which do not contain plant material exhibiting the external morphological features of the plant cannabis.
Georgia follows suit with the Federal Farm Bill of 2018. As long as the product(s) are derived from hemp and under the THC legal limit, Delta-8, THC-O, and HHC products are legal to purchase, possess, and consume.
Hawaii
LEGAL
Hawaii House Bill 2689 Sec. 1-141-A defines “Industrial hemp” as Cannabis sativa L., and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9 Tetrahydrocannabinol (THC) concentration of not more than 0.3 per cent on a dry weight basis.
Hawaii House Bill 2689 Sec. 14. Sec. 329-1, Hawaii Revised Statutes (4) defines “Marijuana” as NOT including a product containing or derived from hemp, including any product containing one of more hemp-derived cannabinoids such as cannabidiol (CBD), that: (A) Does not include any living hemp plants, viable seeds, lead materials, or floral materials; and (B) Has a Delta-9 THC concentration of not more than 0.3 percent on a dry weight basis.
Hawaii follows suit with the Federal Farm Bill of 2018. As long as the product(s) are derived from hemp and under the THC legal limit, Delta-8, THC-O, and HHC products are legal to purchase, possess, and consume.
Iowa
ILLEGAL
Iowa Industrial Hemp Act Title 21, Ch. 96.1 (204) defines “Hemp” as (1) The plant Cannabis sativa L. and any part of that plant, including the seeds thereof, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis when tested using post-decarboxylation or other similarly reliable methods; and (2) A plant of the genus Cannabis other than Cannabis sativa L., with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis when tested using post-decarboxylation or other similarly reliable methods, but only to the extent allowed by the department in accordance with applicable federal law, including the federal hemp law.
It is worth noting here that Iowa does not differentiate between the THCs. Delta-9 THC and THCA, for example are considered to be “Total THC” and therefore, the entire cannabinoid profile of a finished product cannot exceed 0.3 percent TOTAL THC to retain its legality.
Iowa Code 124 – Controlled Substances (U) states that Tetrahydrocannabinols, except as otherwise provided by rules of the board for medicinal purposes, meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (Cannabis plant) as well as synthetic equivalents of the substances contained in the Cannabis plant, or in the resinous extractives of such plant, and synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant, such as the following: (1) 1Cis- or trans-THC, and their optical isomers; (2)6Cis- or trans-THC, and their optical isomers; and (3) 3,4Cis- or trans-THC, and their optical isomers.
Iowa’s stance on hemp-derived psychoactive substances is confusing to say the least. Hemp-derived Delta-9 THC is legal, but Delta-8 THC and THC-O is illegal. Why? We’re not sure. Until the state government revises their language, these products will remain illegal. Rest assured, however, HHC is fully legal in the state!
Idaho
ILLEGAL
Idaho House Bill 122, Sec. 37-2701 effectively bans all tetrahydrocannabinols (THCs), with the exception of those occurring with hemp under the federal limit of 0.3 percent on a dry weight basis.
While Idaho does state that hemp-derived THCs are exempt from the ban, most commercially produced Delta-8 THC and THC-O is manufactured synthetically, therefore falling under the ban’s jurisdiction. HHC is still legal in Idaho as the cannabinoid is NOT considered a THC.
Illinois
LEGAL
Illinois Industrial Hemp Act (505 ILCS 89/5) defines “Industrial Hemp” as Cannabis sativa L., and any part of that plant, whether growing or not, with a Delta-9 Tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis that has been cultivated under a license issued under the Act or is lawfully present in this State, and includes any intermediate or finished product made or derived from industrial hemp.
Illinois Industrial Hemp Act (505 ILCS 89/20) protects hemp products, stating that “nothing in this Act shall alter the legality of hemp or hemp products that are presently legal to possess or own.”
Illinois follows suit with the Federal Farm Bill of 2018. As long as the product(s) are derived from hemp and under the THC legal limit, Delta-8, THC-O, and HHC products are legal to purchase, possess, and consume. The state goes even further, protecting hemp’s classification as a legal and obtainable substance as long as the other regulations mandated by the federal government are honored.
Indiana
LEGAL
Indiana passed Senate Bill 516 in 2019, a piece of legislation that aligns the state’s hemp laws with the Federal 2018 Farm Bill.
Kansas
LEGAL
Kansas Senate Bill 266 Sec. 1 (4) defines “Hemp products” as all products made from industrial hemp, but not limited to, cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seed, seed meal and seed oil for consumption and certified seed for cultivation, if the seeds originate from industrial hemp varieties.
Kansas Senate Bill 266 Sec. 1 (5) defines “Industrial hemp” as all parts and varieties of the plant cannabis sativa L., cultivated or possessed by a state educational institution or the department, whether growing or not, that contain a delta-9 tetrahydrocannabinol concentration of no more than 0.3% on a dry weight basis.
Kansas follows suit with the Federal Farm Bill of 2018. As long as the product(s) are derived from hemp and under the THC legal limit, Delta-8, THC-O, and HHC products are legal to purchase, possess, and consume.
Kentucky
LEGAL
Kentucky KRS 260.850 (5) defines “Industrial hemp” as Cannabis sativa L., and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis.
Kentucky follows suit with the Federal Farm Bill of 2018. As long as the product(s) are derived from hemp and under the THC legal limit, Delta-8, THC-O, and HHC products are legal to purchase, possess, and consume.
Louisiana
LEGAL
Louisiana House Bill 491 Act 164 Part V-1462 defines “Industrial hemp” as Cannabis sativa L., and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of not more 0.3 percent on a dry weight basis.
Louisiana Revised Statutes 40:961. Part X. Uniform Controlled Dangerous Substances Law 961.1. Industrial hemp exemption states the definitions provided for in R.S. 40:961(6) and (26), the provisions of the Uniform Controlled Dangerous Substances Law shall not apply to industrial hemp or industrial hemp-derived CBD products as provided for in Parts V and VI of Chapter 10A of Title 3 of the Louisiana Revised Statutes of 1950, Act 2019, No. 164.
Louisiana Revised Statutes 40:964. Part X. Uniform Controlled Dangerous Substances Law 964. Composition of Schedules defines Tetrahydrocannabinols (THCs), including synthetic equivalents and derivatives as being a controlled substance. The exceptions include THCs derived from hemp.
Louisiana follows suit with the Federal Farm Bill of 2018. As long as the product(s) are derived from hemp and under the THC legal limit, Delta-8, THC-O, and HHC products are legal to purchase, possess, and consume.
Maine
LEGAL
Maine Title 7: Agriculture and Animals. Part 5: Plant Industry. Ch. 406-A: Hemp defines “Hemp” as Cannabis sativa L., and any part of that plant, including the seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, whether growing or not, with a delta‑9‑tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis, or as otherwise defined in federal law. “Hemp” includes agricultural commodities and products derived from hemp and topical or ingestible consumer products, including food, food additives and food products derived from hemp, which in their final forms contain a delta-9-tetrahydrocannabinol concentration of not more than 0.3% or as otherwise defined in federal law.
Maine follows suit with the Federal Farm Bill of 2018. As long as the product(s) are derived from hemp and under the THC legal limit, Delta-8, THC-O, and HHC products are legal to purchase, possess, and consume.
Maryland
LEGAL
Maryland House Bill 1123, Ch. 228 – Agriculture – Hemp Research and Production (r)(2)(vi) defines “Marijuana” to NOT include anything derived from Cannabis sativa L. with a Delta-9 Tetrahydrocannabinol (THC) concentration that does not exceed 0.3 percent on a dry weight basis.
Maryland Title 5 – Controlled Dangerous Substances, Prescriptions, and Other Substances. Sub 4 – Schedules Sec. 5-402 – Schedule I states that the following are considered Schedule I substances: (1) A material, compound, mixture, or preparation that contains any of the following hallucinogenic or hallucinogenic-like substances; (vii) marijuana; and (xii) tetrahydrocannabinol.
Maryland follows suit with the Federal Farm Bill of 2018. As long as the product(s) are derived from hemp and under the THC legal limit, Delta-8, THC-O, and HHC products are legal to purchase, possess, and consume. The state goes a few steps further in directly clarifying what to what extent is THC considered to be a Schedule I substance. Hemp-derived THC that falls under the federal legal limit is kosher.
Massachusetts
LEGAL
Massachusetts Bill H.4001, Sec. 3 states “Hemp Products” as all products with the federally defined THC level for hemp derived from, or made by, processing hemp plants or plant parts that are prepared in a form available for commercial sale, including, but not limited to cosmetics, personal care products, food intended for animal or human consumption, cloth cordage, fiber, fuel, pain, paper, particleboard, plastics, and any product containing one of more hemp-derived cannabinoids.
“Industrial Hemp”, the equivalent in all meanings to hemp, as defined in this section.
“Tetrahydrocannabinol” or “THC”, notwithstanding any other provision of the law, the THC that is found in hemp shall not be considered to be THC in qualifying as a controlled substance.
Massachusetts B H.4001, Sec 122 (a) States hemp-derived cannabinoids, are not considered controlled substances or adulterants; and (b) Products containing one or more hemp-derived cannabinoids intended for ingestion are to be considered foods, not controlled substances or adulterated products.
Massachusetts follows suit with the Federal Farm Bill of 2018. As long as the product(s) are derived from hemp and under the THC legal limit, Delta-8, THC-O, and HHC products are legal to purchase, possess, and consume.
Michigan
LEGAL
Michigan Public Health Code Act 368 of 1978 Sec. 333.7106 (2) defines “Industrial hemp” as Cannabis sativa L., and part of that plant, including the viable seeds of that plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis. Industrial hemp includes industrial hemp commodities and products and topical or ingestible animal and consumer products derived from the plant Cannabis sativa L. with a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis.
Michigan follows suit with the Federal Farm Bill of 2018. As long as the product(s) are derived from hemp and under the THC legal limit, Delta-8, THC-O, and HHC products are legal to purchase, possess, and consume.
Minnesota
LEGAL
Minnesota Industrial Hemp Development Act 18K.02 Definitions Subd. 3 defines “Industrial hemp” as Cannabis sativa L., and any part of the plant, whether growing or not, including the plant’s seeds, and all the plant’s derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
Minnesota Statutes 2019, Ch. 152, Drugs; Controlled Substances 152.02 Subd. 2. Schedule I states Marijuana, tetrahydrocannabinols (THCs), and synthetic cannabinoids, unless specifically excepted or unless listed in another schedule, is classified as a Schedule I controlled substance. Hemp does NOT fall into this category, as long as the federal legal limit of Delta-9 THC is honored.
Minnesota follows suit with the Federal Farm Bill of 2018. As long as the product(s) are derived from hemp and under the THC legal limit, Delta-8, THC-O, and HHC products are legal to purchase, possess, and consume.
Mississippi
ILLEGAL
Mississippi House Bill 1547 states that tetrahydrocannabinols (THCs) regardless of where it’s derived from, as well as the synthetic equivalents of the substances contained in the cannabis plant, or in the resinous extractives of such plant, and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant such as: (A) 1Cis- or trans-THC; (B) 6Cis- or trans-THC; or (C) 3,4Cis- or trans-THC are considered a Schedule I substance, and therefore are illegal under state law.
When the federal government passed the 2018 Farm Bill, Mississippi was the only state to NOT follow its guidance. Under state law, the Mississippi Hemp Cultivation Task Force still classifies hemp as a Schedule I controlled substance.
Missouri
LEGAL
Missouri Title 2 Department of Agriculture Div. 70 – Plant Industries Ch. 17 – Industrial Hemp 2 CSR 70-17.010 defines “Publicly marketable hemp products” as any industrial hemp product that does not include any living hemp plants, viable seeds, viable roots, viable leaf materials, or viable floral materials, and contains no material with a delta-9 THC concentration exceeding three-tenths of one percent (0.3%) on a dry weight basis.
Missouri Title XII Public Health and Welfare Ch. 195.017. Schedule I (ee) states that Tetrahydrocannabinols (THCs) naturally contained in a plant of the genus Cannabis (cannabis plant), except industrial hemp are classified as Schedule I controlled substances.
Missouri follows suit with the Federal Farm Bill of 2018. As long as the product(s) are derived from hemp and under the THC legal limit, Delta-8, THC-O, and HHC products are legal to purchase, possess, and consume.
Montana
ILLEGAL
Montana Code Title 50. Health and Safety. Ch. 32. Controlled Substances Part 2. Scheduling of Dangerous Drugs 50-32-222 states Schedule I controlled substances include anything hallucinogenic, including (ff) Tetrahydrocannabinols (THCs).
Montana is another one of those states that does not make a distinction between cannabis- or hemp-derived cannabinoids. If the cannabinoid produces a psychoactive effect, it is considered a Schedule I controlled substances, therefore making it illegal. This applies to Delta-8 THC, THC-O, and HHC products.
Nebraska
LEGAL
Legislative Bill 657 – Nebraska Hemp Farming Act, Ch. 2-503 (8), Subtitle G. Sec. 297A (1). HEMP – The term ‘hemp’ means the plant Cannabis sativa L., and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
Chapter 28 Uniform Controlled Substances Act (14)(a) defines ‘Marijuana’ as all parts of the plant of the genus cannabis, whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds; and (c) ‘Marijuana’ does not include hemp.
Nebraska follows suit with the Federal Farm Bill of 2018. As long as the product(s) are derived from hemp and under the THC legal limit, Delta-8, THC-O, and HHC products are legal to purchase, possess, and consume.
Nevada
ILLEGAL
Delta-8 THC, THC-O, HHC, and all other psychoactive cannabinoids are illegal under Nevada state law. The state passed SB49 which effectively bans psychoactive, hemp-derived cannabinoids that are commercially produced through isomerization.
New Hampshire
LEGAL
New Hampshire HB 459, Ch. 439A (IV) “Hemp products” means all products made from hemp, including cloth, cordage, fiber, food, fuel, paint, paper, construction materials, plastics, seed, seed meal, seed oil, and certified seed for cultivation.
New Hampshire HB 459, Ch. 439A (V) “Hemp” means the plant Cannabis sativa L. and any part of the plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration (THC) of not more than 0.3 percent on a dry weight basis.
New Hampshire Controlled Drug Act, 306:3 Marijuana; Hemp Exception. Amend RSA 318-B:2-c (a) (a) “Marijuana” includes the leaves, stems, flowers, and seeds of all species of the plant genus Cannabis, but shall not include the resin extracted from any part of such plant and every compound, manufacture, salt, derivative, mixture, or preparation from such resin including hashish, and further, shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks, fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination. Marijuana shall not include hemp grown, processed, marketed, or sold under RSA 439-A.
New Hampshire follows suit with the Federal Farm Bill of 2018. As long as the product(s) are derived from hemp and under the THC legal limit, Delta-8, THC-O, and HHC products are legal to purchase, possess, and consume.
New Jersey
LEGAL
New Jersey Hemp Program 2:25-1.2
“Cannabis” means a genus of flowering plants in the family Cannabaceae of which Cannabis sativa L., Cannabis indica and Cannabis ruderalis are subspecies thereof. Cannabis refers to any form of the plant in which the delta-9 tetrahydrocannabinol concentration on a dry weight basis has not yet been determined.
“Federally defined THC level for hemp” or “acceptable hemp THC level” means a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis for hemp or in a hemp product. Hemp will satisfy the standard of “federally defined THC level for hemp” or “acceptable hemp THC level” if laboratory testing confirms a result within a measurement of the uncertainty that includes the THC concentration level of 0.3 percent.
New Jersey follows suit with the Federal Farm Bill of 2018. As long as the product(s) are derived from hemp and under the THC legal limit, Delta-8, THC-O, and HHC products are legal to purchase, possess, and consume.
New Mexico
LEGAL
New Mexico Hemp Final Rule – 20.10.2 NMAC Hemp Extraction, Production, Transportation, Warehousing and Testing 20.10.2.7 Definitions
O. “Hemp” means the plant cannabis sativa L. and any part of that plant, including seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, whether growing or not, with a THC concentration of not more than three-tenths percent on a dry weight basis.
R. “Hemp extract” means oil and extracts, including cannabidiol (CBD), cannabidiolic acid (CBDA), and other identified and non-identified compounds derived from hemp.
U. “Hemp finished product” means a hemp product that is intended for retail sale and containing hemp or hemp extracts for human consumption, absorption, or inhalation that has a THC concentration of not more than three-tenths of one percent (0.30%).
New Mexico Chapter 84 30-31-6 Schedule I (E) states the
enumeration of marijuana, tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinol as Schedule I controlled substances does not apply to:
(1) hemp pursuant to rules promulgated by the board of regents of New Mexico state university on behalf of the New Mexico department of agriculture;
(2) cultivation of hemp by persons pursuant to rules promulgated by the board of regents of New Mexico state university on behalf of the New Mexico department of agriculture.
New Mexico follows suit with the Federal Farm Bill of 2018. As long as the product(s) are derived from hemp and under the THC legal limit, Delta-8, THC-O, and HHC products are legal to purchase, possess, and consume.
New York
LEGAL
New York Article 29 Growth of Hemp Sec. 505
1. “Hemp” means the plant Cannabis sativa L. and any part of such plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of a percent on a dry weight basis.
New York Article 33: Controlled Substances Title 1 Sec. 3302
The term “marihuana” shall not include:
(a) the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination;
(b) hemp, as defined in subdivision one of section five hundred five of the agriculture and markets law;
(c) cannabinoid hemp as defined in subdivision two of section thirty-three hundred ninety-eight of this chapter; or
(d) hemp extract as defined in subdivision five of section thirty-three hundred ninety-eight of this chapter.
New York follows suit with the Federal Farm Bill of 2018. As long as the product(s) are derived from hemp and under the THC legal limit, Delta-8, THC-O, and HHC products are legal to purchase, possess, and consume.
North Carolina
LEGAL
North Carolina Senate Bill 352 Sec. 90-87. Definitions.
(13c) “Hemp product” means any product within a delta-9 THC concentration of three-tenths percent (0.3%) on a dry weight basis derived from, or made by, processing hemp plants or plant parts, that are prepared in a form available for commercial sale, including, but not limited to, cosmetics, personal care products, food intended for animal or human consumption as approved by the United States Food and Drug Administration or the United States Department of Agriculture, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids, such as cannabidiol. “Hemp product” does not include smokable hemp.
(16) “Marijuana” means all parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin, but shall not include the mature stalks of such plant, fiber produced from such stalks, oil, or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. The term “marijuana” also includes smokable hemp.
North Carolina Senate Bill 352 Sec. 90-94. Schedule IV Controlled Substances.
The following controlled substances are included in this schedule:
(1) Marijuana.
(2) Tetrahydrocannabinols, except for tetrahydrocannabinols in hemp products or hemp extracts.
North Carolina follows suit with the Federal Farm Bill of 2018. As long as the product(s) are derived from hemp and under the THC legal limit, Delta-8, THC-O, and HHC products are legal to purchase, possess, and consume.
North Dakota
ILLEGAL
North Dakota House Bill 1045 Sec. 1 Amendment Sec. 4.2
“Tetrahydrocannabinol (THC)” means Delta-9 Tetrahydrocannabinol and any structural, optical, or geometric isomers of THC including:
- Delta-7 THC;
- Delta-9 THC’ and
- Delta-10 THC
While hemp-derived products, such as CBD, are legal, any form of THC, including analogs and isomers of it remain a Scheduled controlled substance. This means both Delta-8 and THC-O products are illegal; but HHC might be okay. Be sure to clarify with your legal counsel and/or the state government.
Ohio
LEGAL
Ohio Amended Substitute Senate Bill 57
(C) “Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths percent on a dry weight basis.
(27) Tetrahydrocannabinols (synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following: delta-1-cis or trans tetrahydrocannabinol, and their optical isomers; delta-6-cis or trans tetrahydrocannabinol, and their optical isomers; delta-3,4-cis or trans tetrahydrocannabinol, and its optical isomers.
Ohio follows suit with the Federal Farm Bill of 2018. As long as the product(s) are derived from hemp and under the THC legal limit, Delta-8, THC-O, and HHC products are legal to purchase, possess, and consume.
Oklahoma
LEGAL
Oklahoma Statutes, Title 2, Agriculture Sec. 2-3-402 – Oklahoma Industrial Hemp Program Definitions.
3. “Industrial hemp” means the plant Cannabis sativa L. and any part of the plant, including the seeds thereof, and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry-weight basis.
Oklahoma Statutes, Title 63, Oklahoma Public Health Code Sec. 63-2-101v2. Definitions.
23. “Marijuana” means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or resin, but shall not include:
g. any federal Food and Drug Administration-approved cannabidiol drug or substance;
h. industrial hemp, from the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis.
Oklahoma follows suit with the Federal Farm Bill of 2018. As long as the product(s) are derived from hemp and under the THC legal limit, Delta-8, THC-O, and HHC products are legal to purchase, possess, and consume.
Oregon
ILLEGAL
Effective July 1, 2022, Oregon became the first state to prohibit sales of ALL lab-produced cannabinoids. This includes Delta-8 THC, HHC, THC-O and everything else that is otherwise hemp-derived psychoactive cannabinoids.
Despite the Federal 9th Circuit Court of Appeals effectively ruling that Delta-8 THC is still a federally legal hemp product, states still have the ability to restrict access as they choose. As it stands now, it is illegal to purchase Delta-8 THC, HHC, and THC-O products in the state of Oregon.
Pennsylvania
LEGAL
Pennsylvania Senate Bill 335 Sec. 2 Definitions.
“Industrial hemp.” A plant of the genus cannabis and any part of the plant, whether growing or not, containing a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry-weight basis.
Pennsylvania Senate Bill 936 Controlled Substances Act.
“Marihuana” [consists of all forms, species and/or varieties of the genus Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin.
The term does not include:
(1) industrial hemp, as defined in 3 Pa.C.S. § 702 (relating to definitions); or
Title 3 § 702. Definitions. “Industrial hemp.” The plant Cannabis sativa L. and any part of the plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry-weight basis.
Pennsylvania follows suit with the Federal Farm Bill of 2018. As long as the product(s) are derived from hemp and under the THC legal limit, Delta-8, THC-O, and HHC products are legal to purchase, possess, and consume.
Rhode Island
ILLEGAL
Rhode Island Chapter 2-26 – Hemp Growth Act, Sec. 3. Section 21-28-1.02 of Chapter 21-28 of the General Laws entitled “Uniform Controlled Substances Act”
(30) “Marijuana” means all parts of the plant cannabis sativa L., whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, but shall not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of mature stalks, (except the resin extracted from it), fiber, oil or cake, or the sterilized seed from the plant which is incapable of germination. Marijuana shall not include “industrial hemp” or” industrial hemp products” which satisfy the requirements of chapter 2-26 of the general laws and the regulations promulgated thereunder.
While hemp and its associated products are legal in Rhode Island, the state government expressly prohibits any type of THC, including Delta-8 and THC-O.
South Carolina
LEGAL
South Carolina House Bill 3449, Title 7 U.S.C., Sec. 5940
The term “industrial hemp” means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
(9) ‘Hemp products’ means all products with the federally defined THC level for hemp derived from, or made by, processing hemp plants or hemp plant parts, that are prepared in a form available for commercial sale.
(11) ‘Marijuana’ has the same meaning as in Section 44-53-110 and does not include tetrahydrocannabinol in hemp or hemp products as defined herein.
South Carolina follows suit with the Federal Farm Bill of 2018. As long as the product(s) are derived from hemp and under the THC legal limit, Delta-8, THC-O, and HHC products are legal to purchase, possess, and consume.
South Dakota
LEGAL
South Dakota 2019 House Bill 1191, Sec. 1, SubD. (7) of Sec. 22-42-1.
(7) “Marijuana,” all parts of any plant of the genus cannabis, whether growing or not, in its natural and unaltered state, except for drying or curing and crushing or crumbling. The term includes an altered state of marijuana absorbed into the human body. The term does not include industrial hemp as defined in section 3 of this Act.
South Dakota 2019 House Bill 1191, Sec. 2, SubD. (12) of Sec. 34-20B-1.
(12) “Marijuana,” all parts of any plant of the genus cannabis, whether growing or not; the seeds thereof; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds. The term does not include industrial hemp as defined in section 3 of this Act.
South Dakota follows suit with the Federal Farm Bill of 2018. As long as the product(s) are derived from hemp and under the THC legal limit, Delta-8, THC-O, and HHC products are legal to purchase, possess, and consume.
Tennessee
LEGAL
Tennessee Senate Bill 357, 43-27-101.
(3) “Hemp” means the plant cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis.
Tennessee Senate Bill 357, 43-27-101., Sec. 1
(C) “Marijuana” also does not include hemp, as defined in § 43-27-101.
Tennessee Senate Bill 357, 43-27-101., Sec. 3
(c) This section does not categorize hemp, as defined in $ 43-27-101, as a controlled substance.
Tennessee follows suit with the Federal Farm Bill of 2018. As long as the product(s) are derived from hemp and under the THC legal limit, Delta-8, THC-O, and HHC products are legal to purchase, possess, and consume.
Texas
LEGAL
Texas Title 6, Subtitle C – Substance Abuse Regulations and Crimes, HB 1325, Sec. 481.002. Definitions.
(5) “Controlled substance” means a substance, including a drug, an adulterant, and a dilutant, listed in Schedules I through V or Penalty Group 1, 1-A, 2, 2-A, 3, or 4. The term includes the aggregate weight of any mixture, solution, or other substance containing a controlled substance. The term does not include hemp, as defined by Section 121.001, Agriculture Code, or the tetrahydrocannabinols in hemp.
Texas follows suit with the Federal Farm Bill of 2018. As long as the product(s) are derived from hemp and under the THC legal limit, Delta-8, THC-O, and HHC products are legal to purchase, possess, and consume.
Utah
ILLEGAL
Utah Controlled Substances Act, Ch. 37, Subsection 58-37-4(2)(a)(iii)
(AA) Tetrahydrocannabinols, naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the cannabis plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant.
While hemp-derived products are legal in Utah, Delta-8 THC and THC-O exist as analogs of standard, Delta-9 THC. Therefore making those products illegal in the state. HHC might be okay, but please double check that with your legal counsel and/or the state government.
Vermont
ILLEGAL
Vermont Agency of Agriculture, Food and Markets – Vermont Hemp Rules, Sec. 6.3.
The Vermont Hemp Rules explicitly ban the use of synthetic cannabinoids in the production of any hemp product or hemp-infused product.
While naturally-occurring Delta-8 is legal, most commercial manufacturing of Delta-8 THC requires isomerization, which is a process that converts Delta-8 THC from hemp-derived CBD. Isomerization is illegal.
Virginia
LEGAL
Virginia Chapter 653, Sec. 3.2-41112. Definitions.
“Industrial hemp” means any part of the plant Cannabis sativa, including seeds thereof and any derivative, extract, cannabinoid, isomer, acid, salt, or salt of an isomer, whether growing or not, with a concentration of tetrahydrocannabinol that is no greater than that allowed by federal law.
“Hemp product” means any finished product that is otherwise lawful and that contains industrial hemp, including…oil containing an industrial hemp extract, food, or food additives for human consumption.
Virginia follows suit with the Federal Farm Bill of 2018. As long as the product(s) are derived from hemp and under the THC legal limit, Delta-8, THC-O, and HHC products are legal to purchase, possess, and consume.
Washington
ILLEGAL
Washington State Liquor and Cannabis Board, Notice of Adoption of a Policy Statement.
Tetrahydrocannabinol (THC) compounds other than Delta-9 and the conversion of CBD, hemp, or both to the Delta-8 THC, Delta-9 THC, or any other cannabis compound that is not currently identified or defined in the Revised Code of Washington (RCW), the Washington Administrative Code (WAC), or both.
Similar to Colorado, Washington state bars Delta-8 THC and all other cannabinoids that are produced through isomerization. Naturally-derived Delta-8 THC is safe, but to produce commercial levels of the minor cannabinoid, this type of extraction is required. Therefore, Delta-8 THC and THC-O are illegal in the state. HHC might be okay, but please, check with your legal counsel and/or state government.
West Virginia
LEGAL
West Virginia House Bill 2694., Sec. 19-12E-3. Definitions.
(g) “Hemp” or “industrial hemp” means all parts and varieties of the plant Cannabis sativa L. and any part of the plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not with no greater than 0.3% tetrahydrocannabinol.
West Virginia follows suit with the Federal Farm Bill of 2018. As long as the product(s) are derived from hemp and under the THC legal limit, Delta-8, THC-O, and HHC products are legal to purchase, possess, and consume.
Wisconsin
LEGAL
Wisconsin Chapter 961 – Uniform Controlled Substances Act,. Sec. 961.14 (4)
(t) Tetrahydrocannabinols, commonly known as “THC”, in any form including tetrahydrocannabinols contained in marijuana, obtained from marijuana, or chemically synthesized, except that tetrahydrocannabinols do not include any of the following:
1. Tetrahydrocannabinols contained in a cannabidiol product that is dispensed as provided in s. 961.38 (1n) (a) or that is possessed as provided in s. 961.32 (2m) (b).
2. Tetrahydrocannabinols contained in fiber produced from the stalks, oil or cake made from the seeds of a Cannabis plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake or the sterilized seed of a Cannabis plant which is incapable of germination.
3. Tetrahydrocannabinols contained in hemp, as defined in s. 94.55 (1).
Wisconsin follows suit with the Federal Farm Bill of 2018. As long as the product(s) are derived from hemp and under the THC legal limit, Delta-8, THC-O, and HHC products are legal to purchase, possess, and consume.
Wyoming
LEGAL
Wyoming House Bill 0171, Ch. 51 – Hemp Production, Sec. 35-7-1063. Controlled Substances.
a) The provisions and penalties of this chapter shall not apply to:
(i) The possession or use of hemp or hemp products for any purpose or application;
(iii) Hemp production, processing or testing in accordance with the provisions of W.S. 11‑51‑101 through 11‑51‑107.
(b) As used in this section “hemp” or “hemp product” means all parts, seeds and varieties of the plant cannabis sativa l. or a product made from that plant with a trans‑delta 9‑tetrahydrocannabinol (THC) concentration of not more than three‑tenths of one percent (0.3%) on a dry weight basis.
Wisconsin follows suit with the Federal Farm Bill of 2018. As long as the product(s) are derived from hemp and under the THC legal limit, Delta-8, THC-O, and HHC products are legal to purchase, possess, and consume.