Delta 9 THC Legal States 2025

Legal

Illegal

Unregulated

State	Delta 9 THC Legal↓	Delta 9 THC Additional Details
District of Columbia	Unregulated	Washington D.C. lacks a specific hemp law, yet hemp products, including those containing Delta-9 THC, are openly sold without explicit legal recognition of hemp sales.
Alabama	Legal	All parts and strains of Cannabis sativa, under cultivation or possession by licensed growers, must contain Delta-9 tetrahydrocannabinol (THC) concentrations of no more than 0.3% on a dry weight basis.
Arizona	Legal	Individuals can freely buy hemp-derived products with less than 0.3% THC.
Arkansas	Legal	Arkansas legalized hemp-derived products through HB1640, including Delta 8, Delta 9, and CBD. Delta 9 THC from hemp is permissible if its concentration remains at or below 0.3% on a dry weight basis.
California	Legal	The state has recently imposed strict restrictions on hemp product accessibility. Vaping is banned until a tax structure is implemented, and products containing THC isolates are prohibited. Additionally, THC concentration limits now encompass all THC types, effectively outlawing most delta-8 products.
Colorado	Legal	Delta-9 THC is permitted with conditions: less than 1.75 mg per serving, with no more than five servings per container, and a CBD to THC ratio of 15:1 or high.
Connecticut	Legal	Connecticut allows hemp Delta-9 THC products only in licensed dispensaries, except for low-potency items. SB 893 legalized industrial hemp, while SB 6699 created a 'high THC hemp product' category with strict THC limits for edibles.
Florida	Legal	Individuals can freely buy hemp-derived products with less than 0.3% THC.
Georgia	Legal	Individuals can freely buy hemp-derived products with less than 0.3% THC.
Hawaii	Legal	In Hawaii, hemp products sourced naturally are legal. However, selling CBD-infused products and beverages is prohibited, while topical CBD products are allowed. Those interested in growing hemp must obtain a USDA license.
Illinois	Legal	Since June 2020, recreational marijuana has been legal in Illinois, allowing the purchase of cannabis products, including those containing Delta 9 THC.
Indiana	Legal	A hemp product that contains more than 0.3% of Delta-9 concentrations on a dry weight basis is considered “weed,” which is currently illegal in Indiana.
Iowa	Legal	In Iowa, Delta 9 concentrations can reach 0.3% on a dry weight basis. Exceeding this limit categorizes the product as 'weed,' which is federally and locally illegal. The Iowa Hemp Act requires hemp products to contain less than 0.3% of all THC types combined, impacting Delta-8 THC products more than hemp Delta-9 products.
Kansas	Legal	In Kansas, purchasing hemp-derived products with less than 0.3% THC is permitted. However, the law also includes all THC isomers within this limit, restricting most Delta-8 THC products while allowing hemp Delta-9 THC products to remain legal.
Kentucky	Legal	Individuals can freely buy hemp-derived products with less than 0.3% THC.
Louisiana	Legal	Louisiana's House Bill 491 legally distinguishes between hemp and marijuana, legalizing hemp products, including derivatives, extracts, and isomers derived from hemp. Additionally, HB 758 introduces a category for 'adult-use consumable hemp products,' defined as those containing more than 0.5 mg of THC per package, with a dosage limit of 8 mg per serving.
Maine	Legal	Individuals can freely buy hemp-derived products with less than 0.3% THC.
Maryland	Legal	Individuals can freely buy hemp-derived products with less than 0.3% THC.
Massachusetts	Legal	While hemp Delta-9 THC may be theoretically legal, its commercial sale faces significant practical restrictions.
Michigan	Legal	Legislation HB 4517 rendered Delta-8 THC illegal by grouping all THC types together, limiting the legal THC product market primarily to hemp Delta-9 THC.
Minnesota	Legal	In Minnesota, individuals can freely purchase hemp-derived products with less than 0.3% THC. Additionally, in July 2022, the state legalized the sale of hemp-derived THC edibles containing up to 5 milligrams of delta-8 and delta-9 THC per serving, with a maximum of 50 mg per package.
Mississippi	Legal	Under House Bill 1547, adults in Mississippi can only possess hemp products with a 20:1 CBD to delta-9 ratio and are prohibited from keeping products with over 2.5mg of THC per ml. The sale of hemp Delta-9 THC products is not legally sanctioned in the state.
Missouri	Legal	Individuals can freely buy hemp-derived products with less than 0.3% THC.
Montana	Legal	The 2023 HB 948 in Montana prohibits the sale of artificially produced cannabinoids, also known as 'synthetic cannabinoids,' and imposes a 0.3% THC limit on all THC types combined. Consequently, hemp Delta-9 THC products are legal in Montana if the THC is naturally derived and the total THC content does not exceed 0.3%.
Nebraska	Legal	Individuals can freely buy hemp-derived products with less than 0.3% THC.
Nevada	Legal	Hemp Delta-9 THC is legal in Nevada if it is naturally derived and complies with the 0.3% limit for all THC types by dry weight.
New Hampshire	Legal	Individuals can freely buy hemp-derived products with less than 0.3% THC.
New Jersey	Legal	Individuals can freely buy hemp-derived products with less than 0.3% THC.
New Mexico	Legal	Individuals can freely buy hemp-derived products with less than 0.3% THC.
New York	Legal	Individuals can freely buy hemp-derived products with less than 0.3% THC, and as long as it is derived naturally.
North Carolina	Legal	Individuals can freely buy hemp-derived products with less than 0.3% THC.
North Dakota	Legal	The state's recent ban on isomerization and amended rules, which include all tetrahydrocannabinol in the 0.3% Farm Bill limit, make it exceptionally challenging for operators to sell these products compliantly.
Ohio	Legal	Individuals can freely buy hemp-derived products with less than 0.3% THC.
Oklahoma	Legal	Individuals can freely buy hemp-derived products with less than 0.3% THC.
Oregon	Legal	In Oregon, hemp products exceeding 0.5 milligrams of THC, including delta-9 and delta-8, are now labeled as 'adult-use cannabis items.' This means most hemp delta-9 products fall under the state's highly regulated cannabis program, limiting their availability outside dispensaries.
Pennsylvania	Legal	In Pennsylvania, hemp Delta-9 THC seems to be practically legal, but the exact legal status remains uncertain due to vague state laws.
Rhode Island	Legal	The law limits delta-9 THC to 5 mg per serving.
South Carolina	Legal	Individuals can freely buy hemp-derived products with less than 0.3% THC.
South Dakota	Legal	Individuals can freely buy hemp-derived products with less than 0.3% THC.
Tennessee	Legal	Individuals can freely buy hemp-derived products with less than 0.3% THC.
Texas	Legal	Individuals can freely buy hemp-derived products with less than 0.3% THC.
Utah	Legal	Under HB 227, hemp products in Utah must be naturally produced and contain no more than 5 mg of THC per serving or 150 mg per package.
Vermont	Legal	Vermont prohibits synthetic cannabinoids, potentially affecting delta-9 THC.
Virginia	Legal	Virginia's SB 903 establishes THC limits for hemp products, permitting those with no more than 2 mg of total THC per package or a CBD to THC ratio of 25:1 or higher. This poses challenges for many hemp Delta-9 THC products to meet legal standards.
Washington	Legal	With SB 5367 in 2023, the state aligns hemp with the Farm Bill's definition but treats any THC detectable product as cannabis, available only to adults 21 or older in licensed dispensaries, aligning hemp Delta-9 THC with regulated marijuana.
West Virginia	Legal	The state's 2023 legislation, SB 220, maintains the 0.3% THC limit for Delta-9 THC in hemp but explicitly bans synthetically produced cannabinoids such as Delta-8 THC.
Wisconsin	Legal	Hemp products in Wisconsin must be derived from industrial hemp grown under a state-issued license and contain no more than 0.3% delta-9 THC by dry weight. The Wisconsin Legislative Council suggests that synthetically produced Delta-8 THC is illegal, potentially extending to Delta-9 THC. However, state law does not explicitly clarify the legal status of synthetic cannabinoids, leading to ambiguity.
Wyoming	Legal	Individuals can freely buy hemp-derived products with less than 0.3% THC.
Alaska	Illegal	Alaska banned hemp Delta-9 THC on November 3rd, 2023. However, adult recreational use of marijuana is permitted. Additionally, the state classifies other THC variants like Delta-8, Delta-10, and THC-O as controlled substances.
Delaware	Illegal	Delaware's hemp law (SB 266) doesn't exempt hemp's THC from the controlled substances act, prohibiting the sale of any hemp products containing THC.
Idaho	Illegal	In Idaho, THC is prohibited in all hemp-manufactured products except hulled hemp seeds, hemp seed oil, and hemp seed protein powder. Therefore, dispensaries do not sell hemp-derived THC edibles, beverages, or smokeables.

Since the passage of the Federal 2018 Farm Bill, plants containing less than .03 percent Delta 9 THC by dry weight volume are considered industrial hemp and are no longer considered controlled substances, meaning they may be legally grown.
The legality of Delta 9 THC for recreational and/or medicinal purposes varies by state.
Delta 9 THC is legal to use in any state that has legalized recreational marijuana. Some states have included Delta 9 in their medicinal marijuana legalizations as well.

In 2024, the legal status of Delta 9 THC in the United States remains dynamic, with laws subject to frequent revision. While states like Arizona, California, and Colorado have legalized its use, among others, a significant number including Alabama, Alaska, and Arkansas maintain strict prohibition. This evolving legal landscape reflects ongoing debates over Delta 9 THC regulation, with states continually reassessing their positions. Currently, Delta 9 THC is legal in 18 states, while it is prohibited in 32 others.

Delta 9 THC Legal States 2025

Sources

Other Categories