Delta 9 THC Legal States 2025

Legal
Illegal
3
Unregulated
1
State
Delta 9 THC Legal
Delta 9 THC Over 0.3% Legal
Delta 9 THC Additional Details
District of Columbia Flag
District of ColumbiaUnregulated 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 Flag
AlabamaLegal 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 Flag
ArizonaLegal Individuals can freely buy hemp-derived products with less than 0.3% THC.
Arkansas Flag
ArkansasLegal 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 Flag
CaliforniaLegal 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 Flag
ColoradoLegal 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 Flag
ConnecticutLegal 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 Flag
FloridaLegal Individuals can freely buy hemp-derived products with less than 0.3% THC.
Georgia Flag
GeorgiaLegal Individuals can freely buy hemp-derived products with less than 0.3% THC.
Hawaii Flag
HawaiiLegal 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 Flag
IllinoisLegal Since June 2020, recreational marijuana has been legal in Illinois, allowing the purchase of cannabis products, including those containing Delta 9 THC.
Indiana Flag
IndianaLegal 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 Flag
IowaLegal 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 Flag
KansasLegal 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 Flag
KentuckyLegal Individuals can freely buy hemp-derived products with less than 0.3% THC.
Louisiana Flag
LouisianaLegal 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 Flag
MaineLegal Individuals can freely buy hemp-derived products with less than 0.3% THC.
Maryland Flag
MarylandLegal Individuals can freely buy hemp-derived products with less than 0.3% THC.
Massachusetts Flag
MassachusettsLegal While hemp Delta-9 THC may be theoretically legal, its commercial sale faces significant practical restrictions.
Michigan Flag
MichiganLegal 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 Flag
MinnesotaLegal 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 Flag
MississippiLegal 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 Flag
MissouriLegal Individuals can freely buy hemp-derived products with less than 0.3% THC.
Montana Flag
MontanaLegal 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 Flag
NebraskaLegal Individuals can freely buy hemp-derived products with less than 0.3% THC.
Nevada Flag
NevadaLegal 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 Flag
New HampshireLegal Individuals can freely buy hemp-derived products with less than 0.3% THC.
New Jersey Flag
New JerseyLegal Individuals can freely buy hemp-derived products with less than 0.3% THC.
New Mexico Flag
New MexicoLegal Individuals can freely buy hemp-derived products with less than 0.3% THC.
New York Flag
New YorkLegal Individuals can freely buy hemp-derived products with less than 0.3% THC, and as long as it is derived naturally.
North Carolina Flag
North CarolinaLegal Individuals can freely buy hemp-derived products with less than 0.3% THC.
North Dakota Flag
North DakotaLegal 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 Flag
OhioLegal Individuals can freely buy hemp-derived products with less than 0.3% THC.
Oklahoma Flag
OklahomaLegal Individuals can freely buy hemp-derived products with less than 0.3% THC.
Oregon Flag
OregonLegal 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 Flag
PennsylvaniaLegal 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 Flag
Rhode IslandLegal The law limits delta-9 THC to 5 mg per serving.
South Carolina Flag
South CarolinaLegal Individuals can freely buy hemp-derived products with less than 0.3% THC.
South Dakota Flag
South DakotaLegal Individuals can freely buy hemp-derived products with less than 0.3% THC.
Tennessee Flag
TennesseeLegal Individuals can freely buy hemp-derived products with less than 0.3% THC.
Texas Flag
TexasLegal Individuals can freely buy hemp-derived products with less than 0.3% THC.
Utah Flag
UtahLegal 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 Flag
VermontLegal Vermont prohibits synthetic cannabinoids, potentially affecting delta-9 THC.
Virginia Flag
VirginiaLegal 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 Flag
WashingtonLegal 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 Flag
West VirginiaLegal 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 Flag
WisconsinLegal 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 Flag
WyomingLegal Individuals can freely buy hemp-derived products with less than 0.3% THC.
Alaska Flag
AlaskaIllegal 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 Flag
DelawareIllegal 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 Flag
IdahoIllegal 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.