Is hemp legal in your state?

 

Is Hemp Legal In Your State?

If you are reading this blog, it’s safe to assume that you’re wondering if buying hemp is legal in your state. You are not alone: it’s one of the most common questions we are asked! 

While the 2018 Farm Bill significantly changed the federal restrictions surrounding hemp cultivation in favor of one of the world’s most miraculous plants, every state in the union still has its own individual laws and regulations regarding hemp and to what extent it is legal in each state.

To make things a little less nebulous, we’ve put together the ultimate guide of states in which hemp is legal, as long as the hemp is <0.3% Delta-9 THC compliant strain. 

Here is the list of states with links to each state’s website for further clarification (please click on the state name to read more about the laws in that state):

States <0.3% Delta-9 THC Hemp Is Allowed:

State	Hemp Definition
Alabama	“All parts and varieties of the plant Cannabis sativa, cultivated or possessed by a licensed grower, whether growing or not, that contain a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”
Arizona	“All licensees are subject to the collection of a representative sample of any Cannabis plant, hemp crop or harvested hemp in possession of the licensee or licensee’s agent to determine the total concentration of Delta-9 THC as reported by a certified laboratory to ensure compliance with this article and any state or federal law, rule or order regulating Cannabis as an agricultural commodity.”
Arkansas	"Industrial hemp" means all parts and varieties of the plant 30 Cannabis sativa, cultivated or possessed by a licensed grower, whether 31 growing or not, that contain a tetrahydrocannabinol concentration of no more 32 than that adopted by federal law in the Controlled Substances Act, 21 U.S.C. 33 § 801 et seq
California	“A percentage of content of THC that is equal to or less than three tenths of one percent (.3%).”
Colorado	“Industrial hemp means a plant of the genus Cannabis and any part of the plant, whether growing or not, containing a delta-9 tetrahydrocannabinol (THC) concentration of no more than three-tenths of one percent (0.3%) on a dry weight basis.”
Connecticut	“The plant species 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.”
Florida	“that has a total delta-9 tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry-weight basis.”
Georgia	“The acceptable hemp THC level is when the application of the measurement of uncertainty to the reported delta-9 tetrahydrocannabinol content concentration level on a dry weight basis produces a distribution or range that includes 0.3% or less.”
Hawaii	“Growing industrial hemp that when tested is shown to have a delta-9 tetrahydrocannabinol concentration greater than 0.3 per cent on a dry weight basis or a tetrahydrocannabinol concentration allowed by federal law, whichever is greater;”
Illinois	“Industrial hemp” means the plant Cannabis sativa L. and any part of that plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis that has been cultivated under a license issued under this Act or is otherwise lawfully present in this State, and includes any intermediate or finished product made or derived from industrial hemp.”
Indiana	“A license to grow hemp is required, and hemp must test below 0.3% THC. In the absence of a license, any cannabis production regardless of THC level is considered marijuana. Marijuana production is still not legal in Indiana.”
Kansas	“Industrial hemp” means all parts and varieties of the plant cannabis sativa L, whether growing or not, that contain a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis.”
Kentucky	”Industrial hemp” has the same meaning as in 7 U.S.C. sec. 5940 as it currently exists or as it may be subsequently amended;”
Louisiana	”Industrial hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds hereof 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.”
Maine	“Any variety of Cannabis sativa L. with a delta-9-tetrahydrocannabinol (THC) concentration that does not exceed 0.3% on a dry weight basis.”
Maryland	“IN THIS SUBTITLE, “INDUSTRIAL HEMP” MEANS THE PLANT CANNABIS SATIVA L. AND ANY PART OF SUCH PLANT, WHETHER GROWING OR NOT, WITH A DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION THAT DOES NOT EXCEED 0.3% ON A DRY WEIGHT BASIS.”
Massachusetts	“Lab reports demonstrating that manufactured product contains less than 0.3% total THC, has met all contaminant limitations, and any other testing requirements or standards set by local state or federal law.”
Michigan	“"Acceptable THC level" means the application of the measurement of uncertainty to the reported total delta-9-THC concentration level on a dry weight basis that produces a distribution or range that includes 0.3% or less total delta-9-THC.”
Minnesota	“hemp is the plant Cannabis sativa L., and any part of the plant, whether growing or not, including the seeds, and all its derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, containing a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis.”
Mississippi	“the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3% on a dry weight basis.”
Missouri	“This bill exempts industrial hemp, which is defined as Cannabis sativa L. containing no greater than 0.3% THC, from the definition of marijuana and the list of controlled substances.”
Montana	“Total Delta-9 THC % test results of mature flowers from mother plants.”
Nebraska	“plants grown would be required to be submitted for testing to determine whether they contain less than 0.3 percent THC.”
Nevada	““Industrial hemp” means the plant Cannabis sativa 16 L. and any part of such plant, whether growing or not, with a THC 17 concentration of not more than 0.3 percent on a dry weight basis.”
New Jersey	“By definition, industrial hemp is low (less than 0.3%) in tetrahydrocannabinol (THC)”
New Mexico	“viable plants and plant material in excess of three-tenths percent and less than five percent THC.”
New York	“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.”
North Carolina	“Use of varieties with less than 0.3 percent THC.”
North Dakota	“And that the variety is known to have delta-9 THC levels below 0.3%.”
Ohio	“Hemp must contain less than .3% THC.”
Oklahoma	“ By law, industrial hemp must have less than 0.3% THC.”
Oregon	“”Industrial Hemp” means all non-seed parts and varieties of the Cannabis [sativa] plant, whether growing or not, that contain [a cropwide] an average tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry weight basis.”
Pennsylvania	“Industrial hemp is cultivated for fiber, seed and other purposes, and federal and state law requires that the concentration of THC must be less than 0.3% in industrial hemp.”
Rhode Island	“"Industrial hemp" or "hemp" means the plant of the genus cannabis and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration that does not exceed three-tenths percent (0.3%) on a dry-weight basis of any part of the plant cannabis, or per volume or weight of marijuana product or the combined percent of delta-9 tetrahydrocannabinol and tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant cannabis regardless of the moisture content.”
South Carolina	“The law defines industrial hemp as cannabis that has no more than 0.3 percent THC.”
Tennessee	“THC means delta-9 tetrahydrocannabinol.”
Texas	“With a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”
Utah	“legal possession of hemp extract, or CBD oil, containing less than .3% tetrahydrocannabinol”
Vermont	“Industrial hemp or hemp is the Cannabis sativa L. plant including all parts of the plant, whether growing or not, with a delta-9 tetrahydrocannabinol [THC] concentration of not more than 0.3 percent on a dry weight basis.”
Virginia	“Shall have a THC concentration not more than 0.3 percent on a dry weight basis.”
Washington	“CBD use is limited to edibles, oils, tinctures, and other products derived from marijuana. THC levels in all CBD products cannot exceed 0.3% on a dry weight basis.”
West Virginia	“recognizing industrial hemp having no more than 1 percent THC as an “agricultural crop.”
Wisconsin	“If the THC concentration rises above the legal limit of 0.3 percent dry weight, the crop must be destroyed.”
Wyoming	“All license holders are subject to inspection and sampling to verify all parts of the hemp plant does not exceed the allowable three-tenths of one percent (0.300%) THC.