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Is Delta-9 THC (Hemp-Derived) Legal?

State-by-state legal guide — updated for 2026 federal changes.

What is Delta-9 THC (Hemp-Derived)?

Delta-9 THC is the primary psychoactive compound in cannabis. Hemp-derived Delta-9 refers to products made from hemp that contain less than 0.3% Delta-9 THC by dry weight — which allows for significant amounts of THC per serving in edibles and beverages (a heavy gummy can contain 5-10mg while staying under 0.3% by total weight).

Federal Status

Hemp-derived Delta-9 at or below 0.3% by dry weight remains legal under both the 2018 Farm Bill and the 2026 update, as long as total THC (including other cannabinoids) stays under 0.3%.

Delta-9 THC (Hemp-Derived) Laws by State

Legal (24 states)

ArizonaArkansasFloridaGeorgiaHawaiiIndianaKansasKentuckyLouisianaMississippiMissouriNebraskaNew HampshireNorth CarolinaOhioOklahomaPennsylvaniaSouth CarolinaSouth DakotaTennesseeTexasVirginiaWest VirginiaWyoming

Restricted (16 states)

AlabamaCaliforniaColoradoConnecticutIllinoisMaineMarylandMassachusettsMinnesotaMontanaNevadaNew JerseyNew MexicoNorth DakotaOregonUtah

Gray Area (2 states)

MichiganWisconsin

Banned (8 states)

AlaskaDelawareIdahoIowaNew YorkRhode IslandVermontWashington

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