Updated for 2026 · all 50 states

Cannabis & hemp laws, by state.

Is THCA legal where you live? Delta-8? Recreational marijuana? Get a clear, current answer for every state — plus the weekly brief operators read to stay ahead of new rules and enforcement.

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Interactive United States map of hemp THC and marijuana legality

Legal Restricted Illegal Pending Decriminalized No data RRec. legal MMedical legal

Hemp/THC · worst-case across compounds

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State

Recreational

Medical

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Alabama
Seeds — Sale:
Illegal
Possession:
Illegal
Restricted
Illegal
Illegal
Viable marijuana seeds are contraband in Alabama; only licensed hemp growers may plant hemp seed.
Alaska
Seeds — Sale:
Legal
Possession:
Legal
Legal
Legal
Legal
Adults 21+ may buy, possess, and gift marijuana seeds; home grow of 6 plants is legal under AS 17.38.
Arizona
Seeds — Sale:
Legal
Possession:
Legal
Legal
Legal
Legal
Prop 207 lets Arizona adults acquire, possess, and gift seeds and grow 6 plants; dispensary seed sales lawful.
Arkansas
Seeds — Sale:
Illegal
Possession:
Illegal
Restricted
Illegal
Illegal
Medical-only Arkansas bans home grow; viable marijuana seeds are contraband outside licensed cultivators.
California
Seeds — Sale:
Legal
Possession:
Legal
Legal
Legal
Legal
California adults may buy seeds from licensed retailers/nurseries, possess them freely, and gift up to 28.5 g.
Colorado
Seeds — Sale:
Legal
Possession:
Legal
Legal
Legal
Legal
Colorado retail stores sell seeds; Amendment 64 protects adult possession, 6-plant home grow, and gifting.
Connecticut
Seeds — Sale:
Restricted
Possession:
Legal
Legal
Legal
Legal
CT adults may possess seeds and grow 6 plants; retail seed channels are narrow and sale-linked gifting is banned.
Delaware
Seeds — Sale:
Illegal
Possession:
Restricted
Restricted
Restricted
Restricted
Delaware legalized marijuana but bans home grow; seeds may be shared within 1 oz yet cannot be sold or grown.
Florida
Seeds — Sale:
Restricted
Possession:
Restricted
Restricted
Legal
Legal
Ungerminated seeds ≤0.3% THC are 'hemp' in Florida and lawful to hold, but germinating one is a felony.
Georgia
Seeds — Sale:
Illegal
Possession:
Illegal
Restricted
Illegal
Illegal
Viable marijuana seeds are contraband in GA; only sterilized seed is exempt. Hemp seed requires a GDA license.
Hawaii
Seeds — Sale:
Illegal
Possession:
Restricted
Restricted
Restricted
Illegal
Medical patients may grow 10 plants but HI provides no legal seed source; adult-use bills failed again in 2026.
Idaho
Seeds — Sale:
Illegal
Possession:
Illegal
Restricted
Illegal
Illegal
Idaho bans all viable cannabis seed outside its licensed hemp program; unlicensed material is presumed marijuana.
Illinois
Seeds — Sale:
Restricted
Possession:
Restricted
Restricted
Restricted
Illegal
Only registered medical patients may buy seeds, and only from licensed IL dispensaries; gifting seeds is barred.
Indiana
Seeds — Sale:
Illegal
Possession:
Illegal
Restricted
Illegal
Illegal
Viable marijuana seeds are marijuana under IC 35-48-1-19; hemp seed sales need OISC and seedsman licensing.
Iowa
Seeds — Sale:
Illegal
Possession:
Illegal
Restricted
Illegal
Illegal
Iowa treats viable cannabis seed as marijuana; hemp seed is legal only when planted at an IDALS-licensed crop site.
Kansas
Seeds — Sale:
Illegal
Possession:
Illegal
Restricted
Illegal
Illegal
KS has no medical or adult-use program; viable seeds are marijuana, and hemp seed requires a KDA license.
Kentucky
Seeds — Sale:
Illegal
Possession:
Illegal
Restricted
Illegal
Illegal
KY's medical program (live since 2025) bans home grow; unlicensed viable seed — hemp or marijuana — is penalized as marijuana.
Louisiana
Seeds — Sale:
Illegal
Possession:
Illegal
Restricted
Illegal
Illegal
Seeds are marijuana under LA law; possession under 14 g is decriminalized ($100 fine) but never lawful. No home grow.
Maine
Seeds — Sale:
Legal
Possession:
Legal
Restricted
Legal
Legal
Adults 21+ may buy seeds at licensed ME stores, grow at home, and gift up to 6 immature plants or seedlings.
Maryland
Seeds — Sale:
Restricted
Possession:
Legal
Legal
Legal
Legal
Dispensaries may sell up to 6 seeds per customer; adults may possess, share, and grow 2 plants per household.
Massachusetts
Seeds — Sale:
Legal
Possession:
Legal
Legal
Legal
Legal
April 2026 reform excluded seeds from the 'marijuana' definition, clearing the way for open seed sales.
Michigan
Seeds — Sale:
Restricted
Possession:
Legal
Restricted
Legal
Legal
Seeds are 'marihuana' under MRTMA: adults may buy, possess, grow, and gift them; only CRA licensees may sell.
Minnesota
Seeds — Sale:
Legal
Possession:
Legal
Legal
Legal
Legal
Uniquely open: cannabis seed may be sold outside dispensaries under the MN Seed Law; adults grow 8 plants at home.
Mississippi
Seeds — Sale:
Illegal
Possession:
Illegal
Legal
Illegal
Illegal
Medical-only with no home grow: viable seeds are contraband; only sterilized seed is exempt from the marijuana definition.
Missouri
Seeds — Sale:
Restricted
Possession:
Legal
Legal
Legal
Legal
Dispensaries are constitutionally authorized to sell seeds and clones; $100 cultivation card allows 6 flowering plants.
Montana
Seeds — Sale:
Restricted
Possession:
Legal
Legal
Legal
Legal
Licensed dispensaries sell seeds and seedlings; adults may gift within 1 oz and grow 2 mature plants plus 2 seedlings.
Nebraska
Seeds — Sale:
Illegal
Possession:
Illegal
Legal
Illegal
Illegal
Medical program allows no home grow or seed sales; viable seeds are marijuana — ≤1 oz possession is a $300 infraction.
Nevada
Seeds — Sale:
Restricted
Possession:
Legal
Legal
Legal
Legal
Licensed stores sell seeds and SB 168 (2025) opened licensee seed commerce, but the 25-mile rule limits home grow.
New Hampshire
Seeds — Sale:
Illegal
Possession:
Illegal
Legal
Illegal
Illegal
Medical-only with no home grow; viable seeds remain 'marijuana' under RSA 318-B after home-grow bills died in the Senate.
New Jersey
Seeds — Sale:
Illegal
Possession:
Restricted
Legal
Restricted
Restricted
Adult-use legal but home grow remains a crime in 2026; no licensed seed sales, seeds sit in a hemp-law gray zone.
New Mexico
Seeds — Sale:
Legal
Possession:
Legal
Legal
Legal
Legal
Adults 21+ may buy seeds from licensed retailers and grow 6 mature plants (12/household) under the Cannabis Regulation Act.
New York
Seeds — Sale:
Legal
Possession:
Legal
Legal
Legal
Legal
Home grow now legal for adults 21+ (3 mature/3 immature); seeds sold via licensed dispensaries under OCM rules.
North Carolina
Seeds — Sale:
Illegal
Possession:
Illegal
Legal
Illegal
Illegal
Marijuana fully illegal; viable seeds are 'marijuana' under G.S. 90-87 (only sterilized seed is excluded). Hemp seed lawful.
North Dakota
Seeds — Sale:
Illegal
Possession:
Illegal
Legal
Illegal
Illegal
No adult-use; medical program bans home grow, so viable marijuana seeds remain contraband under N.D.C.C. 19-03.1.
Ohio
Seeds — Sale:
Legal
Possession:
Legal
Legal
Legal
Legal
Adults 21+ may possess, gift, and buy seeds for home grow (6 plants/12 per household); dispensaries may sell but few do.
Oklahoma
Seeds — Sale:
Restricted
Possession:
Restricted
Legal
Restricted
Illegal
Medical-only: licensed patients may buy seeds from dispensaries and grow 6 mature plants; no adult-use or gifting right.
Oregon
Seeds — Sale:
Legal
Possession:
Legal
Legal
Legal
Legal
Mature market: adults buy up to 10 seeds per day at OLCC retailers, grow 4 plants per household, and may gift seeds.
Pennsylvania
Seeds — Sale:
Illegal
Possession:
Illegal
Legal
Illegal
Illegal
Medical-only with no home grow; viable seeds are 'marihuana' under 35 P.S. 780-102, so seed commerce remains criminal.
Rhode Island
Seeds — Sale:
Legal
Possession:
Legal
Legal
Legal
Legal
Cannabis Act allows adults 21+ to buy seeds, grow 3 mature/3 immature plants, and gift up to 1 oz without payment.
South Carolina
Seeds — Sale:
Illegal
Possession:
Illegal
Restricted
Illegal
Illegal
No medical or adult-use program; viable cannabis seeds are marijuana under SC law — only licensed hemp farming allowed.
South Dakota
Seeds — Sale:
Restricted
Possession:
Restricted
Restricted
Restricted
Restricted
Medical cardholders with home-cultivation registration may grow; seeds flow through licensed channels; rec use illegal.
Tennessee
Seeds — Sale:
Illegal
Possession:
Illegal
Restricted
Illegal
Illegal
All marijuana incl. viable seeds illegal; hemp growing needs TDA license; product rules moved to TABC July 1, 2026.
Texas
Seeds — Sale:
Illegal
Possession:
Illegal
Restricted
Illegal
Illegal
Viable marijuana seeds treated as marihuana; only TDA-licensed hemp cultivation lawful despite a hemp-seed gray zone.
Utah
Seeds — Sale:
Illegal
Possession:
Illegal
Restricted
Illegal
Illegal
Medical-only state with zero home cultivation; viable marijuana seeds have no lawful use; hemp growers license via USDA.
Vermont
Seeds — Sale:
Legal
Possession:
Legal
Legal
Legal
Legal
Adult-use state with legal home grow; licensed cultivators and propagation licensees may sell seeds; adult gifting legal.
Virginia
Seeds — Sale:
Illegal
Possession:
Restricted
Restricted
Restricted
Legal
Home grow of 4 plants and adult sharing are legal, but seed sales stay unlicensed and illegal until retail opens in 2027.
Washington
Seeds — Sale:
Restricted
Possession:
Restricted
Restricted
Restricted
Illegal
Adult-use state but non-medical home grow is still a felony (SB 6204 died in 2026); seeds limited to licensees/patients.
West Virginia
Seeds — Sale:
Illegal
Possession:
Illegal
Restricted
Illegal
Illegal
Medical-only program with no home cultivation; viable marijuana seeds are contraband; WVDA licenses hemp growers.
Wisconsin
Seeds — Sale:
Illegal
Possession:
Illegal
Restricted
Illegal
Illegal
No medical or adult-use program; viable marijuana seeds illegal to sell, gift, or grow; hemp licensed federally via USDA.
Wyoming
Seeds — Sale:
Illegal
Possession:
Illegal
Restricted
Illegal
Illegal
Full prohibition state; viable marijuana seeds illegal; hemp cultivation only under a Wyoming Dept. of Agriculture license.