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Cannabis and hemp laws by state

Marijuana, THCA, delta-8, delta-9, delta-10 and HHC in all 50 states, the District of Columbia and Puerto Rico. Every status shows the date we checked it and links to its sources.

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THCA

THCA flower and products are sold today as hemp because the 2018 Farm Bill measures only delta-9 THC (0.3% dry weight). Under the federal hemp redefinition, which now takes effect December 11, 2026, THCA counts toward total THC, and high-THCA flower and pre-rolls will no longer qualify as hemp.

Delta-8

Delta-8 THC products have been sold as hemp under the 2018 Farm Bill, though the DEA's position is that cannabinoids made by chemical conversion are synthetic and remain controlled. Starting December 11, 2026, the federal hemp definition excludes cannabinoids synthesized outside the plant and counts delta-8 toward the 0.4 mg total-THC per-container cap, which takes nearly all delta-8 products out of the hemp category.

Delta-9

Marijuana-derived delta-9 THC remains a Schedule I controlled substance, except for FDA-approved drug products and marijuana under a state medical license, which a DEA rule moved to Schedule III in April 2026. Hemp-derived delta-9 products are legal federally if they contain no more than 0.3% delta-9 THC by dry weight, but starting December 11, 2026 hemp products are capped at 0.4 mg total THC per container.

Delta-10

Delta-10 THC has been sold under the 2018 Farm Bill hemp definition, but it is made by chemically converting hemp cannabinoids, which the DEA treats as synthetic. Starting December 11, 2026, the federal hemp definition excludes cannabinoids synthesized outside the plant and counts THC isomers toward the 0.4 mg per-container cap.

HHC

The DEA published a final rule on May 4, 2026 giving HHC its own Schedule I listing and drug code, stating that hemp-derived HHC made by chemical conversion is synthetic and not protected by the 2018 Farm Bill. Hemp companies are challenging the rule in the Fourth and Ninth Circuits, and the federal hemp redefinition taking effect December 11, 2026 separately excludes synthesized cannabinoids from hemp.

CBD

Hemp-derived CBD is not a controlled substance under the 2018 Farm Bill, but the FDA says CBD cannot be added to food or sold as a dietary supplement because it is the active ingredient in the approved drug Epidiolex; an April 2026 FDA memo created only a narrow enforcement exception for CBD supplements provided through a Medicare program. Starting December 11, 2026, CBD products must also stay under 0.4 mg total THC per container to remain hemp.

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