Is Hemp Legal In All 50 States?
In recent years, many people have become more aware of hemp. Known for its many different uses, from textiles to wellness products, hemp has created many discussions. In the middle of the discussions is the question: Is hemp legal in all 50 states?
Navigating the legality of hemp can be confusing, with federal and state regulations that sometimes contradict each other. In this blog, we dive deep into the heart of hemp legality. Join us on a journey through the legal maze as we look to simplify the answer to this question.
Understanding Hemp and Its Legal Status
Industrial Hemp, a versatile and resilient crop, has a long history throughout human history and is known for its many practical and industrial uses. Hemp is a non-intoxicating product of the cannabis sativa plant. Hemp is different from its psychoactive counterpart, marijuana, because of its low THC content. Marijuana and hemp are not the same plants.
The legal status of hemp has changed over the years because of changes in society, scientific discoveries, and new laws and legislatures. In the United States, hemp became legal with the passage of the 2018 Farm Bill.
This historic Farm Bill removed hemp from the list of controlled substances and classified it as an agricultural product. This created an opportunity to cultivate, grow, produce, and sell hemp-derived products.
However, because hemp has become federally legal, each state can create its own laws and regulations. By looking deeper, we can better understand hemp's legality.
Federal Legalization of Hemp
The 2018 Farm Bill marked an important step in the legalization of hemp. This Bill removed hemp from the list of illegal drugs, making it possible for people and businesses to grow, sell, and buy hemp products. So, Is Hemp federally legal?
Hemp is only legal on the federal level as long as the products contain less than 0.3% THC. The Farm Bill also renamed hemp an agricultural product, helping people realize its potential as a valuable crop with many uses.
This groundbreaking Bill opened doors for farmers and businesses and paved the way for the public to access hemp-derived products. These products can range from textiles and building materials to additions to wellness routines. With federal legalization, hemp has become a popular product.
State-by-State Legal Status
Navigating the legal status of hemp across the United States can be confusing, as laws differ from state to state. While the 2018 Farm Bill federally legalized hemp and its products, individual states can create their own laws for hemp cultivation, production, and sale.
So, is hemp illegal in some states? Some states have fully legalized growing hemp. These states generally have licensing programs and create supportive environments for farmers and businesses to thrive.
In contrast, other states have cautiously approached hemp legalization. These states generally have strict rules, laws, regulations, and limitations on growing, selling, and buying. Factors like climate, agricultural potential, and politics can play a part in each state's decisions on hemp legalization.
So, is hemp legal in the U.S.? Here is a more detailed list of each state and their local laws and regulations as of March 2024:
States Where Hemp Is Legal
| STATE | HEMP LEGAL STATUS | RESTRICTIONS |
| Alabama | Legal with restrictions | Hemp Extract exceeding 0.3% THC legal with medical cannabis license for specific conditions. |
| Alaska | Legal with restrictions | No food/beverages |
| Arizona | Legal with restrictions | No food/beverages |
| Arkansas | Legal with restrictions | Cannabis-derived hemp extract oil exceeding 0.3% THC legal with medical cannabis license for specific conditions. |
| California | Legal with restrictions | Hemp-derived edibles are not legal in the state, but cannabis-derived hemp edibles are; it doesn’t seem to be strictly enforced, and legislation has been proposed to remove this restriction |
| Colorado | Legal with restrictions | No baked goods |
| Connecticut | Legal with restrictions | Food/beverage establishments must be registered |
| Delaware | Legal with restrictions | Cannabis-derived hemp oil exceeding 0.3% THC legal with a medical cannabis license for specific conditions; hemp grower must be affiliated with Delaware State University |
| District of Columbia | Fully legal | None |
| Florida | Legal with restrictions | Hemp-derived oil only; labeling is regulated |
| Georgia | Legal with restrictions | Cannabis-derived hemp oil is legal with medical cannabis license for specific conditions; it must contain equal amounts of THC and CBD, and THC content cannot exceed 5% |
| Hawaii | Legal with restrictions | Hemp-derived oil only |
| Idaho | Illegal with considerations | Varieties with 0% THC content only |
| Illinois | Fully legal | None |
| Indiana | Legal with restrictions | All varieties legal so long as they do not exceed 0.3% THC |
| Iowa | Illegal with considerations | Cannabis-derived hemp oil exceeding 0.3% THC legal with medical cannabis license; list of accepted conditions is fairly restrictive |
| Kansas | Legal with restrictions | All varieties legal so long as there is no traceable THC content; medical hemp oil legal with license for specific conditions, provided the THC content doesn’t exceed 5% |
| Kentucky | Legal with restrictions | Hemp-derived hemp oil only |
| Louisiana | Legal with restrictions | Cannabis-derived hemp oil legal with medical cannabis license for specific conditions |
| Maine | Legal with restrictions | Legal only if hemp is extracted from licensed Maine hemp grower |
| Maryland | Legal with restrictions | Cannabis-derived hemp oil legal with medical cannabis license for specific conditions |
| Massachusetts | Fully legal | Oil with THC content exceeding 0.3% fully legal for adults age 21 and up and for adults 18 to 20 years old with medical cannabis license |
| Michigan | Legal with restrictions | No food/beverage |
| Minnesota | Legal with restrictions | Cannabis-derived hemp oil legal with medical cannabis license for specific conditions |
| Mississippi | Legal with restrictions | Cannabis-derived hemp oil legal with medical cannabis license; limited number of accepted conditions; must be obtained from University of Mississippi; cannot exceed 0.5% THC |
| Missouri | Legal with restrictions | Hemp oil exceeding 0.3% THC legal with medical cannabis license—no qualifying conditions |
| Montana | Legal with restrictions | No food/beverage |
| Nebraska | Legal with restrictions | Hemp-derived hemp oil only; cannabis is illegal even for medical purposes |
| Nevada | Legal with restrictions | No food/beverage; hemp sales allowed in cannabis stores only |
| New Hampshire | Legal with restrictions | Cannabis-derived hemp oil legal with medical cannabis license for specific conditions |
| New Jersey | Fully legal | None |
| New Mexico | Legal with restrictions | Cannabis-derived hemp oil legal with medical cannabis license for specific conditions |
| New York | Legal with restrictions | No food/beverage; purity testing required |
| North Carolina | Legal with restrictions | Cannabis-derived hemp oil legal with medical cannabis license; however, the program is limited to a very small subset of the population of study participants and patients suffering from specific conditions |
| North Dakota | Legal with restrictions | Cannabis-derived hemp oil legal with medical cannabis license for specific conditions |
| Ohio | Legal with restrictions | Cannabis-derived hemp oil legal with medical cannabis license for specific conditions |
| Oklahoma | Legal with restrictions | Cannabis-derived hemp oil legal with medical cannabis license; no qualifying conditions |
| Oregon | Fully legal | Label regulations coming |
| Pennsylvania | Legal with restrictions | Hemp oil exceeding 0.3% THC legal with medical cannabis license for specific conditions |
| Rhode Island | Legal with restrictions | Hemp oil exceeding 0.3% THC legal with medical cannabis license for specific conditions |
| South Carolina | Legal with restrictions | Hemp oil exceeding 0.9% THC legal with medical cannabis license; very restrictive list of qualifying conditions |
| South Dakota | Illegal with considerations | Medical and recreational cannabis products illegal; ballot measure proposed to change this ruling following a successful 2020 ballot measure that was overturned by the Supreme Court |
| Tennessee | Legal with restrictions | Hemp oil exceeding 0.9% THC legal with medical cannabis license; very restrictive list of qualifying conditions |
| Texas | Legal with restrictions | Low-THC (up to 1%) hemp oil available for patients with qualifying conditions |
| Utah | Legal with restrictions | Cannabis-derived hemp oil legal with medical cannabis license for specific conditions |
| Vermont | Legal with restrictions | No hemp with meat or dairy allowed; maple syrup subject to specific rules |
| Virginia | Fully legal | None |
| Washington | Legal with restrictions | No food/beverages |
| West Virginia | Legal with restrictions | Cannabis-derived hemp oil legal with medical cannabis license for specific conditions |
| Wisconsin | Legal with restrictions | Cannabis-derived hemp oil legal with medical cannabis license for specific conditions |
| Wyoming | Legal with restrictions | Hemp-derived hemp oil only |
Users can make informed decisions that follow local rules, laws, and regulations by looking at the legal landscape state by state. Drug Enforcement Administration (DEA) oversees the regulation of hemp in the United States.
Challenges and Considerations
One significant challenge of hemp legalization is the differences in federal and state rules and regulations. This can lead to confusion and uncertainty for farmers, businesses, and consumers. Hopefully, the chart above helps to clarify that common concern.
Additionally, the stigma with hemp's cousin, marijuana, can still be confusing to a lot of people. This can cause a lot of people to question whether hemp-derived products have high levels of THC and are considered drugs.
Hemp cannot legally have high levels of THC on a federal level. The federal limit of THC is 0.3%. Each state has different rules and laws about the THC content, so be sure to check your local laws and regulations before purchasing and using hemp products.
Many hurdles when dealing with hemp, such as licensing requirements, testing standards, and buying/selling restrictions within each state. These can create more challenges for people trying to determine the legality of hemp within their state.
Environmental concerns, such as water and pesticide usage, also warrant consideration in sustainable hemp cultivation practices. Politicians, industry stakeholders, and advocacy groups can work together to make the hemp industry more inclusive, legal, and sustainable. This will help farmers, consumers, and the environment benefit from the potential advantages of this versatile crop.
Is Hemp Legal To Grow In The U.S.?
Hemp cultivation is legal under federal law in the United States, thanks to the passage of the 2018 Farm Bill. This legislation removed hemp from the list of controlled substances, effectively legalizing its cultivation, processing, and distribution across the country.
However, farmers must follow specific regulations and requirements to grow hemp legally. These regulations include obtaining a license from their state's Department of Agriculture. Farmers also adhere to THC concentration limits (0.3% or lower) and state-specific rules regarding cultivation practices, testing, and reporting.
While hemp cultivation is legal at the federal level, individual states may have additional regulations or restrictions. Growers must, therefore, familiarize themselves with federal and state laws governing hemp production. The United States Department of Agriculture (USDA) regulates the cultivation of hemp in the country.
Sum It Up!
In conclusion, the question of whether hemp is legal in all 50 states can be confusing. While the 2018 Farm Bill legalized the growing, selling, and buying of hemp products, hemp's legal status is different from state to state.
As we've explored in this blog, figuring out hemp's legal status involves looking deeply into the regulations, licensing requirements, and market opportunities state by state.
Despite the challenges and confusing differences in the legal status, the future of hemp is looking positive. More and more people are becoming informed and aware of hemp and recognize its potential benefits for farmers, businesses, and consumers.
By promoting education, we can further the progress of hemp legalization and build a more inclusive and sustainable industry that unlocks the full potential of this versatile crop for future generations.
