Are THC Gummies Legal?

Yes, THC gummies are legal if they are hemp-derived and contain less than 0.3% THC by dry weight under the 2018 Farm Bill, but marijuana-derived THC gummies remain federally illegal. However, some states still ban hemp-derived THC gummies despite their federal legality, so legal gray area exists state by state.

In this article, we will explore the legal status of THC gummies in different states, highlighting where both hemp-derived and marijuana-derived gummies are legal. 

Key Takeaways

• THC gummies derived from hemp are federally legal if they contain less than 0.3% Delta-9 THC, but state laws may vary significantly.

• Users must differentiate between hemp-derived and marijuana-derived THC gummies, as their legal status and THC content can differ greatly based on state regulations.

• Marijuana-derived THC gummies are recreationally legal in some states and medically legal in others. If they are recreationally legal in a state, then they are also medically legal. 

• Even though hemp-derived THC gummies are deemed illegal in some states, brands still sell to those states under the federal protection of the 2018 Farm Bill. 

Federal Law on THC Gummies

The reason you are now finding THC gummies for sale online is primarily due to the 2018 Farm Bill, which legalized hemp production across the United States.

This pivotal legislation removed hemp (defined as cannabis plants containing less than 0.3% Delta-9 THC by dry weight) from the Controlled Substances Act.

As a result, hemp-derived THC gummies are federally legal, provided they adhere to this THC content limit.

An important distinction to discuss is that not all THC gummies are created equal.

Some THC gummies are hemp-derived, thus federally legal, while others are marijuana-derived, which are federally illegal and are only allowed in certain states where marijuana is recreationally or medically legal. 

We'll discuss this in detail below. 

Hemp-Derived vs. Marijuana-Derived THC Gummies

Understanding the difference between hemp-derived and marijuana-derived THC gummies is crucial for legal compliance. Hemp-derived THC gummies are legal at the federal level. They must contain less than 0.3% Delta-9 THC by dry weight to comply with regulations.

This limit is strictly regulated to ensure that hemp products do not produce significant psychoactive effects, although, a loophole exists in the wording of the law that was made: 

"By dry weight," has been interpreted by legal teams of hemp brands to refer to the finished goods, or the final product. The law was originally intended to be written to address the THC content in the actual plant, or raw materials, from a farming perspective. But with this interpretation, THC allowance extends to the composition of the finished product, and the final amount of THC will indeed get you 'high'. 

Boom. Voila. You have psychoactive THC gummies all over the internet. 

To put this into perspective, we'll break it down into easy formulas for you to understand. 

Example 1: If a gummy weighs 5g = 5000mg and is 100% dry weight, then the product can legally contain up to 15mg of D9 THC.

Equation: 5000 x 1.00 (dry weight) x .003 (.3% Farm Bill Allowance) = 15mg D9 THC

Example 2: If a gummy weighs 4g = 4000mg, and has 10% water content, then the product can legally contain up to 10.8mg of D9 THC. 

Equation: 4000 x .9 (1-.1 moisture) x .003 (.3% Farm Bill Allowance) = 10.8mg of D9 THC.

On the other hand, THC gummies made from marijuana are subject to varying state laws and can contain much higher levels of THC, since they don't need to abide by the 2018 Farm Bill as long as the producers have state licenses in place.

These products are only legal in states that have legalized marijuana for recreational or medical use. 

Are THC Gummies from Hemp the Same as Marijuana?

Yes, Delta-9 THC found in hemp and marijuana is chemically identical. There are many cannabis purists out there who prefer marijuana over hemp, and while smoking the actual flower will be a much different experience with each plant, the distilled or isolated raw oils will be exactly the same. 

That being said, "THC gummies" is a category, or umbrella term, that can refer to a bunch of different types of THC gummies. We'll discuss those briefly before jumping into the legality of both hemp-derived and marijuana-derived delta-9 THC gummies for each state. 

Different Types of THC Gummies

As stated, "THC gummies" is an all-encompassing term that can mean hemp-derived, marijuana-derived and/or different variations of THC-cannabinoids found in cannabis. These cannabinoid variations each have distinct chemical structures and effects, as well as legal statuses.

We hate to add in another layer of complication, but exploring the different types of THC gummies is vitally important when addressing legal matters. 

1. Delta-9 THC Gummies

• Hemp-Derived Delta-9: Legal federally under the 2018 Farm Bill if the THC content is below 0.3% by dry weight. However, some states still ban hemp-derived delta-9 THC gummies.
• Marijuana-Derived Delta-9: Federally illegal, but legal in states where recreational or medical marijuana is legalized.

2. Delta-8 THC Gummies

• Hemp-Derived Delta-8: Legal federally under the 2018 Farm Bill, but some states have banned Delta-8 products due to their psychoactive effects.
• Marijuana-Derived Delta-8: Federally illegal, but legal in states where recreational or medical marijuana is legal.

3. Delta-10 THC Gummies

• Hemp-Derived Delta-10: Legal federally under the 2018 Farm Bill, but like Delta-8, some states have banned Delta-10 products.
• Marijuana-Derived Delta-10: Federally illegal, but legal in states with recreational or medical marijuana laws.

4. THC-O Gummies

• Hemp-Derived THC-O: Legal federally under the 2018 Farm Bill, though some states have restricted or banned THC-O due to its potency.
• Marijuana-Derived THC-O: Federally illegal, but legal in states with marijuana legalization for recreational or medical use.

5. THC-P Gummies

• Hemp-Derived THC-P: Legal under the 2018 Farm Bill federally, but several states are beginning to regulate or ban THC-P due to its high potency.
• Marijuana-Derived THC-P: Federally illegal, but legal in states with recreational or medical marijuana laws.

6. HHC (Hexahydrocannabinol) Gummies

• Hemp-Derived HHC: Legal federally, but some states have started banning or restricting HHC due to its psychoactive effects.
• Marijuana-Derived HHC: Federally illegal, but legal in states with recreational or medical marijuana laws.

7. THCV Gummies

• Hemp-Derived THCV: Legal federally under the 2018 Farm Bill, though some states may regulate or restrict its sale.
• Marijuana-Derived THCV: Federally illegal, but legal in states where marijuana is legal for recreational or medical use.

For simplicity sake, we are going to focus on hemp-derived and marijuana-derived delta-9 gummies. These are the most popular, are distributed the most and are what most users are searching for when they ask "are THC gummies legal?"

State Laws on THC Gummies

The legality of THC gummies varies significantly across different states, often creating a patchwork of regulations that can be challenging and frustrating to navigate.

Don't worry, we simplified things for you. 

While federal law permits hemp-derived THC gummies containing less than 0.3% Delta-9 THC, state laws have imposed additional restrictions or allowances.

This means that the legal status of THC gummies can depend heavily on where you live.

Some states have stringent regulations that restrict THC gummies, especially those derived from marijuana.

In contrast, other states have more lenient laws, allowing both hemp-derived and marijuana-derived THC gummies.

Understanding these state-specific regulations is essential for anyone looking to purchase THC edibles legally.

Medical Marijuana States

In states where medical marijuana is legal, THC gummies are often available for patients with qualifying medical conditions.

California was the first state to legalize medical marijuana. This historic decision occurred in 1996.

These states typically have regulations that allow the sale of THC edibles to patients who have a medical marijuana card, enabling them to purchase THC edibles to treat various medical conditions.

Medical marijuana states often have specific guidelines on the production, sale, and consumption of THC gummies to ensure patient safety.

These guidelines may include limits on THC content, packaging requirements, and testing for contaminants. This regulatory framework aims to provide patients with safe and effective medical cannabis products for medical use.

Currently, 40 states and Washington D.C. have legalized marijuana for medical use only.

Recreational Marijuana States

In states where recreational marijuana use is permitted, THC gummies are generally legal for adults over the age of 21.

States like Colorado and California have established robust regulatory systems that oversee the production and sale of recreational cannabis, including THC edibles. These regulations ensure that consumers have access to safe, high-quality products.

Recreational marijuana states often have fewer restrictions compared to medical marijuana states, allowing for higher THC content and broader availability. 

To note, if a state has allowed recreational marijuana, they also allow medical marijuana. Medical is the first domino to fall. This makes things easier to remember. There is no state that allows recreational use, but does not allow medical use. 

Understanding the laws in these states helps users navigate the legal landscape and make informed purchasing decisions.

Currently, 24 states and Washington D.C. have legalized marijuana for both recreational and medical use.

THC Gummies Legality By State

Here is an alphabetical list to provide you with the legal status of both marijuana-derived and hemp-derived delta 9 THC gummies by state: 

1. Alabama

• Marijuana-Derived THC Gummies:
  • Medical Use: Legal
  • Recreational Use: Illegal
• Hemp-Derived THC Gummies: Legal
• Details: Alabama has a much stricter and detailed medical marijuana program. The state legislature passed a bill called SB 66 which was signed into law by Governor Kay Ivey on May 17, 2021. The qualifying medication conditions include: cancer, epilepsy, chronic pain, multiple sclerosis (MS), depression, terminal illness and some others. Also, for marijuana, capsules and tinctures are allowed but not gummies and edibles. Alabama differs from most other states in that they stamped specific conditions around the sale of THC.

2. Alaska

• Marijuana-Derived THC Gummies:
  • Medical Use: Legal
  • Recreational Use: Legal
• Hemp-Derived THC Gummies: Legal
• Details: On November 3rd, 2023, a group of Alaska hemp growers and manufacturers filed a lawsuit against the state. This lawsuit was filed against Lt. Gov. Nancy Dahlstrom to challenge the new hemp regulations that were imposed to regulate intoxicating hemp products. Hemp-derived THC gummies are still able to be ordered and shipped, as they remain federally legal. 

3. Arizona

• Marijuana-Derived THC Gummies:
  • Medical Use: Legal
  • Recreational Use: Legal
• Hemp-Derived THC Gummies: Legal
• Details: The marijuana industry has attempted to attack the hemp industry in Arizona, in efforts to fully ban hemp in the state. The Hemp Industry Trade Association of Arizona defeated these anti-hemp bills, and hemp-derived THC products are still available for purchase in the state. 

4. Arkansas

• Marijuana-Derived THC Gummies:
  • Medical Use: Legal
  • Recreational Use: Illegal
• Hemp-Derived THC Gummies: Legal
• Details: Arkansas officials attempted to pass SB 358, which was a bill to allow state enforcement of hemp products and also to prohibit delta-8 THC and similar THC variations listed above in this article. The state attempted to place a permitting process on hemp-derived products. The Arkansas officials filed an appeal to the Eight Circuit, but in the meantime customers can still purchase hemp-derived THC products online. 

5. California

• Marijuana-Derived THC Gummies:
  • Medical Use: Legal
  • Recreational Use: Legal
• Hemp-Derived THC Gummies: Legal
• Details: In August 2024, Governor Gavin Newsom pushed to pass a bill called AB2223, which limits THC to 1mg/THC per package and .25mg/THC per serving. This would obviously go against federal regulation of 0.3% THC by dry weight in the final product. This bill was an existential threat to the hemp industry, but the California Senate Appropriations Committee refused to approve it. This was a huge win in California, continuing the allowance of hemp-derived THC products for sale. That being said, in September 2024 Newsom's California Department of Public Health issued emergency regulations in attempt to ban 90-95% of hemp products. This undermines federal law and is unlikely to fully pass. 

6. Colorado

• Marijuana-Derived THC Gummies:
  • Medical Use: Legal
  • Recreational Use: Legal
• Hemp-Derived THC Gummies: Legal
• Details: In May 2023, SB 23-217 was motioned into law in attempts to place regulation around intoxicating hemp products and battle the prohibitionists and marijuana monopolists. The bill attempted to limit hemp products to 1.75 mg of THC per serving, and products were to have a CBD-to-THC ratio of at least 15:1. The bill is in the Governor's hands for action, but currently hemp-derived THC products are allowed to be sold in Colorado. 

7. Connecticut

• Marijuana-Derived THC Gummies:
  • Medical Use: Legal
  • Recreational Use: Legal
• Hemp-Derived THC Gummies: Legal
• Details: In May 2024, bills HB 5150 and SB 200 were signed into law. The bills limit hemp-derived products to 1mg THC per serving and 5mg THC per container, with exceptions for infused beverages. A third bill, HB 5235, may also be enacted soon which aims to treat synthetic cannabinoids as schedule I controlled substances. While the state takes this position, many brands continue to sell in the state under the premise that hemp-derived THC is legal per the 2018 Farm Bill. 

8. Delaware

• Marijuana-Derived THC Gummies:
  • Medical Use: Legal
  • Recreational Use: Legal
• Hemp-Derived THC Gummies: Legal
• Details: In May 2023, HB 1 was enacted into law. The bill primarily relates to personal marijuana use and also amends the definition of marijuana to exclude hemp. This bill backs the stance of the 2018 Farm Bill and further stamps the allowance of hemp-derived THC edibles to be sold in Delaware. 

9. Florida

• Marijuana-Derived THC Gummies:
  • Medical Use: Legal
  • Recreational Use: Illegal
• Hemp-Derived THC Gummies: Legal
• Details: In June 2024, Governor Ron DeSantis vetoed bill SB 1698, which was an anti-hemp bill that attempted to ban delta-8 THC and set limits for all THC gummies to 5mg per serving and 50mg per package. This was a huge win for the hemp industry as THC gummies are still able to be shipped and sold in Florida. 

10. Georgia

• Marijuana-Derived THC Gummies:
  • Medical Use: Legal (low THC oil only)
  • Recreational Use: Illegal
• Hemp-Derived THC Gummies: Legal
• Details: SB 494 was signed into law by the governor in June 2024. This bill does not contain per serving or per package THC caps, and re-establishes the .3% THC threshold by dry weight set forth by the 2018 Farm Bill. There were also packaging and labeling requirements put in place, such as limiting purchasing to customers 21 and older. The being said, recent legislation is pushing against SB 494, attempting to keep THC gummies out of liquor stores and pushing to set random restrictions on their sale. 

11. Hawaii

• Marijuana-Derived THC Gummies:
  • Medical Use: Legal
  • Recreational Use: Illegal
• Hemp-Derived THC Gummies: Legal
• Details: In March of 2024, Hawaii included beverages and edibles (including THC gummies) in a previous law's definition for "manufactured hemp product". These companion bills, HB 2449 & SB 3138, are a positive move in the right direction for backing the federal legislation in making hemp-derived THC gummies fully legal. 

12. Idaho

• Marijuana-Derived THC Gummies:
  • Medical Use: Illegal
  • Recreational Use: Illegal
• Hemp-Derived THC Gummies: Illegal
• Details: Idaho takes the most aggressive stance against THC gummies (both hemp and marijuana). The state has a Uniform Controlled Substances Act which bans any hemp products unless they contain absolutely no "quantity" or trace of THC. That being said, many hemp brands still sell to the state with the reasoning being that THC gummies are federally legal. This makes it confusing for customers who want to benefit from the sale of these products, but from a state perspective, they are outlawed. 

13. Illinois

• Marijuana-Derived THC Gummies:
  • Medical Use: Legal
  • Recreational Use: Legal
• Hemp-Derived THC Gummies: Legal
• Details: In May 2024, a vote took place to pass the bill HB 4293. This bill was set forth to ban virtually all hemp products form retail markets. The House failed to pass the Senate's proposal, so the bill was killed. This was a very positive and progressive move for the hemp industry. 

14. Indiana

• Marijuana-Derived THC Gummies:
  • Medical Use: Illegal
  • Recreational Use: Illegal
• Hemp-Derived THC Gummies: Legal
• Details: HB 1079 is the latest version of a hemp bill that is being considered by Indiana lawmakers. The bill aims to regulate the sale of hemp-derived THC gummies to persons 21 years or above. It also states that a food item is not considered adulterated due to containing THC hemp extract. If you live in Indiana and you're looking to purchase THC gummies, your best bet is buying hemp-derived as both use cases for marijuana-derived gummies are illegal. 

15. Iowa

• Marijuana-Derived THC Gummies:
  • Medical Use: Legal (CBD only, very limited)
  • Recreational Use: Illegal
• Hemp-Derived THC Gummies: Legal
• Details: A new law, HF 2605, set quantity limits of 4 mg per serving and 10mg per package for THC gummies. It also bans the selling to users under the age of 21. Although, eight hemp companies have teamed up to sue the state in attempt to change this rule. Medical use for CBD derived from marijuana is legal, but not THC. 

16. Kansas

• Marijuana-Derived THC Gummies:
  • Medical Use: Illegal
  • Recreational Use: Illegal
• Hemp-Derived THC Gummies: Illegal
• Details: Probably second to Idaho, Kansas is one of the most fierce opposers to any type of cannabis product. The Kansas House Bill HB 2706 was proposed to allow final hemp products to contain a .3% THC content, but the bill failed and died in committee on May 23, 2022. Many brands still sell to the state, under the interpretation that hemp-derived THC gummies are federally legal. 

17. Kentucky

• Marijuana-Derived THC Gummies:
  • Medical Use: Legal 
  • Recreational Use: Illegal
• Hemp-Derived THC Gummies: Legal
• Details: Kentucky has been one of the most supportive states of the hemp movement. In fact, HB 544 was passed to regulate the sale of THC gummies, including delta-8 gummies (a minor cannabinoid). It also restricted the sale of intoxicating hemp compounds to minors. The state has been extremely progressive in developing a regulatory landscape where both marijuana and hemp products can co-exist, for their individual use cases. Kentucky is very pro-hemp. 

18. Louisiana

• Marijuana-Derived THC Gummies:
  • Medical Use: Legal
  • Recreational Use: Illegal
• Hemp-Derived THC Gummies: Legal
• Details: In June 2024, the legislature of Louisiana passed HB 952 which started as a failed attempt from the marijuana industry to ban all hemp products in a monopolistic act. What ended up coming out of the bill was: prohibiting the sale of hemp products in convenience stores that sell gasoline, and a limit on edits to 5mg THC per serving and 40mg THC per package. While the limits are a bit arbitrary, hemp-derived THC gummies are still able to be sold in the state. 

19. Maine

• Marijuana-Derived THC Gummies:
  • Medical Use: Legal
  • Recreational Use: Legal
• Hemp-Derived THC Gummies: Legal
• Details: Maine is very cannabis-progressive, and has passed several bills that align with the 2018 Farm Bill. LD 630 allows the production and sale of food products containing hemp-derived cannabidiol. LD 1159 set the state-authorized THC limit for hemp to be .3% THC by dry weight. And LD 119 allows for the processing industrial hemp into minor cannabinoids such as delta-8. You can buy both types of THC gummies in Maine. 

20. Maryland

• Marijuana-Derived THC Gummies:
  • Medical Use: Legal
  • Recreational Use: Legal
• Hemp-Derived THC Gummies: Legal
• Details: Maryland passed bills HB 556 and SB 516, which regulated intoxicating hemp-derived products. The main restrictions that were placed were on products like delta-8 and delta-10 THC gummies, where they could only be purchased in licensed marijuana dispensaries. Hemp-derived delta-9 gummies are still allowed to be purchased outside of dispensaries. 

21. Massachusetts

• Marijuana-Derived THC Gummies:
  • Medical Use: Legal
  • Recreational Use: Legal
• Hemp-Derived THC Gummies: Legal
• Details: Hemp-derived THC gummies are technically legal in Massachusetts, although, the Department of Public Health recently release guidance that it is illegal to add CBD or THC to food or beverages. Even with this guidance, the legislature in Massachusetts continues to allow the sale of hemp-derived THC gummies. 

22. Michigan

• Marijuana-Derived THC Gummies:
  • Medical Use: Legal
  • Recreational Use: Legal
• Hemp-Derived THC Gummies: Legal
• Details: Hemp-derived THC gummies remain legal in Michigan, although, in August 2024 the state's Cannabis Regulatory Agency proposed a rule in attempts to set 1mg per serving and 10mg per container THC limits for edibles. The state awaits a final ruling. 

23. Minnesota

• Marijuana-Derived THC Gummies:
  • Medical Use: Legal
  • Recreational Use: Legal
• Hemp-Derived THC Gummies: Legal
• Details: In 2022, Minnesota pass a policy bill (Chapter 98, Article 13) that specifically allows hemp-derived THC edibles as along as they adhere to the 5 mg of THC per serving and 50 mg of THC per packaging limits. 

24. Mississippi

• Marijuana-Derived THC Gummies:
  • Medical Use: Legal 
  • Recreational Use: Illegal
• Hemp-Derived THC Gummies: Legal
• Details: While recreational use of marijuana THC gummies remains illegal, hemp-derived gummies are eligible for sale. A bill called HB 1676 was proposed to restrict hemp-derived gummies to .5mg per serving and 2.5mg per package, but the bill was killed in conference. This was a huge win for the hemp industry. 

25. Missouri

• Marijuana-Derived THC Gummies:
  • Medical Use: Legal
  • Recreational Use: Legal
• Hemp-Derived THC Gummies: Legal
• Details: In August 2024, Missouri Governor Mike Parson attempted to pass an Executive Order with intent to ban intoxicating hemp compounds such as: delta-8, delta-10, THC-O, THCP, THCV, HHC and what he called "similar substances." The term "similar substances" was vague with intention, in attempts to ban hemp-derived delta-9 as well. Luckily, the Executive Order was challenged and blocked. On September 17th, the Missouri Department of Health and Senior Services announced that they will stop trying to halt the sale of psychoactive cannabinoid products and just focus efforts on the bad actors. Great news for hemp! 

26. Montana

• Marijuana-Derived THC Gummies:
  • Medical Use: Legal
  • Recreational Use: Legal
• Hemp-Derived THC Gummies: Legal
• Details: In June 2024, Governor Greg Gianforte signed HB 948 into law. The bill prohibits synthetic cannabinoids and maintains that any cannabis product that contains .3% or more THC must be sold in licensed dispensaries. He also set limits on hemp-derived THC gummies, with .5mg per serving and 2mg per package. This was a big loss to the hemp industry from a state-perspective, since most gummy options available online contain more than .5 mg per serving, which serves as a microdose. 

27. Nebraska

• Marijuana-Derived THC Gummies:
  • Medical Use: Illegal
  • Recreational Use: Illegal
• Hemp-Derived THC Gummies: Legal
• Details: In 2019, Nebraska passed the Nebraska Hemp Farming Act which aligned with the 2018 Farm Bill. Although, the bill LB999 was introduced in 2023 in efforts to ban synthetic THC products, delta-8 and delta-10. For now, hemp-derived delta-9 gummies are legal, although the legislation continues to be in flux. 

28. Nevada

• Marijuana-Derived THC Gummies:
  • Medical Use: Legal
  • Recreational Use: Legal
• Hemp-Derived THC Gummies: Legal
• Details: Nevada is overwhelmingly pro-cannabis, although the state Department of Agriculture has attempted to put unique restrictions on the production process. A recent bill called SB 114 reaffirms that hemp compounds can be added to food products, but the Department of Agriculture is trying to restrict the purchase of the raw materials only to producers in the state of Nevada. To support competition (and lower pricing), groups are attempting to amend this bill to allow the importation of out-of-state raw materials. 

29. New Hampshire

• Marijuana-Derived THC Gummies:
  • Medical Use: Legal
  • Recreational Use: Illegal
• Hemp-Derived THC Gummies: Legal
• Details: SB 505 reaffirms the 2018 Farm Bill, allowing for the sale of hemp-derived THC gummies as long as the final product does not contain more than .3% THC by dry weight. Many delta-8 products are above threshold, so the bill was put forth in attempt to address minor cannabinoid products available online. 

30. New Jersey

• Marijuana-Derived THC Gummies:
  • Medical Use: Legal
  • Recreational Use: Legal
• Hemp-Derived THC Gummies: Legal
• Details: Hemp-derived THC gummies are currently legal from a state perspective in New Jersey. Although, some potential bad news is on the horizon. In July 2024, the state legislature passed S3235 which bans full-spectrum hemp products by limiting their sale to licensed dispensaries. The bill still hasn't been signed into law by the Governor, but if you live in New Jersey stay tuned for updates.  

31. New Mexico

• Marijuana-Derived THC Gummies:
  • Medical Use: Legal
  • Recreational Use: Legal
• Hemp-Derived THC Gummies: Legal
• Details: New Mexico is a very progressive state, allowing for the sale of both marijuana and hemp products. Hemp is regulated under the New Mexico Hemp Manufacturing Act and overseen by the New Mexico Environment Department, both of which adhere to the federal regulations set forth by the 2018 Farm Bill. 

32. New York

• Marijuana-Derived THC Gummies:
  • Medical Use: Legal
  • Recreational Use: Legal
• Hemp-Derived THC Gummies: Legal
• New York regulates the sale of hemp-derived THC gummies with the New York Hemp Farming Act. This allows the sale of these products, as long as they adhere to the same guidelines as the 2018 Farm Bill. 

33. North Carolina

• Marijuana-Derived THC Gummies:
  • Medical Use: Illegal
  • Recreational Use: Illegal
• Hemp-Derived THC Gummies: Legal
• Details: Hemp gummies are legal in North Carolina under the North Carolina Farming Act which follows federal regulations. In a move to make this concrete, they passed SB 455 which permanently removed hemp from the state's controlled substance list. That being said, House Bill 563 seeks to regulate the minor cannabinoids (like delta-8) by placing age restrictions and restricting the sale of vaping products. Since marijuana-derived edibles are fully illegal in the state, a great alternative is hemp-derived gummies. 

34. North Dakota

• Marijuana-Derived THC Gummies:
  • Medical Use: Legal
  • Recreational Use: Illegal
• Hemp-Derived THC Gummies: Legal
• Details: The North Dakota Hemp Farming Act further solidifies the federal regulations from the 2018 Farm Bill. The sale of full spectrum hemp products is allowed as long as the finished goods contain less than the .3% by dry weight standard. That being said, Senate Bill 2096 was passed in August 2024, which restricts the sale of synthetic cannabinoids and places tougher specifications on label requirements. 

35. Ohio

• Marijuana-Derived THC Gummies:
  • Medical Use: Legal
  • Recreational Use: Illegal
• Hemp-Derived THC Gummies: Legal
• Details: Hemp-derived gummies remain legal for purchase in Ohio. Although, Governor Mike Dewine is attempted to add some specifications to the law. They are attempting to restrict the sale of hemp-derived THC to customers under 21 years of age and are also lobbying to require these products to be sold behind the counter in a retail setting in locked storage. 

36. Oklahoma

• Marijuana-Derived THC Gummies:
  • Medical Use: Legal
  • Recreational Use: Illegal
• Hemp-Derived THC Gummies: Legal
• Details: The Oklahoma Industrial Hemp Agricultural Pilot Program launched in 2018 following the Farm Bill. This allowed universities to research hemp and for farms to cultivate it. Senate Bill 868 also passed which removed hemp-derived THC gummies from the state's controlled substance list. 

37. Oregon

• Marijuana-Derived THC Gummies:
  • Medical Use: Legal
  • Recreational Use: Legal
• Hemp-Derived THC Gummies: Legal
• Details: Hemp THC gummies are currently allowed in Oregon, although, there is a proposed bill called HB 4121 which is attempting to establish a registration process, enact an annual fee and put into place packaging and labeling requirements for full spectrum hemp products. This bill is also attempting to put standards in place for products made using synthetic cannabinoids. 

38. Pennsylvania

• Marijuana-Derived THC Gummies:
  • Medical Use: Legal
  • Recreational Use: Illegal
• Hemp-Derived THC Gummies: Legal
• Details: Hemp-derived THC gummies are legal in Pennsylvania, and the state is going one step further in ensuring fair banking practices for hemp companies. HB 331 is a bill that authorizes insurance and financial services to legitimize hemp businesses so they can receive financing and bank at these institutions. The passage of this bill will be a huge step forward for the hemp, and cannabis, industry altogether. 

39. Rhode Island

• Marijuana-Derived THC Gummies:
  • Medical Use: Legal
  • Recreational Use: Legal
• Hemp-Derived THC Gummies: Legal
• Details: While hemp-derived gummies are legal in Rhode Island, in August 2024 new rules were established which placed a limit of 1mg THC per serving and 5mg THC per package. This actually conflicts with the Hemp Growth Act in the state which adheres to the federal .3% threshold rule. This confusion, paired with the Farm Bill, has resulted in hemp products continued to be sold at higher limits in the state. 

40. South Carolina

• Marijuana-Derived THC Gummies:
  • Medical Use: Illegal
  • Recreational Use: Illegal
• Hemp-Derived THC Gummies: Legal
• Details: The legality of hemp-derived THC gummies in South Carolina is a bit confusing. The Department of Health and Environment Control released new guidelines in February 2024 which state that both CBD and THC products (isolate, broad spectrum and full spectrum) are not approved for food products. They also took the stance to not allow brands to reference "THC" or "Delta-9" on labels, which can be very confusing to consumers. A bill, HB 4628, has been proposed to reverse these confusing rules, which only do the consumer an injustice. 

41. South Dakota

• Marijuana-Derived THC Gummies:
  • Medical Use: Legal
  • Recreational Use: Illegal
• Hemp-Derived THC Gummies: Legal
• Details: The South Dakota Industrial Hemp Program followed the protocol of the 2018 Farm Bill on a state level. South Dakota has become a top producer in the nation since then. That being said, they recently passed House Bill 1125 which prohibits the sale of delta-8 and delta-10 THC. Hemp-derived delta-9 gummies remain legal. 

42. Tennessee

• Marijuana-Derived THC Gummies:
  • Medical Use: Illegal
  • Recreational Use: Illegal
• Hemp-Derived THC Gummies: Legal
• Details: While hemp-derived THC within federal threshold is legal in Tennessee, in July 2024 the Tennessee Department of Agriculture issued  emergency amendments to SB 0378 which requires purchasers to be 21 years or older, products to be sold behind the counter and child-safe packaging and storage requirements. Also, packaging must contain a QR code which directs the scan to a page showing 3rd party lab results. 

43. Texas

• Marijuana-Derived THC Gummies:
  • Medical Use: Legal
  • Recreational Use: Illegal
• Hemp-Derived THC Gummies: Legal
• Details: Per the 2019 House Bill 1325, hemp-derived gummies are legal in Texas. This is in accordance with the federal 2018 Farm Bill. Texas is still late to the game with recreational use for marijuana gummies, but with the Compassionate Use Program they have allowed medical use for patients with specific conditions like cancer, PTSD and epilepsy. 

44. Utah

• Marijuana-Derived THC Gummies:
  • Medical Use: Legal
  • Recreational Use: Illegal
• Hemp-Derived THC Gummies: Legal
• Details: Hemp-derived gummies are legal in Utah, but the state has implemented specific regulations. Bill HB 52 sets limit controls on THC content, allowing for up to 10% THC of the total cannabinoid content (not the total dry weight, like the Farm Bill) or 5mg THC per serving. 

45. Vermont

• Marijuana-Derived THC Gummies:
  • Medical Use: Legal
  • Recreational Use: Legal
• Hemp-Derived THC Gummies: Legal
• Details: While hemp-derived gummies remain legal in Vermont, in May 2023 the state's Cannabis Control Board issued an emergency rule for hemp edibles. The rule blocks the sale of intoxicating cannabinoids like delta-8 and delta-10, while also putting a threshold on THC limits to 1.5mg THC per serving and 10mg THC per packaging. The only way to infuse more THC is if the product has a 20:1 CBD to THC ratio or more. 

46. Virginia

• Marijuana-Derived THC Gummies:
  • Medical Use: Legal
  • Recreational Use: Legal
• Hemp-Derived THC Gummies: Legal
• Details: Virginia is very pro-hemp and in March 2024 the House passed SB 448 which aimed to exclude hemp products from Virginia's 12% Marijuana Tax. That being said, they have also imposed stricter regulations on the minor cannabinoids (delta-8 and delta-10), limiting the THC threshold to 2 mg of THC per package unless the CBD-to-THC ratio is 25:1 or above. 

47. Washington

• Marijuana-Derived THC Gummies:
  • Medical Use: Legal
  • Recreational Use: Legal
• Hemp-Derived THC Gummies: Legal
• Details: The state of Washington regulates hemp under the Washington State Department of Agriculture. This government arm passed SB 5276 which follows federal guidelines outlined in the 2018 Farm Bill. That being said, Washington is strict on the minor intoxicating compounds like delta-8 and restricts the sale of those gummies to licensed dispensaries. 

48. West Virginia

• Marijuana-Derived THC Gummies:
  • Medical Use: Legal
  • Recreational Use: Illegal
• Hemp-Derived THC Gummies: Legal
• Details: West Virginia has some catch up to do with regards to allowing recreational use for marijuana THC gummies. Hemp is regulated under the Industrial Hemp Development Act, and Senate Bill 679 was passed to mandate that products be properly labeled and that only customers 21 and over can purchase hemp-derived gummies. 

49. Wisconsin

• Marijuana-Derived THC Gummies:
  • Medical Use: Illegal
  • Recreational Use: Illegal
• Hemp-Derived THC Gummies: Legal
• Details: The 2019 Wisconsin Act 68 follows the federal guidelines of the 2018 Farm Bill, allowing for the sale of hemp-derived THC guidelines as long as they contain .3% or less THC by dry weight. Wisconsin continues to debate the legalization of marijuana, but no legal changes are expected in the near future. 

50. Wyoming

• Marijuana-Derived THC Gummies:
  • Medical Use: Illegal
  • Recreational Use: Illegal
• Hemp-Derived THC Gummies: Legal
• Details: In Wyoming, hemp gummies are legal but the state is currently pushing a bill, SF 0032, in attempt to prohibit the sale of synthetic cannabinoids. This bill also added delta-8 to the legal definition of THC, which used to only address delta-9 gummies. 

International Regulations

We advise all of our customers to not travel internationally with THC gummies, regardless if they are hemp-derived or marijuana-derived. 

The reason for this is due to how enforcement agencies may not know the difference between the source of the plant and the fact that you may face severe penalties.

Where to Buy Legal THC Gummies

Where to Buy Legal Hemp-Derived THC Gummies

Hemp-derived THC gummies are widely available online from reputable retailers like Sunday Scaries, where we adhere to federal regulations.

Our products can be purchased without a medical card and they can be shipped across state lines, making them much more accessible than marijuana-derived THC.

Where to Buy Legal Marijuana-Derived THC Gummies

For marijuana-derived THC gummies, consumers must typically visit licensed dispensaries in states where recreational or medical marijuana is legal.

The minimum age to purchase these products is usually 21 or older, ensuring that only adults can access them.

In some states there are also delivery apps where they sync your I.D. and medical card to ensure you are registered with the state. 

Summary

Navigating the legality of THC gummies is obviously complex, but understanding federal and state laws, international regulations, and safety concerns helps make informed decisions.

Whether you’re interested in hemp-derived vs. marijuana-derived, medical or recreational use, or minor cannabinoids - knowing where you can buy legal THC gummies is essential.

Stay informed and continue to check up on this article to stay tuned to the ever-evolving legal landscape of cannabis consumption.