Yes, THC Gummies are now legal. Although, only certain types are legal. Find out which ones are in this article.

The best way to start this off is by distinguishing the difference between Cannabis, Hemp, and Marijuana. This will clear up some initial confusion before everyone's head starts spinning. 

Cannabis is the genus of the plant that includes both hemp and marijuana. Genus represents a class of things that have similar characteristics that can be divided into subordinate kinds. Aka, the "taxonomic rank" in biology. 

To make this easy for us all, think of lemons and limes. They are extremely similar  (both are from the Citrus genus), but they have slightly different colors and tastes. 

So, both hemp and marijuana are both technically Cannabis, but they have some key differences just like lemons and limes. 

The main differences between hemp and marijuana is their THC concentration, their reason for cultivation, and how they look as plants.


  • Contains .3% or less THC by dry weight
  • Cultivated for industrial use to make paper, textiles & biofuel
  • Grows tall and skinny and doesn't have buds (flower)


  • Contains .3% or more THC by dry weight
  • Cultivated for drug, medicinal and recreational use
  • Grows short and stocky and has buds (flower)

Unfortunately, hemp and marijuana can get used interchangeably. Yup, this can be confusing af. And sometimes people use cannabis to define just one of the other. It's actually quite simple when you break it down, unless you're high, haha. But read more and you can become the expert at your next social meetup.

So, back to the main question: Are THC gummies Legal Now?

The question is loaded for sure. 

Since both hemp and marijuana contain THC, THC can be extracted from either plant. 

The THC extracted from both plants is the same exact compound, it's called delta-9-tetrahydrocannabinol, and the chemical structure is exactly the same. 

Since hemp has much less THC (.3% or less) in the plant, you have to extract much more raw materials in order to get the same amount of THC oil as you would by extracting from the marijuana plant. 

The ludicrous part is that if you extract THC from hemp then it is federally legal, but if you extract the same THC from marijuana it's still a schedule 1 narcotic. AKA, extremely illegal. 

Don't blame us, we don't make the rules. 

Check out the summary below for the differences in THC from Hemp and THC from Marijuana. 

THC from Hemp

  • Federally legal
  • Legal in all states, although, some states are starting to take a hard stance against the federal government
  • CAN ship across state lines

THC from Marijiuana

  • Federally illegal
  • Recreationally legal in 23 states (as of June 2023)
  • Medically legal in 38 states (as of June 2023)
  • CANNOT ship across state lines

The reason THC from Hemp is federally legal is because of the 2018 Farm Bill, which removed hemp from the Controlled Substances Act (CSA) and made it a generic agricultural commodity.  

The key is ensuring that the THC amount is less than .3% by dry weight. So if the amount of the THC in the final product is less than .3% by dry weight, then it's ok to sell. 

This is why there are a ton of e-commerce cannabis companies selling THC gummies online, straight to your front door step, including Sunday Scaries. 

Just make sure they are hemp derived! We don't want you getting locked up like Akon. 

To summarize, THC gummies are only able to be sold online and across state lines if they contain less than .3% by dry weight in the final product and are extracted from hemp. 

In order to ensure compliance, always check certificates of analysis (COA's) and the chain of custody on brands' websites so you can see the 3rd party lab results that shows the legal amount of THC from hemp. 

At Sunday Scaries, we have a full page dedicated to this that opens the curtains to our Sourcing & Lab Tests

On that page you can download the test results for all of our products to ensure they are legal and compliant. 

All Sunday Scaries products are made with extracts that are derived from hemp, and all of them adhere to the 2018 Farm Bill with the legal amount of THC in them. 

This is how we were able to launch our new product, Couch Potatoes, which are legal, hemp-derived THC gummies boosted with L-Theanine. They give you a smooth, calm high and allow you to veg out and laugh your face off. 






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