Is Hemp Legal in All States?

Industrial hemp is defined as Cannabis sativa L. and must be below a THC threshold of 0.3%.


production is legal in 46 states and the agricultural bill allows Idaho, Mississippi, New Hampshire and South Dakota to continue to ban crop production within their borders. This legalizes cultivation and production with a license, but as an aspiring CBD consumer (and not the license holder), you're not allowed to own the hemp flower itself, only post-production CBD extracts.

The answer to whether the hemp flower is legal in Texas is a bit complicated because of the way they have divided the hemp flower from other hemp products. The National Hemp Production Program establishes federal regulatory oversight of hemp production in the United States. In some parts of Florida it's illegal to smoke any type of cannabis product (including hemp and medical marijuana) in public spaces, but it's OK in your own home. In the case of hemp for smoking, it seems that a few states are determined to act against federal law, doing everything possible to make it illegal to own or smoke hemp, because they don't like the way it looks.

In addition, the explosion of Delta-8 THC and the fact that it is psychoactive like cannabis (although much less potent) has caused many states to completely ban Delta 8 THC products derived from hemp. Every time hemp is shipped interstate, there is a risk of seizure, regardless of the state of origin and destination. However, good news came for people in Indiana when a federal judge rejected Indiana's ban on smokable hemp, calling it unconstitutional to ban a type of hemp, just because they can't distinguish it from marijuana. The bill legalized hemp under certain restrictions and defined hemp as the plant species Cannabis sativa L.

The Agricultural Act legally identifies hemp as a cannabis plant that contains no more than 0.3% delta-9 THC* (the cannabinoid responsible for placing you) and thus removed hemp from the list of substances. Kentucky law is worded in such a way that it is illegal to cultivate, handle, process, or market any part of the hemp plant (whether live plants, seeds, leaves, or floral materials) without a license. Newsom basically banned the smokable hemp flower in the state of California when it passed a bill that put extreme pressure on California hemp farms and retailers. This is a list (correct at time of publication) of some of the states that are not very suitable for smoking hemp.

According to the USDA, eligible hemp producers may also be eligible for other programs, such as agricultural loans and participation in USDA conservation programs. Under SEA Bill 516, while the cultivation of hemp, together with the production and sale of CBD products, is legal (including CBD vaporizers), it also specified that there will be a criminal sanction for those who find themselves “selling, manufacturing, financing or possessing smokable hemp”. Although the Senate version would have legalized hemp across the country, the final Farm Bill leaves the responsibility of legalizing hemp to states.

Tori Clar
Tori Clar

Subtly charming internet scholar. General music aficionado. Avid beer buff. Evil music expert. Lifelong food advocate. Award-winning beer practitioner.