Where Does Your State Stand On CBD And THC Laws?

Over the past few years, we have seen a steady increase in the number of states legalizing cannabis for medical or recreational purposes. Cannabis laws vary drastically by state, so there can still be some confusion when it comes to the difference in state laws for CBD, THC, and hemp products. The information below will guide you through the cannabis laws in your state and why things can vary from state to state.


2018 Farm Bill

The 2018 Farm Bill legalized hemp and all hemp-derived products on the federal level. The Farm Bill defines hemp as “the plant Cannabis sativa L. and any part of the plant with a delta-9 THC concentration of not more than 0.3 percent by dry weight.” Hemp does not produce enough THC to give off any psychoactive effects and it is legal in a majority of states.

The legality of cannabis products is often determined by how it was made and its intended use. Most CBD oils and other products are made from hemp plants and have less than .3% of THC. Other CBD products can be derived from cannabis plants and have a higher THC content, which makes it illegal at the federal level. 

The 2018 Farm Bill left the regulation of hemp production up to each individual state, so they have since come out with different restrictions and laws that differ from the federal level. 33 states have medicinal cannabis programs and 11 of them have approved the recreational use of cannabis all together (cannabis-derived CBD products are legal here). 


States Clear For Recreational Of Cannabis

  • Colorado
  • Washington
  • Oregon
  • Alaska
  • California
  • Maine
  • Massachusetts
  • Nevada
  • Michigan
  • Vermont
  • Illinois


Delta-9 THC vs Total THC

Things become a bit more complicated when states argue whether just the Delta-9 THC (THC) or the Total THC levels should be taken into consideration when determining whether or not a product qualifies as hemp.

THCA is the number of active cannabinoids found in your cannabis product before it is exposed to heat or light. Delta-9 THC, more commonly referred to as just THC, is a neutral cannabinoid. Once it has been exposed to heat or light, the THCA is converted to THC and that is what gives off the euphoric effects and gets you “high”.

Total THC is the level of active cannabinoids in your cannabis product after it has been vaped, cooked, smoked, etc. Total THC is the combination of THC and THCA. This is what determines the potency of the product you are using.

Some states argue that both Delta-9 THC and THCA levels should be counted towards whether a hemp sample is lawful. 


States Clear On <0.3% Delta-9 THC

  • Alabama
  • Arizona
  • California
  • Colorado
  • Florida
  • Hawaii
  • Illinois
  • Indiana
  • Kansas
  • Kentucky
  • Louisiana
  • Main
  • Maryland
  • Mississippi
  • Missouri
  • Montana
  • Nebraska
  • New Jersey
  • New Mexico
  • New York
  • North Carolina
  • North Dakota
  • Ohio
  • Oklahoma
  • Pennsylvania
  • South Carolina
  • Tennessee
  • Texas
  • Utah
  • Vermont
  • Virginia
  • Washington
  • West Virginia
  • Wisconsin
  • Wyoming

States Clear On <0.3% Total THC

  • Arkansas
  • Minnesota
  • Oregon
  • Rhode Island

States Not Clear On <0.3% Delta-9 THC or Total THC

  • Connecticut
  • Georgia
  • Iowa
  • Massachusetts
  • Michigan
  • Nebraska
  • Nevada

States Where Hemp With Any THC Is Illegal Or Pending Legislation

  • Idaho
  • New Hampshire
  • South Dakota


Texas Tonix

Texas Tonix complies with all Texas state laws surrounding CBD, hemp, and THC. Our premium selection of gummy chews, flower, oil tinctures, and pet treats have been third-party tested and certified. As a family-owned and operated business we understand that you want to be committed to your health and the health of your loved ones. Texas Tonix CBD products serve as the perfect natural alternative to increase the quality of your life. Shop from Texas Tonix today!

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