Are THC Gummies Legal in All States?

No, unfortunately, hemp-based THC gummies aren’t legal in all 50 states, despite the 2018 Farm Bill paving their way for federal legalization. Though, you can still buy hemp-based THC gummies in many states – just not all 50. 

In the years since the last Farm Bill, state-specific legislation around hemp-based products has turned some of your favorite THC gummies into bona fide contraband. But not all of your favorite THC gummies. Which ones, you ask? Well, that depends on your state’s laws, your county’s laws, the formula in your THC gummies, the percentage of cannabinoids in those edibles, the type of cannabinoids in those chews, where you buy them, how you buy them, and … isn’t bureaucracy fun?

It’s a lot. Let’s just be frank. It’s a lot. The legal landscape for buying THC gummies online is murky, grey, and overly convoluted, to use the superfluous legalese that regulates your beloved edibles. 

But why is it so complex? Your guess is as good as ours. Perhaps consider contacting your U.S. senator, representative, or state legislator to file a complaint. We’ll continue doing our part in creating some fun, funky edibles.

Now, let’s dive into the murky waters and try to enjoy these seriously delicious, seriously potent edibles legally, the operative word here being “legally.”

Five Fast Facts

1. THC gummies aren’t legal in all states.
2. The 2018 Farm Bill legalized THC gummies and other THC products at the federal level.
3. Many states have since passed regulations or outright bans on hemp-based products.
4. Some states have banned specific cannabinoid isomers.
5. The laws change often; check with your state and local laws before buying THC gummies.

Hemp-Derived vs. Marijuana-Derived THC

At the center of this intricate issue is the debate over hemp-derived gummies and marijuana-derived gummies. All the THC gummies, vapes, pre-rolls, and syrups you’ll find at TRĒ House are hemp-derived, but what does that actually mean?

The cannabis plant comes in a few notable forms, the two most popular being hemp and marijuana. In their raw forms, these two plants look relatively the same. They have the same perforated leaves, long stalks, and forest-green colors. But when these plants are examined under a microscope, that’s where we see their complex differences.  

Key Difference Between Hemp and Marijuana

The main difference between these two plants is their THC percentage. THC is a member of the cannabinoid family, most famous for delivering cannabis’ electric euphoric effects. It’s the cannabinoid known for causing red eyes and euphoria. And marijuana is jam-packed with it. Thanks to innovation in cannabis cultivation, some marijuana strains boast nearly 30% THC, while all other cannabinoids fight for the remaining 70%. 

Hemp, on the other hand, carries less than 0.3% THC, a far cry from its cannabis cousin, marijuana. This was the defining difference between the two plants outlined in the 2018 Farm Bill (more on that below). 

What Are THC Gummies?

Fruity, flavorful chews, THC gummies are evenly dosed edibles that offer a fun-fueling serving of hemp-derived THC. But not all hemp-based THC gummies are the same; and the legal landscape around each varies. So, first, let’s dip our toes into each type and their effects, before we “opine on legalities.”

Delta 9 Gummies

The “classic” type of THC gummies is delta 9 THC gummies. In all forms of cannabis (yes, both hemp and marijuana), the most abundant form of THC is delta 9. This is the isomer that gets most of the heat from lawmakers. And, in some states, hemp-derived delta 9 gummies are fully legal; in other states, they’re heavily regulated; and in a few, they’re vehemently restricted.

If you live in a state that allows delta 9 gummies, check out our Strawberry Delta 9 Gummies. Each gummy contains 10mg of delta 9 THC, which is the perfect dose for newbies and THC veterans. If you’d like to dabble in a smaller dose (see: microdose), split the gummy into halves or quarters to enjoy a lighter dose of bliss. 

Delta 8 Gummies

Once the 2018 Farm Bill hit the papers, one of the first THC isomers to blast onto the scene was delta 8 THC. Known for its relatively lighter effects that anchor in the body, delta 8 THC is often called “THC-lite.” It delivers more of a body buzz compared to delta 9’s strong, head-heavy bubbles. 

If you’d like to try delta 8 THC and see how it affects you (and live in a place where delta 8 THC is allowed), check out our Blue Raspberry Delta 8 High-Potency Gummies, packed full with 100mg of delta 8 THC each. 

Gummies With Alternative Cannabinoids

In recent years, as researchers have developed new extraction methods, even more cannabinoids have emerged. Each one is naturally occurring and filtered from the hemp plant. These cannabinoids include the always-electric HHC, the supremely powerful THC-P, and the evasive delta 10. 

To enjoy HHC by itself, check out our Strawberry Watermelon HHC Gummies, made with 25mg HHC per gummy. Or enjoy distinct flavors and effects with our seriously delicious, seriously potent Pineapple Lemonade THC-P Gummies, made with 5mg THC-P, 20mg delta 8, and 10mg HHC per piece. 

Federal Law and THC

Before we dive into any state-specific legislation, we need to visit the document that set all this into motion: the 2018 Farm Bill. 

Looking Back on the 2018 Farm Bill

Published every four to six years, the Farm Bill is a multi-year bill that governs a broad range of agricultural and food programs. This bill allocates funds to specific programs, reconfigures funding for others, and helps strengthen, improve, and expand the success of American farms. 

And in 2018, the Farm Bill did something no other Farm Bill had: it removed hemp’s Schedule 1 status.

For centuries, cultures around the world have cultivated hemp for various purposes. These applications stretched from medicinal to industrial. But in the 20th century, as marijuana was being stigmatized and eventually outlawed, hemp was lumped in, too. Seemingly overnight, this versatile plant was banned in all 50 states under the Controlled Substances Act. 

After the 2018 Farm Bill, farmers were allowed to grow, sell, and distribute hemp. The only caveat being that it had to have less than 0.3% THC by dry weight: THC’s natural level in the hemp plant. From here, new industries emerged, utilizing this plant for a myriad of purposes. 

The first few uses spotlighted CBD in a wide range of products, from gummies to tinctures to drinks, and many more. Soon, brands found ways to isolate delta 8 and other THC cannabinoids in the hemp plant. This enabled companies to produce legal hemp-derived THC products, like delta 8 gummies, that feature a functional amount of delta 8, HHC, THC-P, and more. 

And this is where many states started crossing their arms. 

Types of State-Wide Legislation

Determining which state falls under which legal policy is not straightforward due to the significant fluctuations in laws. So, we can’t say for certain which state falls under which category. But what we do know is that there are around five distinct types of legislation that your state’s laws can fall under. 

Fully Illegal 

Some states have fully restricted hemp-derived THC products. These states may allow hemp-based CBD gummies and other CBD products, but their THC percentage has to be undetectable. So, these products are typically made with either broad spectrum CBD or CBD isolate. 

Heavily Restricted

Other states have laws that restrict the amount of THC per serving. These laws may even ban certain cannabinoids, like THCA, THC-P, and even hemp-based delta 9 THC. They may even have laws that prohibit certain ways cannabinoids are extracted from the hemp plant.

Mixed Legislation: State vs. County Laws

And others might not have state-wide laws regarding THC gummies, but have counties within their borders that do. That’s why it’s important to check your state and local governments before ordering your favorite THC gummies. 

Legal With Some Restrictions

Some states might have laws that allow THC gummies while outlawing other THC products, like THC vapes. So, it’s always best to check with your local and state governments before ordering any THC product.

Fully Legal

And finally, a number of states don’t have any legislation regarding the sale, use, or enjoyment of hemp-derived THC gummies. These states often have head shops and smoke shops that sell them legally to adults, and a large population that enjoys these recreational gummies safely. 

Can You Buy THC Gummies Online Legally?

Yes, you can buy THC gummies online legally if they are shipped to a location where they are legal. At TRĒ House, we meticulously review every step and measure to ensure that our shipping policies and legal details remain current and accurate. 

Check to see if the gummies you’re considering can ship to you by looking for your state on our Shipping Information page. 

Future Outlook: Will THC Be Legal Everywhere Soon?

We certainly hope so! For what felt like a brief, fleeting, ephemeral moment, hemp-based THC gummies were legal in just about all 50 states. Today, that landscape is a little murkier, complex, and (to use lawyer-speak) convoluted. 

If you would like to influence your state’s hemp-based THC legislation, reach out to your state legislators and advocate for the gummies you love!

Parting Thoughts

So, while THC gummies may not be legal everywhere, their legal status can change. States that have been vocal about a full-on ban have since adjusted their course and advocated for regulation, which is a win in our book! 

As we await the latest Farm Bill, we are eager to see if the federal government will provide the states with more guidance on hemp legislation, potentially allowing legal access to hemp products across all 50 states.

And as always, 

Safe travels, fellow TRĒ Huggers!