One of the first questions that many new THC customers wonder is, “Is cannabis legal in the United States?” While the question seems simple enough, unfortunately the answer isn’t quite so. To understand the true nature of legal THC in the United States, we must examine how it is viewed on both the federal and state levels. In this article, we will break down the legality of delta-9 THC at the federal level and then examine how different states choose to handle this cannabinoid. In the process, we hope to paint you a clearer picture of the legal status of cannabis in the United States.

What Is Delta-9 THC?

In short, delta-9 THC is the psychoactive cannabinoid that produces the “high” that is brought on by marijuana use. These days, THC can be found not only in marijuana buds, but in gummies, oils, concentrates, topicals, and a variety of other products. Although it is now recognized for its multitude of potential health benefits, such as pain relief and stress relief, this cannabinoid has been illegal in the United States for the better part of the past 100 years. 

Is THC Federally Legal?

In 2018, the U.S. Farm Bill went into effect, which legalized the cultivation and sale of hemp plants. By this definition, legal hemp products may contain up to 0.3% delta-9 THC. However, cannabis plants and products that contain more than this amount of THC are still considered illegal at the federal level. At the end of 2024, a one year extension of the 2018 Farm Bill went into effect, after which it will again need to be reauthorized. Although this may seem clear cut, the legality of THC in the United States gets a lot more convoluted as each state takes their own stance on this controversial cannabinoid. 

Which States Allow Legal THC Products?

At the state level, Delta-9 THC has a very different legal position because each state is free to regulate cannabis in its own way. By 2023, 23 states and Washington, D.C. had legalized cannabis for recreational use, while more than 40 states had approved it for medical use. Delta-9 THC is permitted for medical and recreational use in these states, though there are often limitations, such age restrictions and possession limits. 

States like California, Colorado, and Oregon have established well-regulated markets for legal cannabis. Conversely, in states where cannabis is not legalized for either medical or recreational use, delta-9 THC remains illegal. For example, states like Idaho, Wyoming, and Kansas have strict laws prohibiting cannabis.

In Conclusion: Is THC Legal in America?

Both federal and state regulations have shaped the legal landscape of delta-9 THC in the United States. Although hemp-derived goods with low amounts of delta-9 THC were authorized by the 2018 Farm Bill, marijuana products with higher delta-9 concentrations are still prohibited at the federal level. However, the legality of delta-9 THC truly varies by state; some have completely legalized cannabis, while others have strictly prohibited it. To maintain compliance with local, state, and federal regulations, it is crucial for businesses and consumers to stay aware of the constantly shifting regulatory landscape as cannabis laws continue to change.