The landscape of hemp product regulation in the United States is complex and varies significantly from state to state. This complexity is mainly due to differing state responses to the legalization of hemp under the 2018 Farm Bill, which legalized hemp and hemp-derived products at the federal level.
States have adopted varying stances on the regulation of intoxicating hemp products, particularly those containing delta-8 THC and other hemp-derived cannabinoids that can produce psychoactive effects.
Prospective Regulation Status
Unregulated, Temporarily Legal
- This category currently does not explicitly apply to any state but represents a scenario where a state moves to prohibit hemp-derived THC, faces legal challenges, and results in a temporary legalization pending court decisions.
Regulated Within Marijuana Channels
- This scenario reflects states that have integrated the regulation of hemp-derived and synthesized THC within their existing legal marijuana frameworks, allowing for the sale of intoxicating hemp products under specific conditions.
Prohibited States
- States such as Alaska, Colorado, Delaware, Florida, Idaho, Montana, New York, North Dakota, Oregon, Rhode Island, Vermont, Wyoming, and Washington have implemented laws or regulations that categorically prohibit intoxicating hemp products.
Prohibited Outside Marijuana Channels
- States including Arizona, California, Connecticut, Maryland, Michigan, Nevada, and Utah regulate hemp-derived and synthesized THC within their legal marijuana frameworks but prohibit these products outside of these channels.
Regulated States
- Iowa, Kentucky, Louisiana, Minnesota, New Hampshire, Ohio, South Dakota, Tennessee, Virginia: These states have set regulations for hemp-derived and synthesized THC, targeting adult use over 21 and/or specifying product types and dosages.
Unregulated, Not Banned
- States such as Alabama, Arkansas, Georgia, Indiana, Maine, Missouri, Nebraska, New Jersey, New Mexico, North Carolina, Oklahoma, West Virginia, Wisconsin have aligned their regulations with the 2018 Farm Bill, thereby not explicitly banning hemp-synthesized THC.
Unregulated; Ban Unclear or Unenforced
- States like Hawaii, Illinois, Kansas, Massachusetts, Mississippi, Pennsylvania, South Carolina: Although these states have aligned their laws with the 2018 Farm Bill, the legal status of intoxicating hemp products remains unclear due to conflicting declarations from government entities.
Key Takeaways
The regulation of hemp-derived and synthesized THC in the U.S. remains a dynamic and evolving issue. States have taken a variety of approaches, ranging from outright prohibition to specific regulatory frameworks that integrate these products into the legal marijuana market or apply adult-use restrictions. As legal interpretations and policies continue to evolve, it’s crucial for consumers, businesses, and policymakers to stay informed on the latest developments in hemp product regulation.