Is hemp flower legal in my state? The legal hemp flower landscape is constantly evolving. Check the list below to learn if hemp flower is legal in your state.
Is hemp flower legal where you live? The legality of hemp flower is up in the air in most U.S. states even though the 2018 Farm Bill legalized “hemp and any part of the hemp plant” with less than 0.3% THC on a dry weight basis.
Hemp flower with less than 0.3$ THC is non-intoxicating, is not going to get you high or addicted, yet for one reason or another, it’s banned in some states.
Can you legally buy hemp flower where you live? Let’s take a look at the hemp flower laws in all 50 states.
Hemp is Federally Legal Is Hemp Flower Legal in Your State? 2020 Hemp Flower Laws in All 50 States
Hemp is federally legal after President Trump signed the 2018 Farm Bill. After the passage of the Farm Bill, hemp became an agricultural commodity and lost its status as a Schedule I drug under the Controlled Substances Act.
Under the Hemp Farming Act, “The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis,” [1]
Marijuana and marijuana-derived products remain illegal federally. On a state level, over ten states allow the cultivation, production, and sale of cannabis.
States are in the process of submitting hemp plans to USDA. The hemp plan would regulate things like licensing, sampling and testing, disposal of non-compliant plants, and alternative testing procedures of industrial hemp.
USDA Interim Hemp Rule
On October 31, the United States Department of Agriculture (USDA) published its interim final rule. The Interim Rule provided regulatory clarity on hemp production, including the obligation of states to propose state hemp plans before implementing internal hemp rules.
USDA allowed the public to give feedback on proposed rules concerning production, before issuing the final rule.
What Is The Legal Status of Hemp Smokables?
As of the writing of this article, federal agencies haven’t issued a clear statement on hemp smokeables. Some states decided to ban hemp smokables and vaping products altogether, while others focus on regulating CBD (cannabidiol) products only.
Is Hemp Flower Legal in My State?
More than 45 states have legalized hemp. Some states have a friendly approach toward hemp flower and smokables, while others banned the sale and possession of hemp products.
Hemp Flower Laws by State
Friendly States
The legality of hemp flower in each state can change drastically. Here are the states with hemp-friendly laws.
- Alaska
- Arizona
- Arkansas
- Colorado
- California
- Connecticut
- Florida
- Georgia
- Illinois
- Iowa
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Missouri
- Montana
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- Tennessee
- Vermont
- Virginia
- Washington State
- West Virginia
- Wisconsin
- Wyoming
Gray States — Some Hemp Flower is Allowed
- Texas — Texas banned the processing of smokable hemp products in the state but forgot to include the retail sale of such products. So, until officials officially ban the sale and possession of hemp flower in Texas, individuals are allowed to purchase hemp flower made outside of the state.
- Delaware — Delaware hemp program doesn’t regulate hemp flower nor allows the cultivation of hemp for commercial purposes in 2019.
- Nebraska — hemp is legal in Nebraska, but hemp flower remains unregulated.
- Hawaii — hemp is unregulated in Hawaii.
- District of Columbia — there is no law proposed to date on hemp and hemp-derived products in the capital.
States Where Hemp Flower is Illegal
Hemp flower is illegal in these states.
- Alabama — the sale of smokable hemp flower is illegal in Alabama.
- Idaho — hemp is illegal in Idaho.
- Indiana — smokable hemp flower got banned in Indiana.
- Kansas — hemp flower cannot be sold between individuals that don’t hold a license in Kansas.
- Kentucky — hemp is legal in Kentucky, but the sale of hemp flower is only allowed between licensed individuals.
- Louisiana — hemp farming is legal, but the sale of hemp for inhalation got banned.
- Mississippi — hemp is illegal in Mississippi.
- South Dakota — hemp is illegal in South Dakota.
- Utah — hemp is legal in Utah, but smokable hemp is illegal to distribute or market.
What to Know Before Buying Hemp Flower
Buy Online
Buying your hemp flower online is the most convenient and safest approach in this highly unregulated market. USPS and private couriers are allowed to mail hemp and hemp-derived products. So, when you order hemp flower online, you get it delivered straight to your door.
Find a Reliable Company
To comply with federal and state laws, reliable companies offer tested hemp flower that contains THC content within legal limits.
Always do a background check on the origin of the hemp. Also, make sure to look at the flower’s lab test before purchasing.
On our site, we recommend companies that re-test all of their hemp smokable products for cannabinoid content.
Be Discrete
Simply put, don’t carry hemp smokables in your car or use them in public areas. Hemp flower resembles marijuana, which will get you in trouble with law enforcement. For now, law enforcement doesn’t have a field test to measure the THC levels in each bud and confirm that you’re carrying hemp, not marijuana.
Organic Hemp Flower Only
The hemp flower market is one of the fastest-growing but highly unregulated markets. Hemp flower is an affordable hemp product which offers benefits you can only receive from whole-plant hemp consumption.
To fully get the benefits of hemp, always look for organically grown hemp, free of pesticides and other toxins.
FAQs on 50 States Hemp Flower Laws
You certainly can purchase hemp flower in a state where the product is legal and have it delivered to your home, in a state where hemp flower is illegal. However, you should be aware that by using hemp flower in a state where the crop is illegal, you are breaking the law.
Most states don’t limit the quantity of hemp flower you are allowed to buy at once.
If you are buying hemp flowers for personal needs, you don’t need a special license or prescription. In case you want to produce oil or other hemp products from those hemp buds, you need a special license.
There isn’t only one state we can consider best for hemp flower. Growers in different states have different cultivating practices. We always recommend our readers to get organic hemp flower from Mr. Hemp Flower, Dr. Ganja, and Industrial Hemp Farms.
Yes! Hemp flower reports show that if purchased locally, the price of hemp flowers differs in each state.
You certainly can, if you order online. Hemp flower companies offer their products to consumers in all 50 states.
As a hemp product, hemp flower has not been regulated federally. Because states enact their own laws, check the state you live in before deciding to grow your own hemp flower.