Legality of Hemp By State
Note: This lecture is not meant to serve as legal advisement. If you are seeking legal assistance, please contact a lawyer involved in the hemp/cannabis industry.
This slide show is an interpretation as of 5/7/2020.
For complete up-to-date information, please check with your state authorities.
States Different Interpretations
The 2018 Farm Bill defines “hemp” as, in part, “acids, […] with a delta-9 tetrahydrocannabinol [(“THC”)] concentration of not more than 0.3 percent on a dry weight basis.”
Some states interpreted this statement literally, to mean that “only” the delta-9 THC content in hemp would be used in determining compliance with the state and federal statutes.
However, other states like Oregon, interpret the federal statute to mean that because THCA is an acidic cannabinoid that “contains” THC, it must be added to the THC concentration to ensure that their total concentration does not exceed 0.3 percent.
Lack of Standers Across States
States That Use less than 0.3% Delta-9 THC
Alabama, Arizona, Colorado, Florida, Hawaii, Illinois, Kansas, Louisiana, Main, Maryland, Mississippi, Montana, Ne York, North Dakota, Tennessee, Texas, Vermont
States That Define Total THC and use Delta-9 THC plus THCA
Arkansas, Minnesota, Oregon, Rhode Island
States That Do Not Define Total THC
California, Indiana, Kentucky, Missouri, Nebraska, New Jersey, New Mexico, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, Utah, Virginia, Washington State, West Virginia, Wisconsin, Wyoming, Connecticut, Georgia, Iowa, Massachusetts, Michigan, Nebraska, Nevada
States Where Any THC is Illegal
Idaho, New Hampshire, South Dakota
For more information…
States That Use less than 0.3% Delta-9 THC Comparison
Montana – Total Delta-9 THC % test results of mature flowers from mother plants.
Kansas – “Industrial hemp” means all parts and varieties of the plant cannabis sativa L, whether growing or not, that contain a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis.”
Tennessee – THC means delta-9 tetrahydrocannabinol.
States That Define Total THC and use Delta-9 THC plus THCA Comparison
Arkansas – The Arkansas Industrial Hemp Program recognizes delta-9 THC as being THC + 0.877*THCA.
Minnesota – The final regulatory determination will be based on the total potential THC post-decarboxylation, which is equal to delta-9 THC + (THCA x 0.877) if the sample is analyzed via HPLC methodology.
States That Do Not Define Total THC Comparisons
Ohio – hemp must contain less than .3% THC.
Virginia – shall have a THC concentration not more than 0.3 percent on a dry weight basis.
Michigan – The defining characteristic between hemp and marijuana is the chemical compound contained within each plant. Both can produce high amounts of Cannabidiol (CBD), a non-intoxicating chemical compound; however THC is produced at very different levels. While hemp can contain no more than 0.3% THC by dry weight, marijuana can contain up to 30% THC. Chemical analysis must be performed to ascertain THC levels.
Transporting Product Across State Lines
It is best to use total THC for all product to ensure that you are not federally charged with possession.
In addition, if your state does not define total THC, you should contact them to see how they will be testing (or assume total THC).
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