View the complete list of states where cannabis is legal, restricted, or illegal. We also cover the legality of hemp-derived THCA and Delta-8 THC.
Hemp-derived THC cannabinoids exploded in popularity over the past few years, mainly because they gave people access to legal THC products — capable of getting you high, or potentially helping medically — even in states that hadn’t legalized high-THC cannabis for medical or recreational use.
That loophole existed because the 2018 Hemp Farming Act (part of the Farm Bill) legalized hemp-derived cannabinoids at the federal level, and a 2022 Ninth Circuit Court of Appeals ruling confirmed that Delta-8 and other hemp-derived THC products fell under that same protection.
That loophole is now closing. A federal law change takes effect December 11, 2026, redefining hemp to count total THC (including THCA) rather than just Delta-9 THC, with Delta-8 and other converted cannabinoids affected slightly earlier, from November 12, 2026. Once these dates pass, most hemp-derived THCA and Delta-8 products will no longer qualify as legal hemp federally — though individual states are still free to set their own, sometimes different, rules in the meantime.
*State laws are often contradictory, confusing, and subject to change
Is Cannabis Legal in my State (Sep 26)
Learn more about psychoactive cannabinoids
Click the links below to learn about the different types of psychoactive cannabinoids available.
