Key Takeaways
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Hemp is federally legal in the US as long as it contains less than 0.3% THC - the psychoactive component in cannabis.
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The 2018 Farm Bill was pivotal in legalizing hemp at the federal level, but states can impose stricter regulations.
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You must be at least 21 to buy any hemp-related product
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HALF BAK’D sells products like edibles, cartridges, and pre-rolls made of legally sourced hemp.
Understanding The US Hemp Laws In 2025
The 2018 Farm Bill marked a turning point for hemp in the United States. It removed hemp from the list of controlled substances, making it legal to cultivate and sell hemp across the country, provided it contains less than 0.3% THC. This was a monumental shift, as hemp had been treated just like its psychoactive cousin, marijuana, for decades.
Since the Farm Bill's passage, states have had the autonomy to regulate hemp as they see fit. This means that while hemp is federally legal, state laws can vary greatly. Some states have allowed hemp cultivation, seeing it as an economic opportunity, while others have remained cautious and imposed stricter regulations for public safety.
Let’s break down the legality of hemp state by state.
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Hemp Legality By State (2025 Updated)
The legality of hemp and the level of restriction vary state by state.
As per Buscher Law LLC, the US states where hemp-derived product possession is legal are:
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Alabama, Alaska, Arizona, Arkansas, California (excluding smokable products), Colorado, Connecticut, Delaware, Florida, Georgia (excluding products marketed with THC), Illinois, Indiana (excluding smokable products), Kentucky (excluding smokable products), Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York (excluding smokable products), North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina (excluding smokable products), South Dakota (excluding smokable products), Tennessee, Texas (excluding smokable products), Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming. |
The US states where hemp-derived product possession legality varies or is restricted are:
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Kansas: Products intended for human consumption, such as vape cartridges, flower, cigarettes, and teas, are prohibited. The law is extremely restrictive, allowing only industrial uses.
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Washington D.C.: All extracts from cannabis are classified as hashish, which was not included in legalization initiatives. So if you’re in possession of CBD, you could be charged with possession of hashish, leading to serious consequences like jail time.
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Pennsylvania: Foods and supplements containing CBD are prohibited.
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Utah: Foods and smokable products containing CBD are prohibited.
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Hawaii: Smokable products, foods, and supplements containing CBD are prohibited.
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Iowa: Smokable products, foods, and supplements containing CBD are prohibited.
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Idaho: Products marketed with THC are prohibited.
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Louisiana: Smokable products, foods, and supplements containing CBD are prohibited.
Key Legal Considerations For Hemp Consumers in 2025
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Age Restrictions: There are age restrictions on the purchase of hemp-derived products, similar to alcohol regulations. So, anyone under the age of 21 is not allowed to have hemp products.
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Quality Assurance: With a rising number of hemp products in the market, you should buy from reputable brands like HALF BAK’D that test their products in a third-party lab and have the results publicly available.
Read More: Hemp COA (Certificate of Analysis): What It Is & How To Read It -
Legal Challenges: Ongoing legal battles are shaping how hemp is regulated. Stay informed about any changes in laws or regulations, as they could impact product availability and legality.
Choose HALF BAK’D For The Best Legal Hemp Products
HALF BAK’D sells a variety of hemp products, like pre-rolls and gummies.
HALF BAK’D is a leading provider of high-quality hemp products committed to safety and customer satisfaction. We have a wide range of products - from edibles to flowers to pre-rolls to concentrates. Here’s why you should choose us:
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Premium Quality, Legal Hemp: We source only the best buds for our premium hemp products. You can rest easy knowing that everything we offer is legal and legit.
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Trusted Transparency: We believe in crystal-clear clarity. That's why all our ingredients are lab-tested, so you know exactly what you're getting.
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Diverse Selection: From Strawberry Frenzy in gummies to Astro Funk in pre-rolls, our hemp products come in exciting flavors. Whatever your preference, we've got something you'll love.
Frequently Asked Questions (FAQs)
Is hemp legal in all 50 states?
While hemp is federally legal in the United States, thanks to the 2018 Farm Bill, state laws can differ. Some states have additional restrictions or regulations that may limit the cultivation, processing, or sale of hemp products. Always check the laws in your state for compliance.
What defines hemp legality under federal law?
Under federal law, hemp is defined as cannabis that contains no more than 0.3% THC by dry weight. The 2018 Farm Bill legalized hemp by removing it from the Controlled Substances Act, thus distinguishing it from marijuana.
Can I grow hemp for personal use?
If legal in your state, growing hemp for personal use is generally not allowed unless you obtain a license from your state’s agricultural department. Each state has different requirements and processes for licensing.
What should consumers look for when purchasing hemp products?
You should look for clear labeling that includes THC content, ingredient lists, and third-party lab testing results for product safety and compliance with legal standards.
Are HALF BAK'D products legal?
Yes, all our products are made from legal hemp and contain less than 0.3% THC.
FDA Disclaimer: “These statements have not been evaluated by the FDA. This product is not intended to diagnose, treat, cure, or prevent any disease.”