50-State Coverage
Hemp & THC Laws by State
2026 Complete Guide · Updated March 2026
The legal status of hemp-derived THC products changed at the federal level on November 12, 2025, when Congress enacted H.R. 5371 — a law that replaces the old Delta-9-only THC standard with a total THC measurement and a 0.4mg per container cap that takes effect in November 2026. Every state's rules are different right now.
after reviewing statutes across 50 states, as of April 2026.
The Federal Standard: What Changed in November 2025
The 2018 Farm Bill defined “hemp” as cannabis with no more than 0.3% Delta-9 THC by dry weight. That narrow definition left a gap: products loaded with Delta-8, Delta-10, THCA, and other psychoactive cannabinoids technically qualified as “hemp.” Congress closed that gap with Section 781 of H.R. 5371, which measures total tetrahydrocannabinol and introduces a hard cap of 0.4 milligrams of total THC per container.
February 2026
FDA cannabinoid lists due
Still pending as of March 2026
November 2026
New hemp definition takes effect
Products exceeding thresholds become federally illegal
Ongoing
State laws vary
States can be stricter OR more permissive than federal floor
Browse All 50 States
Interactive map →Frequently Asked Questions
Is CBD oil still legal after the federal hemp changes?
Standard CBD oil with less than 0.3% total THC remains legal under both the current and new federal definitions. The November 2026 changes primarily target products with higher THC concentrations — Delta-8 gummies, THCA flower, and hemp-derived THC beverages. Pure CBD isolate and broad-spectrum CBD products with zero THC are unaffected.
Will Delta-8 THC be illegal everywhere in November 2026?
Not necessarily everywhere. The federal definition change makes most Delta-8 products illegal at the federal level, but states can pass their own laws permitting regulated sales. States with established hemp product frameworks may choose to continue allowing Delta-8 under state-licensed programs, similar to how states regulate marijuana despite its federal Schedule I status.
Do the new rules affect functional mushroom supplements?
No. Functional mushroom supplements (lion's mane, reishi, cordyceps, turkey tail) contain no THC or controlled substances. They're regulated as dietary supplements under existing FDA rules. The hemp definition changes have zero impact on legal mushroom products.
How often does Herb Directory update state law information?
Our editorial team monitors state legislature feeds, regulatory agency announcements, and federal actions through an automated news pipeline. Individual state pages show a 'Last Updated' date, and our news section covers regulatory changes within 24–48 hours of announcement.