How Are Gummies Legal in the United States?

TL;DR

• Hemp-derived CBD is legal federally and widely available.
• Hemp-derived Delta-9 THC must stay below 0.3% by dry weight to remain legal at the federal level.
• Delta-9 THC remains in a legal gray area, legal in some states but banned in others.
• Marijuana derived THC gummies are only legal in states that have passed medical or recreational cannabis laws.
• State laws differ significantly, so always check local regulations before purchasing THC gummies

Check out our complete guide to Delta-9 THC Gummies!

To understand how cannabis-infused gummies are legal in parts of the U.S., we have to rewind a bit. Cannabis wasn’t always illegal, in fact it was once widely used in American medicine and industrial products like textiles and rope. But in the early 20th century, a mix of political, racial, and economic motives began shaping public perception and policy. In 1914, powerful figures like newspaper mogul William Randolph Hearst began aggressively campaigning against hemp. At the time, hemp posed a serious economic threat to his vast timber holdings, which supplied raw material for his paper empires. Hearst’s newspapers published sensational stories linking marijuana to violence and crime - often with racist undertones targeting Mexican and Black communities. Although specific original articles from Hearst’s newspapers are challenging to access online, historical analyses provide insights into his publications’ content.

For example, an article from the New York Times in 1927, titled “Mexican Family Go Insane,” reported that a Mexican family allegedly went insane after consuming marijuana. This type of sensational reporting was emblematic of the era’s media narratives that linked marijuana use to violence and mental instability. His influence helped fuel the “Reefer Madness” narrative, a 1936 propaganda film which portrayed marijuana use as a direct cause of insanity, violence, and even death, exaggerating its effects to near-comical levels and contributing to a climate of fear and misinformation. This media-fueled moral panic helped lay the foundation for nationwide prohibition efforts. 

"Did you Know?"

The 1936 film reefer Madness was one of the earliest and most romantic pieces of anti-cannabis propaganda. Originally titled Tell Your Children, the movie depicted marijuana users descending into madness, committing violent crimes, and even dying-all after a single puff. Though not directly funded by Hearst, the film echoed the hysteria pushed by the anti-marijuana movement he supported.

Fast forward to 1970, and cannabis was officially criminalized at the federal level under the Controlled Substances Act, introduced during the Nixon Administration. Despite the recommendations of Nixon’s own appointed Shafer Commission - which concluded that marijuana posed little danger to society- the administration chose to ignore the science. Instead, Nixon's "War on Drugs" became a political tool. According to later admissions from top aides, the crackdown on cannabis was strategically designed to disrupt and discredit the anti-war left and Black Americans, groups that the administration viewed as political enemies.

Under the Controlled Substances Act, cannabis was classified as a Schedule I substance, the most restricted category, considered to have a high potential for abuse and no accepted medical use. This federal classification remains in place today. Still, over time, newer legislation and evolving public attitudes have carved out exceptions for hemp-derived compounds like CBD and even low-dose Delta-9 THC products. And that’s how we arrived at the current, and often confusing, legal status of THC gummies.

Decoding the Laws for THC and CBD Gummies

The legal status of THC and CBD gummies is complex, shaped by evolving state laws -many of which were changed through citizen-led ballot initiatives- and federal legislation crafted by Congress. At the state level, voters have played a direct role in legal reform. California’s Proposition 215 (1996) legalized medical marijuana through a public referendum, setting the stage for broader change. Similarly, Colorado’s Amendment 64 (2012) legalized recreational cannabis via a statewide vote. These citizen-driven measures have significantly reshaped cannabis policy across the country.

However, at the federal level, there is no process for public referendums or ballot initiatives. All changes to federal cannabis law -such as the Controlled Substances Act of 1970 or the 2018 Farm Bill- must go through the U.S. Congress. The 2018 Farm Bill, in particular, marked a pivotal moment; it legalized hemp and its derivatives (like CBD and certain forms of THC) as long as they fell under strict guidelines. This legislative shift opened the door for legal hemp-based gummies nationwide, even in states where marijuana remains illegal. 

The Legal Distinction: Hemp-Derived vs. Marijuana-Derived Products

Cannabis-derived products come in two main types: hemp-derived and marijuana-derived. The legal distinction between these two is based on the source plant and the concentration of Delta-9 THC (the primary psychoactive compound).

Hemp-derived products are made from cannabis plants that contain less than 0.3% Delta-9 THC by dry weight. These products are federally legal under the 2018 farm Bill, provided they meet this THC threshold.

Marijuana-derived products, on the other hand, come from cannabis plants that contain more than 0.3% Delta-9 THC and remain federally illegal as a Schedule I controlled substance, though they are legal in certain states that have legalized cannabis for medical or recreational use

The 2018 Farm Bill

This legislation federally legalized hemp-derived products under specific conditions, making a crucial shift in the hemp industry. Most notably, it legalized cannabidiol (CBD), a non-psychoactive cannabinoid primarily derived from hemp plants. As a result, CBD products such as oils, creams, and gummies began to flood the market, with manufacturers now able to legally cultivate hemp and produce these items, provided they met the Bill’s specifications.  

However, this federal legalization applies only to CBD derived from hemp plants. In contrast, CBD derived from marijuana plants remains federally illegal. This distinction is crucial, as it has implications for both production and distribution of hemp-based products.

Delta-9 THC (Primary Psychoactive Compound)

The Farm Bill also permits Delta-9 THC derived from hemp, but only if the product contains no more than 0.3% THC by dry weight. This has led to the creation of THC-infused products, such as gummies, that are federally legal, as long as they stay within the specified limits. For instance, a 10-gram gummy (10,000mg) could legally contain up to 30mg of Delta-9 THC and still comply with federal regulations. However, any product exceeding this limit is classified as a marijuana product and thus becomes illegal at the federal level.

Delta-8 THC (Gray Area)

While the Farm Bill is clear on Delta-9 THC, it does not specifically address delta-8 THC, a cannabinoid that produces milder psychoactive effects compared to Delta-9. Often synthesized from CBD extracted from hemp, this creates significant legal ambiguity. The lack of regulation has resulted in varying state-level responses with some states like Texas and Alabama moving to ban or restrict Delta-8 THC, citing safety concerns. On the other hand, states such as Michigan and Colorado have adopted more proactive stances, implementing regulation to control its sale and ensure product safety. New York and California have taken more cautious approaches, either prohibiting Delta-8 or regulating it under broader cannabis laws.

State-by-State Breakdown of THC Gummy Legality

Because cannabis laws vary widely, here’s an overview of where THC gummies are legal. Always check your specific state laws before purchasing, as they change frequently. What flies in Denver might get you in hot water in Dallas. For the latest legal information, the National Conference of State Legislatures maintains updated information on cannabis laws by state.

States Where Both Hemp-Derived and Marijuana-Derived THC Gummies are Legal

These states have fully legalized cannabis for recreational and medical use:

• Alaska, California, Colorado, Maine, Massachusetts, Michigan, Montana, Nevada, Oregon, Vermont, Washington 

States Where Only Medical Marijuana Gummies Are Legal

In these states, marijuana-derived Delta-9 THC gummies are only available registered medical marijuana patients:

• Arizona, Arkansas, Connecticut, Delaware, Florida, Hawaii, Illinois, Louisiana, Maryland, Minnesota, Missouri, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Utah, Virginia, West Virginia

States Where Delta-9 THC Gummies are Limited to Hemp-Derived Products Only

These states prohibit marijuana but allow hemp-derived Delta-9 THC gummies that comply with the 0.3% rule:

• Georgia, Indiana, Iowa, Kentucky, Nebraska, South Carolina, Tennessee, Texas, Wisconsin, Wyoming

States That Have Banned or Restricted Delta-8 THC

While delta-8 remains federally unregulated, the following states have explicitly banned or heavily restricted it:

• Alaska, Colorado, Delaware, Idaho, Iowa, Minnesota, Montana, Nevada, New York, North Dakota, Oregon, Rhode Island, South Carolina, Vermont, Washington

International Adventures

Thinking of traveling internationally with your gummies? Think again! Most countries have strict regulations against THC products, with penalties ranging from confiscation to serious legal consequences. Always do your homework before traveling abroad because the risk could seriously outweigh the benefits.