Are THC Gummies Legal? Status by State

Did you know that people in states with legal recreational cannabis are over twice as likely to use THC edibles as those in states that restrict or forbid them? We dive into the laws and regulations around the country to help you figure out where, when, and how you can join this growing group of folks who enjoy the benefits of THC. 

Key Takeaways:

• Marijuana is considered federally illegal, meaning THC gummies derived from marijuana are illegal.
• As of 2025, 24 states have legalized recreational cannabis use, including the use of THC edibles.
• The vast majority of states have some kind of medical marijuana program, which usually allows qualified individuals to purchase THC edibles, including THC gummies.
• Under the 2018 Farm Bill, THC edibles produced using hemp are considered federally legal.
• However, some states have implemented stricter laws concerning hemp-derived THC products, including THC edibles, so it's important to check the regulations where you live.
• You can purchase THC gummies from licensed dispensaries, either in-person (like our location in Avon, Ohio!) or online. 
• Double-check the laws and regulations when traveling, because even legal THC gummies may be considered illegal in certain jurisdictions.

See Related: How Many CBD Gummies Should I Take to Relax?

Legality of Cannabis Edibles

Over the last decade, the legal landscape surrounding marijuana and THC edibles has changed significantly. With new laws seemingly being introduced at the federal, state, and local levels every year, it can be hard to keep up.

As of 2025, marijuana remains listed as a Schedule I substance under the Controlled Substances Act. That means marijuana is illegal under federal law.

This makes it technically illegal to travel with marijuana, even if you are traveling between two places that each individually legalize recreational marijuana. TSA officers do not generally search for drugs, including marijuana, but if they find it, they are obligated to report the matter to law enforcement.

House Bills to Legalize THC

Multiple bills that would legalize marijuana at the federal level, both recreationally and for medicinal use, have been introduced to Congress. However, as of 2025, none have passed. 

Does that mean THC gummies are a no-go? Absolutely not! 

As we'll discuss, almost half of all states permit recreational marijuana. And many more follow a new federal law that allows THC gummies to be sold through a unique loophole. 

The Loophole: Hemp-Derived THC Gummies

In 2018, Congress passed the Farm Bill into law. This landmark legislation legalized hemp and hemp-derived products. 

Hemp is simply a variety of the cannabis plant that contains less than 0.3% THC by dry weight.

That 0.3% might be minuscule, but it's enough for manufacturers to create all kinds of hemp-derived THC products. How?

Well, remember that hemp plants are essentially identical to cannabis plants. The only distinction is the THC content. Hemp plants therefore contain all many other cannabinoids, including CBD, that are produced by cannabis plants. 

Some of these cannabinoids, like CBD, can be converted to THC fairly easily.

The 2018 Farm Bill specifies that derivatives of hemp are also legal. Therefore, THC gummies derived from hemp are also legal. These "hemp edibles" might be functionally identical to edibles derived from marijuana — but because of their origin, they are federally legal.

One great example of this is Delta-8 THC. It's a less well-known cannabinoid that is very similar to Delta-9 THC, which is what people usually mean when they refer to the psychoactive compound "THC." It can be extracted from hemp plants, or created using CBD extracted from hemp plants.

In addition to Delta-8 products, we offer Delta-9 THC Gummies, created using hemp grown in the U.S. and tested by a third-party lab.

Delta-9 THC

Manufacturers can and do create Delta-9 THC products using hemp. They are often virtually identical to marijuana-derived THC products. But because they are derived from hemp, they are federally legal.

That's why we offer a range of Delta-9 THC products, from gummies to tinctures to artisanal, THC-infused chocolates and much more.

However, it's important to note that some individual states regulate the sale of Delta-8 and Delta-9 THC. This includes some states that otherwise permit recreational cannabis use. 

Where are THC Gummies Legal?

In 2023, Ohio became the 24th state to fully legalize marijuana for recreational use. The same year saw Oklahoma voters reject legalization. 

In other words, the legal landscape is constantly changing and will likely continue to change. It's important to keep up-to-date with the laws and regulations surrounding THC so you don't get caught out.

States That Permit Recreational Marijuana Use

As of 2025, 24 states (and Washington, D.C.) permit recreational cannabis use. In order of when they legalized marijuana, they are:

• Colorado
• Washington
• Alaska
• Oregon
• Washington, D.C.
• California
• Maine
• Massachussetts
• Nevada
• Michigan
• Vermont
• Illinois
• Arizona
• Montana
• New Jersey
• New York
• Virginia
• New Mexico
• Connecticut
• Rhode Island
• Maryland
• Missouri
• Delaware
• Minnesota
• Ohio

While these states (and D.C.) allow recreational cannabis use, local laws vary. In Ohio, for example, adults may possess 2.5 ounces of marijuana flower. Michigan, next door, has the same legal limit.

But nearby New York allows adults to possess up to 3 ounces of cannabis flower. Oregon, meanwhile, lets adults posses up to 2 ounces in public. 

States often set different limits for different types of THC products, too. Ohio, for example, lets adults purchase up to 15,000 mg of THC across non-plant-material products. That includes THC gummies.

For context, our strongest Delta-9 Gummies come in packs of 100mg, each with ten servings.

States That Don't Allow CBD Gummies to Contain THC

Full-spectrum CBD products, including gummies, contain traces of THC. As mandated by the 2018 Farm Bill, these products must contain less than 0.3% THC. But that's still too high for some states.

Several states specifically require CBD products to have low or no THC. They include:

• Wisconsin
• Texas
• Tennessee
• Kentucky
• Iowa
• Indiana
• Georgia

Can CBD Gummies Cause a Positive Drug Test?

Hemp-derived CBD gummies with less than 0.3% THC will not have any psychoactive effects. But the presence of any THC, no matter how small, can still cause a positive result on a drug test.

How Much THC Do Broad-Spectrum CBD Gummies Contain?

The reason many people use full-spectrum CBD products is because of a powerful phenomenon known as the entourage effect. The presence of THC (and other cannabinoids) causes CBD to become more effective than it would be alone. 

That's why we offer various full-spectrum CBD products, like our Full-Spectrum CBD Tincture.

However, if you really don't want any THC at all, you can use broad-spectrum CBD. This type of CBD has had the THC removed. Other cannabinoids remain, though they can be damaged or degraded somewhat by the process that removes the THC. 

If that's more your style, consider our Broad-Spectrum CBD Tincture.

States That Allow CBD, But Not THC

Several states do have medical cannabis programs that forbid or restrict the use of THC. Instead, these states generally allow individuals to use only CBD Oil. They include:

• Georgia
• Indiana
• Iowa
• Kentucky
• Tennessee
• Texas
• Wisconsin

However, even here there is variation. Texas law, for example, does allow some patients to use low-THC gummies as part of a restricted Compassionate Use Program. 

States Without Legalized Medicinal Marijuana

As of 2025, medical marijuana is legal in most states (plus D.C. and several overseas U.S. territories). As such, it's easier to list the states that still have no medical marijuana program available. They are:

• Idaho
• Kansas
• Nebraska
• North Carolina
• South Carolina
• Wyoming

Where Are THC Gummies Illegal?

In most states, you can purchase THC gummies through recreational cannabis programs, with a medical marijuana card, or by purchasing hemp-derived THC gummies. 

However, there are a few states that crack down unusually hard on THC. In these states, it's very difficult (if not impossible) for THC to be legally purchased, no matter the method or origin.

They include:

• Idaho
• Wyoming (in 2024, it cracked down on hemp-derived THC products)
• Nebraska (except hemp-derived products with less than 0.3% THC, though the state is also considering stricter regulations for these, too)
• Kansas (except for hemp-derived THC products with less than 0.3% THC)
• North Carolina (hemp-derived THC gummies may be legal, but the state is considering harsher regulations)
• South Carolina

States That Ban Delta 8

More than a dozen states specifically ban or severely restrict Delta-8 THC. They include:

• Alaska
• Colorado
• Delaware
• Hawaii
• Idaho
• Massachussetts
• Mississippi
• Montana
• North Dakota
• Oregon
• Rhode Island
• Vermont
• Washington
• West Virginia

As you likely noticed, some of these states legalized recreational cannabis many years ago. This illustrates the complexity of marijuana laws. Just because you can consume THC in a state does not necessarily mean you can consume all kinds of weed edibles. 

Additionally, some states specifically prohibit hemp products from having more than 0.3% THC, no matter the kind of THC. In Virginia, for example, edible cannabis products must have a ratio of CBD to THC above 25:1. And in Michigan, only Delta-8 THC derived from marijuana is allowed. 

Bonus: Does CBD Smell Like Weed? What You Should Know

The Fine Line Between Medical Marijuana and Recreational Marijuana

States that permit marijuana gummies for medical purposes but do not permit recreational use can present a unique challenge. For example, what if your friend, who buys THC gummies for an approved medical use, offers you one?

Under state law, this could be illegal and get you into trouble.

Crossing State Lines (and State Laws)

Similarly, it's best to carefully check the legal status of THC gummies whenever you plan on crossing state lines. You might live in a state that allows the sale of THC gummies for recreational purposes, but the state next door might not. 

If you're unsure, try to follow local laws. Remember, possession of marijuana is often criminalized. So you may have purchased your THC gummies legally, but by bringing them into a jurisdiction that prohibits them, you could be breaking the law.

Potential Criminal Charges

The punishment you might face if detained for THC-related offenses can vary widely. Some states take a relaxed approach, while others are extremely strict.

The laws themselves can also differ from the reality on the ground. South Dakota, for example, has some of the strictest cannabis laws in the country. But actual charges have declined in recent years, and judges rarely impose the harshest penalties available to them.

Of course, that doesn't mean you should risk it. States like South Dakota may also lack a way for you to get rid of a marijuana charge once applied, even if it's later dismissed. The legal consequences of a marijuana charge, even if unfair or wrongly applied, can seriously negatively impact you.

In short, your best bet is to stick to licensed dispensaries (like ours) in states that have clearly legalized THC gummies, either from marijuana or from hemp under the 2018 Farm Bill. 

Where to Buy Legal THC Gummies

With all these confusing and sometimes conflicting laws, you might be wondering where, exactly, you can get THC gummies. 

First, we'll reiterate the importance of purchasing only from licensed dispensaries. Other manufacturers may be cheaper or more convenient for you, but they often don't follow the same strict regulations and quality control processes that licensed manufacturers use.

For example, some manufacturers may use cheaper extraction methods to obtain CBD and/or THC from hemp. These methods can result in residual chemicals being present in the final product.

At Clean Remedies, meanwhile, all products are tested by a third-party lab. You can check the results of these tests by consulting the Certificate of Analysis included with each product.

Online

We sell dozens of legal THC products online, including hemp-derived THC gummies, on our website. Pick out what you want and wait as it's delivered to your door. 

Just be careful not to purchase anything that is prohibited in your locality. 

In-person

We mentioned Ohio several times throughout this article. That's because we have a brick-and-mortar dispensary in Avon, Ohio, and a new one opening in Westlake, Ohio, in the very near future. Come on by to peruse and purchase our products, which include THC gummies and other hemp-derived products.

Conclusion

Cannabis laws are complex, occasionally conflicting, and constantly changing. It can be difficult to keep up with it all, but doing so is vital for your safety and peace of mind.

THC edibles are federally illegal but fully legal in about half of U.S. states. Almost all states allow for some kind of medical use of THC gummies, but specific conditions vary. And under the 2018 Farm Bill, hemp-derived THC gummies are generally considered legal, but some states have implemented their own stricter regulations.

Once you've determined the laws and regulations in your area, you can get started on the fun part: Choosing what THC gummies you want to try! Our grape-flavored THC gummies are a great choice, with each gummy packing 5mg of THC and 25mg of CBD. If you'd like something a little stronger, consider our watermelon-flavored THC gummies.

Keep Reading: How Much CBD Oil Can One Plant Produce?

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Clean Remedies is a woman-owned, independent family business that uses clean and natural hemp extract to create products that are free from harmful chemicals, cruelty-free, and made in the USA, meant to benefit your well-being and meet our own high standards of efficacy. For CBD facts, product discounts, and more, follow us on Instagram, Facebook, YouTube, LinkedIn, and Pinterest.