are thc gummies legal · cbd legality · thc gummies · thc gummies legal · thc legality · Aug 19, 2025

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.

Key Takeaways:

Under the 2018 Farm Bill, THC edibles made from hemp are federally legal, since they contain less than 0.3% THC by dry weight.
Marijuana is considered federally illegal, meaning marijuana-derived THC edibles are federally 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.
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 or hemp edibles 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 restricted in certain jurisdictions.

Are THC Gummies Legal? The Legality of Cannabis Edibles

Are edible gummies legal? Are Delta-9 gummies legal? Are hemp gummies legal? Let's go over all of these questions and more!

Over the last decade, the legal landscape surrounding THC and marijuana 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.

Marijuana-Derived vs. Hemp-Derived THC Gummies

In 2018, Congress passed the Farm Bill. This landmark legislation legalized hemp and hemp-derived products, including hemp-derived THC edibles.

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

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

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 just a type of Cannabis sativa plant. The only distinction is the THC content. Hemp plants can contain many other hemp-derived 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, CBD and THC gummies derived from hemp are also legal. These "hemp edibles" might be functionally identical to marijuana-derived THC edibles — but because of their origin, they are federally compliant.

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.

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 adhere to the 2018 Farm Bill that allows for hemp-derived THC gummies.

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Delta-9 THC

Manufacturers can and do create Delta-9 THC products using hemp. They are very similar to marijuana-derived THC products. But because they are derived from hemp, they are federally compliant. (Clean Remedies doesn't use marijuana-derived THC products - we use only hemp-derived products to ensure we align with federal regulations.)

That's why we offer a range of Delta-9 THC products, from legal THC gummies to cannabis oil to 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 and marijuana-derived THC for recreational use. Ohio holds a special place in our hearts - it's where Clean Remedies is based, and where our dispensary is located!

In other words, the legal landscape is constantly evolving and will likely continue to do so. It's important to keep up-to-date with the laws and regulations surrounding THC, so you don't get left 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 possess 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 10mg per gummy, with 10 gummies in each bag.

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 by dry weight. 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

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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 products or 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. That means the medical marijuana laws in these states prohibit medical marijuana. 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 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

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The Fine Line Between Medical Marijuana and Recreational Marijuana

States that permit weed gummies for medical purposes but do not permit weed gummies for 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, check your local laws. Remember, possession of marijuana or marijuana-derived THC can be illegal under local laws. So you may have purchased your hemp-derived THC gummies legally, but by bringing them into a jurisdiction that prohibits them, you could be breaking the law.

Where to Buy Legal THC Gummies

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

First, we'll reiterate the importance of purchasing only from licensed dispensaries and reputable brands. 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 cannabis products and hemp products undergo third-party lab testing. You can check the results of these tests by consulting the Certificate of Analysis included with each product.

Plus, all of our products (including our Delta 9 THC products and THC edibles) are all hemp-derived, meaning they are all considered federally legal. Based on our experience operating a licensed dispensary and shipping hemp-derived products nationwide, legality is a big concern we hear from shoppers.

"We decided to go into a hemp-based business because we really wanted to develop a more natural alternative to big pharma," explains Meredith Farrow, founder of Clean Remedies. "We wanted to help people who were having mental and physical health ailments and give them a more natural option."

Online

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

In-Person

We mentioned Ohio several times throughout this article. That's because we have a brick-and-mortar dispensary in Avon, Ohio. Come on by to peruse and purchase our products, which include THC gummies and other hemp-derived THC 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. Keep in mind this information is based on current federal law and state statutes as of 2025.

Hemp-derived THC edibles are federally legal, but local regulations and laws can vary. Almost all states allow for some kind of medical use of THC gummies, but specific conditions vary.

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 gummies with Delta 9 THC are a great choice, since they are discreet, convenient, and delicious.

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

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Frequently Asked Questions

Will the New 2026 Farm Bill Ban THC?

There is a new federal government funding bill that will introduce a strict ban on many hemp-derived products, including hemp-derived THC edibles. As of right now, this law has not gone into effect but is slated to on November 12, 2026. This law will change the limit for hemp-based products from 0.3% Delta 9 THC to a "total limit" of 0.4mg THC per container.

What States Allow THC Gummies?

Most states allow for THC gummies, since THC edibles and gummies are federally legal if they contain less than 0.3% Delta 9 THC by dry weight.

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.

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.