Where Can Hemp THC Products Legally Ship?

"Hemp is federally legal" is true and it is also one of the more misleading sentences in this industry, because it implies a settled national position that does not exist. Federal law sets a floor. States build on top of it, and several of them have built walls.

This is a practical guide to why a hemp product can be perfectly lawful to manufacture and still be something we will not put in a box addressed to you.

The Federal Baseline

The 2018 Farm Bill removed hemp from the Controlled Substances Act, defining it as cannabis containing not more than 0.3% delta-9 THC by dry weight. Everything at or under that line is hemp. Everything above it is marijuana, federally controlled.

Two features of that definition drive nearly all the complexity that follows.

It measures a concentration, not a quantity. The threshold is a proportion of the product's weight. A heavier product can therefore carry more total THC while remaining under 0.3%. This is not a loophole anyone is hiding — it is how the statute is written — but it means "compliant" and "low dose" are not the same claim, and a great many buyers assume they are.

It names delta-9 specifically. Other cannabinoids are not addressed by that number, which is the gap delta-8 and its relatives were built in. We went through that in the isomers guide.

Crucially, the Farm Bill did not stop states from regulating hemp more strictly within their own borders. Many have.

The Four Ways a State Restricts Hemp

State restrictions are not uniform, and knowing which kind you are dealing with is more useful than memorising a list.

1. Total-THC caps

Some states cap the total THC in a product, or cap milligrams per serving or per container, rather than only the dry-weight percentage. A product can sit comfortably under 0.3% by weight and still exceed a state's milligram limit. This is the most common reason a compliant product cannot legally ship somewhere.

2. Outright bans on intoxicating hemp

Some states have prohibited hemp products intended to be consumed for psychoactive effect, regardless of the delta-9 percentage.

3. Isomer-specific bans

A large number of states have specifically restricted delta-8 and other converted cannabinoids while leaving hemp-derived delta-9 alone — or occasionally the reverse.

4. Format bans

Smokable hemp flower is banned in several states that permit other hemp products, largely because it is visually indistinguishable from marijuana and creates enforcement difficulty. See the flower guide for more on that category.

Where We Do Not Ship

Our products contain more than 0.3% total THC by weight of the gummy, so we do not ship to states whose law prohibits that. As of this writing:

Arkansas, Hawaii, Idaho, Kansas, Louisiana, Oklahoma, Oregon, Rhode Island, Utah, Vermont, Wyoming.

Those states are not selectable at our checkout, and the restriction is also enforced on our server, so an order cannot be placed for one by working around the form. If an order somehow reaches us for a restricted address, it is cancelled and refunded in full rather than shipped — see our shipping policy and refund policy.

Some of those states will surprise people, and Oregon is the one that surprises most. Oregon has a mature legal cannabis market, and the intuition is that a permissive cannabis state must be permissive about hemp. The opposite is often true: states with regulated cannabis programmes frequently impose strict limits on intoxicating hemp precisely because it competes with a licensed, taxed system. Legal cannabis and legal hemp are separate regulatory tracks, and one does not imply the other.

How to Check Your Own State

If you want to verify rather than take anyone's word:

1. Start with your state's Department of Agriculture. Hemp is an agricultural commodity and this is usually where the programme lives.
2. Then check the health department or equivalent, which typically governs consumable hemp products — often the stricter of the two.
3. Look for a total-THC or per-serving limit specifically, not just a repetition of the 0.3% figure. The milligram limit is what actually determines whether a given product is permitted.
4. Check the date on whatever you find. Guidance pages go stale, and a page describing the law in 2024 may not describe it now.
5. Note that city and county rules exist too, and are occasionally stricter than the state.

If the answer is genuinely unclear after that, an attorney in your state is the right call. We are not able to give you legal advice about your situation, and neither is any other retailer.

Travelling With Hemp Products

Crossing a state line changes which law applies to you, and a product bought lawfully in one state can be unlawful in your possession in the next.

On flying: TSA screens for security threats rather than for drugs, and its published guidance permits hemp-derived products meeting the federal definition. But TSA refers suspected violations to law enforcement, and once that happens the applicable law is whichever state you are standing in. Keeping the original labelled packaging and the batch COA is sensible — it will not settle a legal question, but it does document what you believed you were carrying.

International travel is a different matter entirely. Many countries prohibit any THC regardless of source, and penalties can be severe. Do not assume US rules travel with you.

Why We Publish the Restricted List

A retailer has two options here. Accept every order and let the problem be the customer's, or refuse the ones that cannot lawfully be fulfilled and say why.

The first is easier and better for short-term revenue. It also means someone in Vermont pays for a product that either gets seized, gets returned, or arrives and creates a problem that is now theirs. We would rather lose that order at the checkout screen.

It is the same reasoning behind publishing batch lab results and telling you plainly that these products can fail a drug test. A sale that depends on the customer not knowing something is not a sale worth having, and every other claim we make is worth less if that one is not true.

This article is general information, not legal advice. Hemp law changes frequently and varies by state and locality. Verify your own jurisdiction before ordering.