which states is hemp legal in?

Is CBD Hemp Flower Legal in all Fifty States?

Right now you may be confused about CBD hemp flower and its legality in the 50 states of America.

CBD hemp flower is the flower of the CBD hemp plant that is left after the plant has been harvested, dried and cured. This means that all the excess leaves of the hemp plant are removed by hand or machine and only the flower is left. The CBD hemp flower contains the highest concentration of CBD. 

Is CBD hemp flower legal?
CBD Hemp Flower from Scotch Valley Ranch

The challenge is that hemp flower looks and smells like marijuana. 

Is Industrial Hemp the Same as Marijuana?

No!  Industrial hemp and marijuana are from the same plant species (cannabis sativa), but different varieties that have been developed for distinct purposes.

Marijuana is cultivated for the production of the psychoactive plant chemical tetrahydrocannabinol (THC). Industrial hemp is typically cultivated for fiber, seed, and cannabidiol (CBD) oil. Federal and state law requires that the concentration of THC must be less than 0.3% in industrial hemp.

Is Hemp Flower Actually Legal to Use?

The short answer is that the cultivation, production and use of hemp and CBD products are legal at a federal level, however, the legality varies by state. Not all states have made it legal. Depending on where you live, the state laws can be pretty confusing, and depending on the law smoking hemp or possessing could actually be illegal.

Current Hemp Flower Laws & Compliance

The Farm Bill passed in 2018 defines “hemp” as, in part, “acids, […] with a delta-9 tetrahydrocannabinol [(“THC”)] concentration of not more than 0.3 percent on a dry weight basis.”

Some states have interpreted the definition of hemp to mean that “only” the delta-9 THC content in hemp would be used in determining compliance with the state and federal statutes. However, other states like Oregon, interpret the federal statute to mean that because THCA is an acidic cannabinoid that “contains” THC, it must be added to the THC concentration to ensure that their total concentration does not exceed 0.3 percent.

Map of US States Hemp Legality

Is Hemp Flower Actually Legal in All 50 States?

Not by a long shot. CBD hemp flower is legal in 39 states and illegal in four states and Washington, D.C. In eight states CBD hemp flower legality is a gray area or in “legal limbo.”


  • Alaska
  • Arizona
  • Arkansas
  • Colorado
  • California
  • Connecticut
  • Florida
  • Georgia
  • Illinois
  • Iowa
  • Kansas
  • Kentucky
  • Maine
  • Maine
  • Maryland
  • Massachusetts
  • Michigan
  • Minnesota
  • Missouri
  • Montana
  • Nevada
  • New Jersey
  • New Mexico
  • New York
  • North Carolina
  • North Dakota
  • Oklahoma
  • Oregon
  • Pennsylvania
  • Rhode Island
  • South Carolina
  • Tennessee
  • Utah
  • Vermont
  • Virginia
  • Washington
  • West Virginia
  • Wisconsin
  • Wyoming


  • Idaho
  • Mississippi
  • New Hampshire
  • South Dakota
  • District of Columbia

Gray States:

  • Alabama
  • Indiana
  • Louisiana
  • Texas
  • Ohio
  • Delaware
  • Nebraska
  • Hawaii

Let’s look at the current CBD hemp flower laws and compliance. 

If your pure CBD is from hemp plants, it is federally legal. If it comes from a marijuana plant, it is illegal, since marijuana plants themselves are prohibited by the DEA.

Since 60-year-olds and older are the largest demographics using hemp-derived products as a replacement for pharmaceuticals, they will be the group to lobby for health insurance coverage.

CBD hemp flower is also being used for mental health and is replacing Prozac for anxiety.  Large CBD brands will commission research on CBD’s effectiveness so they can legally sell CBD flower in the US.

Since the laws about CBD are in flux, you should look up your state’s regulations on-line. We will keep you updated as we hear the latest news!


This information provides ion the website is intended for general informational purposes only and does not constitute legal advice. Consult with your own attorney in the relevant jurisdiction regarding the legality of products featured on this site and their use. Scotch Valley Ranch Hemp is not responsible for the accuracy or reliability of any advice, statement, opinion or other information made on this site. Information might not be up to date and is for reader convenience only. Information is provided “as is” and may not be updated as new information becomes available, even if that information contradicts information provided.  No representation is being made that the information is “error-free. Nothing on the website establishes an attorney-client relationship, as Scotch Valley Ranch Hemp is not an attorney. Scotch Valley Ranch Hemp disclaims all liability with respect to actions taken or not taken based upon the information provided.

Scotch Valley Ranch grows CBD hemp flower on our farm near the village of Hobart in Delaware County located in the spectacular Catskill Mountain range in upstate New York. We sell CBD hemp flower jars and prerolled CBD flower joints. We encourage you to learn more about us.

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