Is Hemp Flower Legal? 50 States Hemp Laws 2020

USA Hemp Laws

Wondering if hemp flower is legal in your state? Find your state in the list down below and learn if you are living in a hemp-flower friendly state. 

CBD flower is a fantastic, non-intoxicating herb with great benefits that looks and smells like marijuana. And although people love hemp flower and it’s legal on a federal level, some states have decided to ban smokable flower.

Overview of Federal Hemp Flower Laws

The signing of the 2018 Farm Bill put hemp among other agricultural commodities. The plant lost its status as a Schedule I drug from the Controlled Substances Act due to its non-intoxicating properties.

Compared to marijuana and marijuana-derived products, which are illegal on a federal level, the bill states that hemp-derived products with less than 0.3% THC are legal. [1]

The new law proposed for state governments to regulate hemp production. Some states immediately passed hemp bills, some allowed hemp production but banned products derived from the plant, and others are still making progress.

The situation with hemp is complicated and brings lots of unknowns for the consumer. If we are considering the definition of hemp given in the Hemp Farming Act:

The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis,” then we can conclude that makes hemp flower legal. [2]

What about CBD smokables?

As of writing this article, the FDA hasn’t issued a statement on smokables, including vape pens, hemp cigarettes and hemp pre-rolls.

So, until clear guidelines are provided, distributors may mitigate the risk of offering CBD smokables as hemp-derived products to consumers by not making any medical claims. [3]

This means that hemp flower laws vary in each state, but the hemp bud is mostly unregulated.

Is Hemp Legal in My State?

So far,  more than 40 states have legalized hemp. Some states allow hemp production for research purposes only, while others ban it altogether.

Hemp Laws by State

Friendly States

These states have legalized hemp production for commercial purposes. Updates on hemp production are constantly made, but in these states, you can legally buy hemp-derived products with less than 0.3% THC.

  1. Alaska
  2. Arizona
  3. Arkansas
  4. Colorado
  5. California
  6. Connecticut
  7. Florida
  8. Georgia
  9. Illinois
  10. Iowa
  11. Kansas
  12. Kentucky
  13. Maine
  14. Maryland
  15. Massachusetts
  16. Michigan
  17. Minnesota   
  18. Missouri
  19. Montana
  20. Nevada
  21. New Jersey
  22. New Mexico
  23. New York
  24. North Carolina
  25. North Dakota
  26. Oklahoma
  27. Oregon
  28. Pennsylvania
  29. Rhode Island
  30. South Carolina
  31. Tennessee
  32. Utah
  33. Vermont
  34. Virginia
  35. Washington State
  36. West Virginia
  37. Wisconsin
  38. Wyoming

Gray States—Unclear Laws; Some Hemp is Allowed

These states have legalized hemp production, but the use of hemp-derived products such as CBD flower and other CBD products are unclear or banned.

  1. Alabama—hemp is allowed to grow for research purposes under the 2014 Farm Bill and the 2016 Alabama Industrial Hemp Research Program Act. This is until the USDA provides rules and regulations regarding the 2018 Farm Bill. That being said, CBD is legal in Alabama.
  2. Indianagrowing hemp is legal in Indiana, with the exclusion of hemp flower. As of July 1,  2019, hemp flower became illegal in Indiana. [4]
  3. Louisianathe state legalized hemp farming in June 2019, but banned smokable hemp and limited the sales of CBD. [5]
  4. Texascommercial hemp is legal to grow, but the smokable flower has been banned. [6]
  5. Ohio—the proposed Bill to legalize hemp and hemp-derived products, such as CBD, is a currently steps away from passage.
  6. Delaware—hemp is a commodity in Delaware. However, the state hemp program doesn’t allow cultivation of hemp for commercial purposes in 2019. The state also cannot advise that a market will exist for hemp growers or processors to sell their crop.
  7. Nebraska—the governor signed the hemp farming act, giving farmers an opportunity to grow hemp. Both CBD and hemp flower shops have started opening in the state. However, the status of hemp-derived products is still uncertain.
  8. Hawaii

States Where Hemp is Illegal to Grow

In these states, the efforts to pass hemp laws that allow commercial hemp farming have failed several times. Commercial hemp is illegal in:

  1. Idaho
  2. Mississippi
  3. New Hampshire
  4. South Dakota
  5. District of Columbia

What the New Laws Mean for Hemp

The new law opens various possibilities not only for hemp consumers but farmers as well.

Hemp can be used as medicine, for food, beverages, furniture, and even car parts, making the crop a great new alternative to elevating farming and agriculture.

The most notable change is that hemp is now an agricultural commodity. According to the Bill, any product, including hemp-derived CBD, that comes from hemp is legal.

That being said, state governments can impose stricter limitations on hemp-derived CBD products.

So, even though compounds that are derived from hemp are legal, there are some gray areas due to the law still not being explicit.

The intent behind the Farm Bill is to legalize hemp and its derivatives. However, the FDA has still yet to give official guidelines in regulating hemp-derived CBD infused products placed on the market.

The FDA hasn’t approved of sale and marketing of CBD-infused food and dietary supplements. CBD is not allowed to be put into alcoholic beverages and hemp smokables can be an issue because of the resemblance of hemp flower to marijuana. [7]

Things To Be Aware of When Purchasing Hemp

Online Purchasing

Online purchasing has been safer for hemp flower users. Due to the resemblance to marijuana, some owners of stores that sell different hemp-derived products, including hemp flower, have gotten in trouble.

That being said, owners have not been convicted because hemp flower is legal according to the Farm Bill.

When you buy from, your items are discreetly delivered straight to your door.

Use a Reliable Seller

Using a reliable seller is the most important thing. You do not want to get involved with companies that sell hemp flower with levels of THC higher than 0.3%, which are considered marijuana.

If you live in a state that has neutral to very strict laws, make sure to choose a reliable supplier that will include a section of the Farm Bill inside your order, to mitigate risk. is your reliable source of hemp flower. Check out our third-party lab tests and hemp production and rest assured you are getting hemp and not marijuana.

Be Discrete

Hemp flower looks and smells like marijuana, so the two get easily confused by the authorities.

Even if your state has the friendliest laws on hemp flower, if marijuana is considered a drug, possession of hemp flower may get you in trouble.

So, try not to drive with it, show it, smoke it, or offer it to others in public.

Organic Hemp Flower

The hemp market is growing and, unfortunately, is heavily unregulated. Therefore, you want to use a plant that has been grown organically and doesn’t contain any pesticides or other harmful chemicals. offers you organically grown hemp flower sourced from the best producers in the industry.

FAQ On Hemp Flower Laws

Hemp flower is legal on a federal level, it’s up to each individual state to determine their own hemp laws. If you live in a state where hemp flower is explicitly stated to be illegal then ordering and possessing hemp flower is considered illegal and you tisk legal charges and fines. does not ship hemp flower to any state where hemp flower is considered illegal. 

No, you don’t need a special license or prescription to buy hemp buds. But, in some states, you have to be over 18 or over 21 to even enter a hemp flower dispensary.

Last year, Montana was in the lead with 22,000 acres, followed by Colorado and Oregon. North Carolina had a huge leap from 956 acres in 2017 to 3,184 acres in 2018.

Yes, you can. Most producers sell their CBD flowers in all 50 states while referring to the 2014 or 2018 Farm Bills. Reliable suppliers like include a notice to law enforcement in each shipment.

The Bill has not addressed the federal law regarding residential growing of hemp. You can be allowed to grow hemp only with a license from the state department of agriculture, which comes with plenty of requirements.

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