Are THC Gummies Legal?

• Updated August 20, 2024

• Published June 28, 2024

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There is no simple answer as to whether THC gummies are legal. Each state has specific laws addressing the legality of THC. Complicating the picture even more is that THC gummies may have THC derived from marijuana or industrial hemp plants, and that also influences legality. Full spectrum CBD products contain THC from the hemp plant, but there are also delta-9 THC gummies available that contain THC extracted from the marijuana plant, primarily for medicinal purposes. The following sections discuss these aspects of THC gummies and more.

TLDR (Too Long; Didn’t Read):

THC gummies are legal in most states when the THC is extracted from the hemp plant and not from the marijuana plant. In legal THC gummies, the amount of THC is no more than 0.3% because the 2018 Farm Bill classified industrial hemp as having no more than 0.3% THC on a dry weight basis. Some states do have marijuana medical laws that allow products made with THC extracted from the marijuana plant. Still, many restrictions exist concerning who can buy the products and how they are sold.

Understanding THC Gummies

The term “THC gummies” may refer to gummies infused with delta-9 THC extracted from the marijuana plant. They may contain as much as 20% THC, a psychoactive cannabinoid that can produce a high. There are also CBD gummies that are made with extra THC. Both cannabinoids are extracted from the hemp plant, so there is less than 0.3% THC in each gummy by law.

Gummies taste like candy and have the same texture as regular candy gummies. Depending on the type of product, they are infused with a marijuana or hemp plant oil extract.

Delta-9 THC is a natural compound found in the cannabis plant. For legal purposes, the cannabis plants were divided into two groups: marijuana (Cannabis Sativa L>) and industrial hemp (Cannabis Indica).

Since the major cannabinoids found in all cannabis plants are CBD and THC cannabinoids, the industrial hemp plant was defined in the 2018 Farm Bill as having less than 0.3% THC by dry weight. Marijuana is a cannabis plant that naturally has a higher amount of THC.

Cannabinoids like THC interact with the endocannabinoid system’s receptors. Since THC causes people to experience a high, it is highly regulated.

Are THC Gummies Legal?

The laws have created confusion across the country. CBD is legal, but THC legality depends on several factors, including the plant source and whether you are talking about federal law or state laws.

Current Legal Status of THC Gummies

At the federal level, marijuana, which contains high amounts of THC, is illegal. It is listed as a Schedule 1 drug under the Controlled Substances Act. This category defines Schedule 1 substances as drugs not having medical use and having a high abuse potential.

The Department of Justice has proposed to reschedule marijuana (Cannabis sativa L. plant) from a Schedule I controlled substance to Schedule III. The final rule issuance waits for stakeholders to comment, and they have until July 22, 2024. Schedule III drugs are considered to have less potential for abuse and dependence. The proposed change does not apply to synthetically derived THC, which is also a Schedule I drug.

Marijuana is illegal at the federal level, but most states have passed laws and issued regulations concerning the legality of THC and CBD products with THC.

State Specific Regulations

What are the THC gummies’ legal states? Each state has laws governing products containing THC, like THC oil and THC as a component of CBD products. In the states allowing THC and products containing this compound, the use is controlled by ‘medical marijuana’ laws. These laws typically require the marijuana user to get a doctor’s prescription to gain access.

In the CBD marketplace, THC gummies are not sold because they are not legal. Instead, there are CBD gummies with THC that are kept within the legal limit.

The legal status of CBD+THC gummies varies from fully legal to legal with conditions to illegal, creating a lot of confusion. The THC laws in six states as of June 2024 are used as examples to demonstrate the differences.

FAQs About THC Laws in the US States

Each state has laws that are subject to change during any legislative session. The laws are complex, and you should make sure you know your state laws concerning CBD and THC. The majority of states have made Delta-9 THC gummies legal as long as the THC is extracted from the hemp plant and is less than 0.3%.

Products with more than 0.3% THC may be fully legal or conditionally legal. The states where it is conditionally legal have medical marijuana laws and requirements for the purchase of products like cannabis-derived THC gummies. Idaho is the most restrictive state because all products must be 100% free of THC, and in Nebraska and Kansas, cannabis or marijuana-derived products are illegal even for treating medical conditions.

To reiterate, state laws are frequently changing as legislators struggle to balance the desire to make cannabinoids available to consumers who believe they help their needs with the need to regulate the market to ensure CBD plus THC meets federal regulations per the 2018 Farm Bill and each three-year revision.

Are CBD + THC Gummies Legal?

CBD gummies with THC are federally legal if extracted from the hemp plant and not the marijuana plant. The hemp plant is specially cultivated to meet legal requirements for the allowed maximum THC amount, which is 0.3%. Suppose a state like Wisconsin says marijuana is not legal for any amount of medicinal or recreational use. In that case, CBD + THC gummies are not legal at the state level because THC is not legal.

Full spectrum CBD gummies will contain some THC because all the cannabinoids, terpenes and flavonoids are extracted from the hemp plant. Broad spectrum CBD may be THC-free or may have a trace of THC.

How Much THC is Legal in Gummies?

CBD gummies are available with different THC potencies, but there cannot be more than 0.3% THC per gummy to remain federally legal.

For example, you can purchase THC gummies that are CBD oil extract gummies with 5 mg or 10 mg of THC per gummy, but there is less than 0.3% THC in each gummy. The second gummy is larger, so 0.3% yields more THC.

Where to Buy THC Gummies?

You have seen CBD with THC gummies selling in a variety of places, including convenience stores, grocery stores, department stores and pharmacies. The best place to buy THC gummies that you know are high-quality and legal is through an online marketplace that carries multiple brands. You can access the link to the Certificate of Analysis and determine how much THC is in each CBD gummy.

Conclusion

In the United States, the legality of THC gummies depends on both federal and state laws. However, any state allowing THC in gummies has two requirements.

One is that THC must be extracted from the hemp plant. The second is that THC in each gummy cannot exceed 0.3% THC.

Some states have legalized medical marijuana, but the THC gummies or THC oil is only available to patients with pre-approval from a doctor. The legal landscape for THC products is dynamic and subject to change. It is crucial to check the most current state laws and regulations regarding the use and purchase of THC gummies in your specific location.

Sources

1. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10369762/
2. https://www.dea.gov/sites/default/files/2020-06/Marijuana-Cannabis-2020_0.pdf
3. https://www.mwe.com/insights/doj-proposes-to-reschedule-marijuana-cannabis-to-schedule-iii/
4. https://georgiastatecannabis.org/thc/delta-9
5. https://ohiostatecannabis.org/thc/delta-9
6. https://texascannabis.org/thc/delta-9
7. https://floridastatecannabis.org/thc/delta-9
8. https://virginiastatecannabis.org/thc/delta-9
9. https://wisconsinstatecannabis.org/cbd

About the Author

Michael Levin

Michael Levin is a CBD enthusiast, a researcher, writer and editor in the cannabis space, experienced CBD user and educator. He believes CBD can help improve our overall health and wellbeing.

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