Are Edibles Legal? What States Ban THC Gummies?

Yes, edibles are legal. 

Keep in mind, however, that the legality of weed edibles all depends on where you live and the type of weed edible it is. Recreational and medical marijuana edibles are only legal in certain states. 

But this doesn’t mean you can’t legally experience the euphoric effects cannabis is famous for outside these states. You just need to know what to look for. 

At Nature and Bloom, we want your experience with cannabis products to be the best it can possibly be. This is why we’re sharing the most up-to-date information about the legality of edibles throughout the US at both a state and federal level.

This guide will explore exactly where marijuana edibles are legal in the US, as well as where you can find legal hemp-derived edibles that offer similar euphoric effects.

Key Takeaways: Are Pot Gummies Legal

• Marijuana edibles are legal in most states that have passed recreational and/or medical marijuana laws. 
• Hemp-derived edibles that contain less than 0.3% Delta 9 THC are federally legal. 
• Purchasing hemp-derived edibles online is legal in most states. 
• Hemp-derived Delta 9 edibles purchased online that contain less than 0.3% D9 THC on a dry weight basis are the same as marijuana-derived edibles you might purchase in a medical or recreational dispensary.

In What States Are Edibles Legal in 2024 

Basically, there are two types of edibles: marijuana-derived edibles and hemp-derived edibles. 

Marijuana edibles have a D9 THC concentration higher than 0.3%. They are only legal in states that have passed medical and/or recreational marijuana laws. 

Marijuana edibles are legal for recreational use in the following states: 

• Alaska
• Arizona
• California
• Colorado
• Connecticut
• Illinois
• Maine
• Maryland
• Massachusetts
• Michigan
• Missouri
• Montana
• New Jersey
• New Mexico
• New York
• Nevada
• Oregon
• Rhode Island
• Vermont
• Virginia
• Washington

Marijuana edibles are legal for medicinal use in the following states: 

• Alabama
• Arkansas
• Delaware
• Florida 
• Hawaii
• Louisiana
• Minnesota
• Mississippi
• New Hampshire
• North Dakota
• Ohio
• Oklahoma
• Pennsylvania
• South Dakota
• Utah
• West Virginia

Hemp-derived edibles, on the other hand, are legal in nearly every state. To meet federal guidelines, hemp-derived edibles must contain less than 0.3% D9 THC on a dry-weight basis. 

Hemp-derived edibles can induce similar euphoric effects to marijuana edibles and are widely available to purchase online and at smoke shops and gas stations nationwide.

Is It Legal To Buy Edibles Online? 

Yes, it’s legal to buy edibles online. 

Thanks to the 2018 Farm Bill, hemp—and all hemp-derived products, including hemp THC gummies—are legal at the federal level. They just have to have a delta 9 THC concentration of 0.3% or less on a dry-weight basis. 

While states can make their own laws, most have enacted hemp legislation similar to the Farm Bill. As a result, you can legally buy hemp-derived edibles in most states. 

This also means there’s more products than ever to choose from. With so many different hemp brands and products to choose from, purchasing safe, high-quality edibles can be tricky. 

Basically, there are two types of hemp-derived cannabis edibles: THC isomers and edibles with less than 0.3% D9 THC on a dry-weight basis. 

There are more restrictions on edibles made with THC isomers compared to products with less than 0.3% D9 THC. 

THC isomers face more like restrictions nationwide, and are banned in more states than hemp-derived edibles. Essentially, THC isomers are made by chemically converting natural cannabinoids into a different cannabinoid. 

Take Delta 8 THC for example. Through the process of isomerization, hemp cultivators use solvent, acid, and heat to chemically convert CBD into D8 by changing the structure of the molecule.

This isomerization process can be used to create a number of THC isomers, such as the popular novel cannabinoids THC-O and HHC. Both are considered synthetic or semi-synthetic, as they’re made chemically by manipulating other cannabinoids. There are several states that have banned cannabinoids created through isomerization. 

Hemp-derived edibles that contain less than 0.3% Delta 9 THC on a dry-weight basis are much less restricted. As long as they’re within the legal THC limit, they’re legal to sell and purchase across the US. 

Yes, 0.3% seems like a tiny amount. Here’s where things get interesting. Because of the phrase “dry weight basis,” hemp-derived edibles can pack a serious punch. 

For example, a 100 gram brownie can contain up to approximately 300 mg D9 THC and still be in the legal limit of less than 0.3% THC on a dry-weight basis. This amount, which is legal under the Farm Bill, is enough to psychoactive and euphoric effects. 

The same goes for hemp-derived gummies. If your gummy weighs 3.3 grams, it can contain up to approximately 10 mg D9 THC and will not break the concentration limit of 0.3% on a dry-weight basis.

Hemp-derived delta 9 THC is no different from delta 9 derived from marijuana THC. Essentially, these edibles are exactly the same as regular edibles that you might find in a marijuana dispensary—as long as you buy from a trusted brand. 

How do you find brands you can trust in the hemp space?

One of the biggest things to look for is third party lab testing. When purchasing hemp products online, be sure to check if products are third-party tested with Certificates of Analysis (COAs) that are easily accessible on the brand’s website. 

These documents are the only way to ensure your products are safe. Always insists on hemp products that have been third party tested with COAs to prove it. If a product doesn’t have a COA, it’s best to find another product.

Wrapping Up: Legal Edibles

It’s true. Edibles infused with Delta 9 THC are legal in US states that have passed medical and/or recreational marijuana laws. 

Hemp-derived edibles that contain less than 0.3% Delta 9 THC on a dry-weight basis are federally legal and in almost every state. 

If you’re interested in purchasing legal edibles, always check with local state laws to determine if your marijuana and hemp products are legal. Remember, if you live in a state where recreational or medical marijuana is illegal, it’s likely that hemp-derived edibles are legal to purchase and consume. 

When purchasing hemp-derived edibles online, always buy from trustworthy brands with products that are third party tested. Because the hemp industry is still largely unregulated, COAs are the only way to ensure safety and quality.

Frequently Asked Questions

Where can you buy edibles legally? 

Recreational marijuana edibles are legal in states that have passed recreational cannabis laws. 

Medical marijuana edibles can be legally purchased with a medical marijuana card in states that have passed medical marijuana laws.

Hemp-derived edibles that contain less than 0.3% THC on a dry-weight basis can be legally purchased in nearly all states nationwide.

Can you get in trouble for edibles?

As long as your edibles have a delta 9 THC concentration of 0.3% or less, they’re legal to consume almost everywhere in the United States. 

When consuming edibles derived from marijuana, be sure to check local state laws to ensure you’re not in possession of an illegal substance.