Delta-9 THC (hemp-derived): is it legal in your state?
Delta-9 THC (hemp-derived) is legal to sell at retail in 3 states, restricted in 24, in a gray area in 8 and illegal in 16 for vape / inhalable. Federal: federally restricted. Verified through October 25, 2026.
Select a state on the map or in the list for the controlling law, verbatim.
Hemp-derived delta-9 THC within the 0.3% dry-weight federal cap. State exposure runs through per-serving/per-package mg caps, total-THC basis definitions, licensed-channel requirements, and delivery-form rules. Form is a first-class determination dimension: the full product_forms matrix (vape, edible, tincture, capsule, powder, flower, drink, topical, raw_material, other) is tracked under this one compound because inhalable/smokable/beverage/ingestible forms diverge sharply in state hemp law (2026-07-18 re-verify expanded from vape+edible to all 10 forms).
Map shows vape / inhalable. Forms tracked: Vape / inhalable, Capsule / tablet, Beverage, Edible / ingestible, Flower / raw plant, Other, Powder / bulk, Raw material / RUO, Tincture / sublingual, Topical. Each state page lists every form.
Federal posture
Federally restricted. Hemp delta-9 THC vape - federally unscheduled inside the hemp definition; 0.4 mg per container cap lands Nov 12 2026 Federal detail and instruments
Pending deadlines
2026-11-12 · IL · Illinois Hemp Act: 0.4 mg per container cap, total THC, smokable and vape hemp banned (SB 3222 (P.A. 104-463)) Nov 12, 2026: the Industrial Hemp Act is repealed and replaced. Hemp is measured by total THC including THCA (0.3% dry weight); a final hemp-derived product over 0.4 mg combined THC and similar cannabinoids per container is not hemp and is treated as cannabis; final consumer products cannot be intended for smoking or vaping; cannabinoids made outside the plant are excluded; lab testing, child-resistant packaging and a manufacturer license apply. 21+ has applied since June 12, 2026. This Illinois date does not move with the federal Dec 11 delay.
2026-11-12 · MO · Intoxicating Cannabinoid Control Act, RSMo 195.900 (HB 2641 (2026)) Tier 1 (195.900.11(1)(a)) becomes marijuana-only, no contingency: synthesized or non-natural cannabinoids (HHC, converted D8, THCP, EPN class), THCA smokable flower or bud, solid edibles with hemp D9 above natural plant concentration. Manufacturing, testing, transportation and retail sale reserved to Article XIV licensees statewide; $5,000 per unit sold plus class D felony; AG has primary enforcement. No grandfathering or sell-through. Zero-THC products (0.4 mg or less total THC per container, no synthesized cannabinoids) are outside the mandate per the State's litigation position, ambiguous on the literal text. See law text RSMo 195.900 in the state drawer.
2026-11-13 · NJ · New Jersey: hemp THC drink sales end (P.L.2025, c.215 as amended by P.L.2026, c.7) Hemp-derived THC beverages may be sold through Nov 13, 2026; from Nov 14 a drink over 0.4 mg THC per container is a cannabis product (licensed cannabis channel only).
2026-12-11 · Federal · Federal hemp redefinition, Dec 11 piece: total THC 0.3% and 0.4 mg total THC per container (H.R. 6500 (Pub. L. 119-103) / Pub. L. 119-37 Sec. 781) Pub. L. 119-103 (continuing resolution, Sept 2, 2026) delayed the rest of the Pub. L. 119-37 sec. 781 hemp definition to Dec 11, 2026 (CRS IF13136, Sept 28, 2026): hemp is measured by total tetrahydrocannabinols including THCA (0.3% dry weight), and any final product over 0.4 mg combined total THC and cannabinoids with similar effects per container leaves hemp. A product that leaves hemp is marijuana, Schedule I, in every state.
Compound Analytics. "Delta-9 THC (hemp-derived) Legality by State (2026): Map, Verbatim Law, Deadlines." Compound Laws, https://compoundlaws.com/compounds/d9/. Accessed October 25, 2026.
Compound Laws, published by Compound Analytics, reports the record: statutes verbatim, official citations, enforcement facts and verification dates. Nothing here is legal advice and nothing here describes how to get around a law. A jurisdiction with no verified row is reported as not yet verified, never as legal. Found an error? Corrections policy.