Cannabis has a complex legal status in many countries, particularly in the United States, where each state has its own regulations regarding medical and adult use. The emergence of hemp-derived products such as delta-8 THC and CBD adds further complexity to understanding legalities, especially when crossing state lines.
Staying informed about the latest developments in cannabis legislation can be challenging. Therefore, we have compiled a comprehensive overview of the legal status of THC, CBD, delta-8, and other hemp-derived cannabinoids globally.
Legal Status of Hemp-Derived Cannabinoids
CBD: CBD derived from hemp is legal across the United States due to the 2018 Farm Bill, which defines hemp as cannabis containing less than 0.3% THC. However, CBD sourced from cannabis with THC levels above this threshold remains federally illegal.
Cannabis with THC concentrations over 0.3%, along with any CBD derived from such plants, continues to be classified as a Schedule I substance.
Delta-8: Under the 2018 Hemp Bill, delta-8 is federally legal; however, several states—including Alaska, Colorado, and New York—have enacted bans on this substance.
THC-O: THC-O is federally legal and available in 38 states. Certain states, including Colorado and Utah, impose restrictions on cannabinoids legalized under the 2018 Farm Bill.
Adult-Use Cannabis Legislation
As reported by the National Conference of State Legislatures, 19 states and the District of Columbia have legalized cannabis for recreational use. While cannabis flower and extracts containing over 0.3% delta-9 THC remain illegal federally, states permitting the manufacturing and sale of such products include:
- Alaska
- Arizona
- California
- Colorado
- Connecticut
- Illinois
- Maine
- Massachusetts
- Michigan
- Montana
- New Jersey
- New Mexico
- New York
- Nevada
- Oregon
- Rhode Island
- Vermont
- Virginia
- Washington
Residents in states like Arkansas and South Dakota will vote on recreational cannabis amendments in November.
Medical Use of Cannabis: As of July 2022, 38 states have authorized the medical use of cannabis in varying capacities, including:
- Alaska
- Alabama
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Guam
- Hawaii
- Illinois
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Mississippi
- Missouri
- Montana
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Puerto Rico
- Rhode Island
- South Dakota
- U.S. Virgin Islands
- Utah
- Vermont
- Virginia
- Washington
- Washington D.C.
- West Virginia
Global Cannabis Regulations
International CBD Legislation: Numerous countries have legalized CBD for cosmetic, food, and recreational purposes. Notable examples include:
- Poland – THC < 0.2%
- Germany – THC < 0.2%
- Austia – THC < 0.3%
- France – THC < 0.00%
- UK – THC < 0.2%, as a dietary supplement
Delta-8 remains uniquely defined in the U.S., as most other countries categorize it as a cannabis product.
Medical Cannabis by Country: Countries that permit cannabis or cannabis-derived products for medical use include:
- Argentina
- Australia
- Brazil
- Canada
- Germany
- Israel
Decriminalization Status: Various countries have decriminalized cannabis, indicating that use is not prosecuted but may not allow for legal sales. Countries include:
- Argentina
- Australia
- Belgium
- Luxembourg
- Mexico
Adult-Use Legalization: A limited number of countries have fully legalized cannabis for recreational use, including:
- Canada
- Malta
- Mexico
- Thailand
- Uruguay