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Are THC Gummies Legal?

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While the stigma around products derived from the cannabis plant is changing in a positive direction, THC products are still not legal everywhere around the country. However, some important distinctions affect the legal status of THC products. 

For instance, medical cannabis may be legal in more states. However, recreational cannabis with a high THC content still has a long way to go. That’s why these distinctions are important to understand. If you live in a state where medical or recreational cannabis is not legal, hope is not all lost. Cannabis plants come in different varieties, and one of these varieties, hemp, has a lot more clearance than the most traditional one — marijuana. 

Let’s discuss the nitty-gritty about the legal status of THC gummies and what is and isn’t in compliance with the Controlled Substances Act. 

Are THC Gummies Legal?

As we said, there are different regulations on different cannabis products. It depends on the concentration of THC the product contains and where you live. For a THC product to be federally legal, it must contain 0.3% THC by dry weight. Many brands adhere to this limit to make their products more accessible, but it varies from brand to brand, and you will have to check with your local laws before purchasing any product with THC in it. 

Several states have completely banned THC, so THC gummies are not legal in those states. 

Checking out a map that shows the legal status of each state is crucial, but in case you want a quick answer, the following states have banned THC: Idaho, Wyoming, Nebraska, Kansas, South Carolina, and North Carolina. 

Medical cannabis is also a different conversation than recreational cannabis. Many states that don’t allow recreational cannabis still allow medical cannabis. In fact, 38 states have legalized medical cannabis. In comparison, only 24 states have legalized recreational cannabis use. If you want cannabis for medical purposes, then you will have to pursue that route with a healthcare professional authorized to prescribe medical cannabis. 

So, when we talk about the legality of THC gummies, it’s better to focus on the majority of users who want to obtain THC edibles for recreational purposes. For those users, we recommend hemp-derived THC products that comply with the federal limit.  

Are CBD + THC Gummies Legal?

Woman holding gummies in a THC bottle

The 2018 Farm Bill set the regulations for this content percentage, as well as differentiated hemp-based THC products versus marijuana-derived THC products. That means that products derived from hemp, like the THC gummies we are focusing on in this article, are federally legal as long they contain no more than 0.3% THC.  

Full spectrum CBD gummies, like the Full Spectrum Neurogan CBD for Sex Gummies, contain THC, but in trace amounts so that the product is federally compliant. The THC found in these gummies is often too low of a dose to produce psychoactive effects as well. Many studies demonstrate that there are many potential benefits when taking CBD and THC together [1].

Are Edible Gummies Legal?

THC edibles, such as edible gummies, are legal if they contain a complaint amount of THC (less than 0.3%). There are edible gummies that are hemp-derived and not marijuana-derived, so many THC gummies are still federally legal.

However, if you live in a legal state, then you can go to your local dispensary and find edible gummies with a higher THC content than the federally compliant limit. These kind of edibles are usually referred to as weed edibles. They often contain marijuana-derived THC.   

Where Can You Buy Legal THC Gummies?

Woman purchasing online on her laptop while holding her credit card

The 2018 Farm Bill made it legal to buy THC gummies in the United States as long as they adhere to the regulations. We already mentioned the states above where THC is not legal, but outside of those states, you can purchase THC gummies as long as they are Farm Bill compliant.

You can buy legal THC gummies online for pain through brands’ websites, cannabis delivery services, or in-store at local licensed dispensaries. 

You should also be careful and aware that even if a product contains trace amounts of THC, meaning 0.3% dry weight or less, you can potentially fail a drug test. Even in areas where it is legal to purchase and consume THC, employers and other entities may still require a drug test. If you are anticipating a drug test, then it is best to stick with CBD gummies that don’t contain any TH, like our THC-free broad spectrum CBD gummies

How Much THC is Legal in Gummies?

Mallet on top of a USA flag

Federally legal cannabis gummies can only contain up to 0.3% THC by dried weight. This means the mg can fluctuate depending on how large the gummy is. 

If you live in a state where consuming more than this amount is legal, then you may find gummies with a much higher THC content around you. However, if you live in one of the states we mentioned earlier, where THC is completely banned, then you’ll find CBD gummies that contain 0% THC & won't get you high.     

How Are Strong THC Gummies Legal?

When looking at THC gummies, you may often see them described as “strong” or “potent.” And if you’re living in a state where recreational or medical marijuana laws haven’t been passed, then you may be wondering how this is possible.

While industrial hemp contains lower levels of THC compared to marijuana, making it less potent in terms of producing psychoactive effects, it can still contain significant amounts of CBD, which is non-intoxicating but still offers pronounced mellowing effects.

Many Delta 9 THC gummies often contain other cannabinoids that work synergetically to produce stronger effects. So when you see cannabis products with federally compliant levels of THC describe themselves as “strong” or “potent,” it most likely indicates a high dose of other cannabinoids in the formula. 

The Takeaway: Are THC Gummies Legal?

The straightforward answer is generally yes. However, this completely depends on the product and if it is compliant with federal law. Many brands use hemp-derived delta 9 THC, which has a lot of scientific research and personal testimonies to back its use. 

If you live in a state that has yet to legalize marijuana, then it may seem odd that you can still consume THC. That’s why it’s so important to understand the distinctions between marijuana-derived and hemp-derived products. 

Buying THC gummies from brands that are transparently Farm Bill compliant is crucial. Industrial hemp may not offer the same amount of psychoactive effects as marijuana, but it has many other potential benefits for your overall health and wellness. 


  1. Pennypacker, S. D., & Romero‐Sandoval, E. A. (2020). CBD and THC: do they complement each other like Yin and Yang?. Pharmacotherapy: The Journal of Human Pharmacology and Drug Therapy, 40(11), 1152-1165.
Anna Deutschman

Masters Degree in English Literature, Educator & Content Writer Anna Deutschman is an educator and content writer with a Master's degree in English Literature. Throughout her career, Anna has dedicated herself to both education and writing, refining her skills to produce compelling and inform...

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