Enter a delta-9 THC percentage to classify cannabis material under the federal line
(≤0.3% dry-weight = hemp, 7 U.S.C. § 1639o). Optionally add a state for the legal-status note.
Facts and citations only — never legal advice.
Legal status
Federally, hemp (Cannabis sativa L. with ≤0.3% delta-9 THC on a dry-weight basis) is legal under 7 U.S.C. § 1639o; cannabis above that line is "marihuana", a Schedule I controlled substance under 21 U.S.C. § 802(16) (a Schedule III reschedule is proposed but not final).
State law varies widely (medical, adult-use, and hemp-intoxicant rules differ). Check the official trackers below for a specific state.
Official sources (we link, never fabricate per-state specifics)
The hemp definition, official statutory text
CSA "marihuana" definition
Federal controlled-substance schedules (source of record)
Federal hemp program + testing rules (7 CFR 990)
State-by-state legality (the per-state specifics we link, not fabricate)
Continuously updated state legality map
Educational summary of public statutory text — not legal advice. For advice, consult a licensed attorney.
Nuances that trip people up
Total-THC vs delta-9
The federal hemp line at 7 U.S.C. § 1639o is DELTA-9 THC ≤0.3% dry weight. USDA testing rules (7 CFR Part 990) measure "total THC" = delta-9 + (0.877 × THCA), which can push compliant-looking flower over the line. The statute and the testing regulation are not the same number.
Hemp-derived cannabinoids (delta-8, etc.)
Delta-8 THC and similar cannabinoids synthesized from hemp-derived CBD sit in a legal gray area. The 2018 Farm Bill defines hemp by delta-9 content only; courts (e.g. AK Futures v. Boyd St. Distro, 9th Cir. 2022) have read delta-8 as hemp-derived, while DEA and several states treat synthesized cannabinoids differently. Status is contested and changing.
DEA Schedule III reschedule (in progress)
In 2024 HHS recommended and DOJ/DEA proposed moving marijuana from Schedule I to Schedule III. As of writing the rulemaking is NOT final — marijuana remains Schedule I federally until a final rule issues. Track the Federal Register docket.
State law varies
Many states have legalized medical and/or adult-use cannabis under state law; it remains federally controlled regardless. Some states ban hemp-derived intoxicants the Farm Bill leaves open. Always check the specific state.