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Nebraska:
- Hemp flower = Legal “Sec. 4. (1) Notwithstanding any other provision of law, it shall be lawful: … To possess, transport, sell, and purchase lawfully produced hemp products.” *Doesn’t define hemp products
- D-8 THC = Illegal Chapter 28-405. Controlled substances; schedules; enumerated. Schedule I (c) Any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances: (A) Tetrahydrocannabinols: Meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the plant, or in the resinous extractives of cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following: Delta 1 cis or trans tetrahydrocannabinol, and their optical isomers; Delta 6 cis or trans tetrahydrocannabinol, and their optical isomers; Delta 3,4 cis or trans tetrahydrocannabinol, and its optical isomers;
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Nevada:
- Hemp flower = Legal Hemp in Nevada FAQ: “According to state and federal law, hemp must contain less than 0.3 percent delta-9-THC on a dry weight basis”
“The NDA regulates the growth and handling (which involves limited processing) of raw hemp but does not regulate processed hemp products ready to be consumed, like CBD oil, seed oil, hemp hearts and other processed products.”
There is no prohibition, nor regulation of the sale of hemp flower.
- D-8 THC = Conflicting laws, while the law specifically says all cannabinoids, isomers, and derivatives of hemp are legal, Nevada added Delta-9 and Delta-8 as Schedule I controlled substances.
While SB49 included D-8 and D-9 to Nevada’s controlled substances (NRS 453.139), the bill states (Sec. 3.7) that THC means D-8, D-7, D-10 and D-9 THC, and also, that Hemp means any plant of the genus Cannabis and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, whether growing or not, with a THC concentration that does not exceed the maximum THC concentration established by the Department of Agriculture of Nevada (which is 0.3%).
Incidentally, the law also states that the definition of hemp doesn’t include any product or commodity made using hemp.
If we consider Delta-8 a derivative of hemp, that will mean that it is considered legal in the state. If we consider Delta-8 a product or a commodity of hemp, it would be considered illegal under the current law.
In this sense, the line may be blurry and subject to enforcement.
- NRS 453.139 “THC” defined. “THC” means:
1. Delta-9-tetrahydrocannabinol;
2. Delta-8-tetrahydrocannabinol; and
3. The optical isomers of such substances.
NRS 453.096 “Marijuana” defined.
1. “Marijuana” means:
(a) All parts of any plant of the genus Cannabis, whether growing or not;
(b) The seeds thereof;
(c) The resin extracted from any part of the plant, including concentrated cannabis; and
(d) Every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin.
2. “Marijuana” does not include:
(a) Hemp, as defined in NRS 557.160, which is grown or cultivated pursuant to the provisions of chapter 557 of NRS or any commodity or product made using such hemp; or
(b) The mature stems of the plant, fiber produced from the stems, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stems (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.
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New Hampshire:
- D-8 THC = Legal. RSA 318-B:2-c (a) “Marijuana” includes the leaves, stems, flowers, and seeds of all species of the plant genus Cannabis, but shall not include the resin extracted from any part of such plant and every compound, manufacture, salt, derivative, mixture, or preparation from such resin including hashish, and further, shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks, fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination. Marijuana shall not include hemp grown, processed, marketed, or sold under RSA 439-A.
- Hemp flower: Legal HB 439: “‘Hemp’ means the plant Cannabis sativa L. and any part of the plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration (THC) of not more than 0.3 percent on a dry weight basis.” There is no mention about the sale of hemp flower. Since hemp flower is legal federally and there is no mention of any regulations, it is legal to sell in New Hampshire.
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New Jersey:
- Hemp flower = Legal New Jersey Hemp Farming Act allows commercial cultivation of hemp.
“‘Hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”
“Retail sales of hemp products processed outside the State may be conducted in the State when the products and the hemp used in the products were processed and cultivated legally in another state or jurisdiction that has the same or substantially similar requirements for processing hemp products or cultivating hemp as provided by P.L.
- D-8 THC = Legal. “Federally defined THC level for hemp” or “acceptable hemp THC level” means a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis for hemp or in a hemp product. Hemp will satisfy the standard of “federally defined THC level for hemp” or “acceptable hemp THC level” if laboratory testing confirms a result within a measurement of the uncertainty that includes the THC concentration level of 0.3 percent. For example, if the reported delta-9 THC content concentration in a sample is 0.35%, and the measurement of uncertainty is +/- 0.099%, the hemp would be compliant, because 0.3% falls within the distribution range between .251% and .449%. “Hemp product” means a finished product with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent that is derived from or made by processing a hemp plant or plant part and prepared in a form available for commercial sale. The term includes cosmetics, personal care products, food intended for human or animal consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids such as cannabidiol. Hemp products shall not be considered controlled substances due to the presence of hemp or hemp-derived cannabinoids. “THC” means delta-9-tetrahydrocannabinol, which is a psychoactive component in cannabis plants.
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New Mexico:
- Hemp flower = Legal HB 581. “‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, whether growing or not, with a THC concentration of not more than three-tenths percent on a dry weight basis.” “THC” means delta-9-tetrahydrocannabinol as measured using a post-decarboxylation method and based on percentage dry weight.” “‘hemp finished product’ means a hemp product that is intended for retail sale and containing hemp or hemp extracts that includes food, food additives and herbs for human use, including consumption, that has a THC content of not more than three-tenths percent.”
- D-8 THC = Legal
HEMP FINAL RULE – 20.10.2 NMAC HEMP EXTRACTION, PRODUCTION, TRANSPORTATION, WAREHOUSING, AND TESTING “30-31-6. SCHEDULE I. The following controlled substances are included in Schedule I: the enumeration of marijuana, tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinol as Schedule I controlled substances does not apply to:
(3) tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols, including tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols with concentrations of up to five percent as measured using a post-decarboxylation method and based on percentage dry weight, possessed by a person in connection with the cultivation, transportation, testing, researching, manufacturing or other processing of the plant Cannabis sativa L., or any part of the plant whether growing or not, if authorized pursuant to rules promulgated, pursuant to the Hemp Manufacturing Act, by the board of regents of New Mexico state university on behalf of the New Mexico department of agriculture or the department of environment;
(4) tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols, including tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols in any concentration possessed by a person in connection with the extraction of tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols, if authorized pursuant to rules promulgated, pursuant to the Hemp Manufacturing Act, by the board of regents of New Mexico state university on behalf of the New Mexico department of agriculture or the department of environment;
(5) the use of marijuana, tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinol by certified patients pursuant to the Controlled Substances Therapeutic Research Act or by qualified patients pursuant to the provisions of the Lynn and Erin Compassionate Use Act;
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New York:
- Hemp flower = Legal. New York aligns itself with the Farm Bill. There is no mention of prohibition or regulations of the sale of hemp flower.
- D-8 THC = Illegal. As of May 2021, New York prohibited state-based hemp processors from using “synthetic cannabinoids, or Delta-8 THC or Delta-10 THC created through isomerization, in the extraction or manufacturing of any cannabinoid hemp products”. The state also prohibited “the use of Delta-8 THC created through isomerization in the processing of cannabinoid hemp products.”
ARTICLE 33: CONTROLLED SUBSTANCES. TITLE 1 § 3302
“Marihuana” means all parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin.
The term “marihuana” shall not include:
(a) the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination;
(b) hemp, as defined in subdivision one of section five hundred five of the agriculture and markets law;
(c) cannabinoid hemp as defined in subdivision two of section thirty-three hundred ninety-eight of this chapter; or
(d) hemp extract as defined in subdivision five of section thirty-three hundred ninety-eight of this chapter.
- 3306 Schedules of controlled substances
Schedule I. (d) Hallucinogenic substances.
(13) Marihuana.
(21) Tetrahydrocannabinols. Synthetic equivalents of the substances contained in the plant, or in the resinous extractives of cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following:
/\1 cis or trans tetrahydrocannabinol, and their optical isomers
/\6 cis or trans tetrahydrocannabinol, and their optical isomers
/\3, 4 cis or trans tetrahydrocannabinol, and its optical isomers
(since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered).
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North Carolina:
- Hemp flower = Illegal bill was passed to make it illegal in June 2020.
- D-8 THC = Legal, As cannabinoid that is derived from hemp, D-8 is lawful in the state
SENATE BILL 352 -SECOND EDITION. AN ACT REVISING THE NORTH CAROLINA CONTROLLED SUBSTANCES ACT. (13c) “Hemp product” means any product within a delta-9 THC concentration of three-tenths percent (0.3%) on a dry weight basis derived from, or made by, processing hemp plants or plant parts, that are prepared in a form available for commercial sale, including, but not limited to, cosmetics, personal care products, food intended for animal or human consumption as approved by the United States Food and Drug Administration or the United States Department of Agriculture, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids, such as cannabidiol. “Hemp product” does not include smokable hemp.
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North Dakota:
- Hemp flower = Legal HB 1349 “‘Hemp’ means the plant cannabis sativa L. and any part of the plant, including the seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta – 9 tetrahydrocannabinol concentration of not more than three – tenths of one percent on a dry weight basis.” There is no mention about the sale of hemp flower. Since hemp flower is legal federally and there is no mention of any regulations, it is legal to sell in North Dakota.
- D-8 THC = Legal CHAPTER 19-03.1 UNIFORM CONTROLLED SUBSTANCES ACT 18. “Marijuana” means all parts of the plant cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. The term marijuana does not include hemp as defined in title 4.1.
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Ohio:
- Hemp Flower = Legal
- D-8 THC = Legal, as a cannabinoid derived from hemp, D-8 is included in the definition of lawful hemp
Senate Bill 57 “‘Hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths per cent on a dry weight basis.”
“‘Delta-9 tetrahydrocannabinol; means the sum of the percentage by weight of tetrahydrocannabinolic acid multiplied by 0.877 plus the percentage by weight of delta-9 tetrahydrocannabinol.”
There is no mention about the sale of hemp flower. Since hemp flower is legal federally and there is no mention of any prohibition or regulation.
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Oklahoma:
- Hemp flower = legal
- D-8 THC = Legal as a cannabinoid derived from hemp, D-8 is included in the definition of lawful hemp
In SB 868: “Industrial hemp” means the plant Cannabis sativa L. and any part of the plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry-weight basis.”
No license is needed to sell hemp products in Oklahoma. In SB 238: ” Retail sales of industrial hemp and hemp products may be conducted without a license so long as the products and the hemp used in the products were grown and cultivated legally in this state or another state or jurisdiction and meet the same or substantially the same requirements for processing hemp products or growing hemp.”
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Oregon:
- Hemp flower = Legal Oregon Administrative Rules 603-048: “A registrant may not sell an industrial hemp product that contains more than 0.3 percent total THC to a consumer unless licensed as a retailer by OLCC” (Oregon Liquor Control Commission).
- D-8 THC = Legal OAR 603-048-2310.– Definitions: (16) “Cannabinoid hemp product” (a) Means a hemp edible or any other product intended for human consumption including a hemp topical or hemp transdermal patch, that contains cannabinoids from industrial hemp or the dried leaves or flowers of hemp;
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Pennsylvania:
- Hemp flower = Legal Pennsylvania FAQ: “‘Industrial hemp.’ The plant Cannabis sativa L. and any part of the plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry-weight basis. Hemp grown in Pennsylvania may be sold in Pennsylvania or interstate, as long as the receiving state has no prohibitions on the sale.
- D-8 THC = Legal Senate Bill 335.
“Industrial hemp.” A plant of the genus cannabis and any part of the plant, whether growing or not, containing a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry-weight basis.
“Product.” A finished product containing industrial hemp which:
(1) Is a cosmetic, food, food additive or herb.1234567891011121314151617
(2) Is for human use or consumption.
(3) Contains any part of the hemp plant, including naturally occurring cannabinoids, compounds, concentrates, extracts, isolates, resins or derivatives.
(4) Contains a delta-9 tetrahydrocannabinol concentration of not more than 0.3%
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Rhode Island:
- Hemp flower = Legal Hemp Growth Act: “Hemp’ means the plant of the genus cannabis and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration that does not exceed three-tenths percent (0.3%) on a dry-weight basis of any part of the plant cannabis, or per volume or weight of marijuana product or the combined percent of delta-9 tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant cannabis regardless of the moisture content.” There is no mention of the sale of hemp flower. Since hemp flower is legal federally and there is no mention of any regulations, it is legal to sell in Rhode Island.
- D-8 THC = Illegal. Rhode Island has another law that defines Delta 8 THC under Rhode Island’s definition of “THC” and makes it illegal for human consumption.
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South Carolina:
- Hemp flower = Nothing specifically outlaws hemp flower, but stores are getting raided. Attorney General’s Opinion
- D-8 THC = Legal, South Carolina specifically legalized all derivates, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC. Including D-8 under the state’s definition of lawful hemp
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South Dakota:
- Hemp flower = Illegal to possess or sell to anyone who does not have a license. (unclear if it changes with the new legislation) SB 205: “Only a person licensed to grow or process industrial hemp pursuant to this Act may possess any part, stalk, leaf, bud, flower, or seed of an industrial hemp plant.”
- D-8 THC = Legal, D-8 is included in the state’s definition of lawful hemp since it is a cannabinoid.
HB 1008 “industrial hemp or hemp, is the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis”
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Tennessee:
- Hemp flower = Legal. Total THC. Hemp Rules: “The procedure employed by the Tennessee Department of Agriculture defines the preparation of hemp samples for the determination of THC and is conducted in a manner similarly reliable to post-decarboxylation. The preparation steps include extraction and quantitation of cannabinoids. Cannabinoid quantitation is accomplished using liquid chromatography tandem mass spectrometry (LC-MS/MS). Cannabinoids that can be analyzed by this procedure include delta-9-tetrahydrocannabinol (Δ9 THC), tetrahydrocannabinolic acid A (THCA), cannabidiol (CBD), and cannabinol (CBN).”
- D-8 THC = Legal Tennessee specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC. D-8 is included in the states definition of lawful hemp as a cannabinoid
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Texas:
- Hemp flower = Legal, the state will allow until 2021, according to its regulations
- D-8 THC = Legal under SECTIONA1.AASection 12.020(c), Agriculture Code “hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids,
And under Substance abuse and regulations TX hemp is not considered a controlled substance
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Utah:
- Hemp Flower = Legal Utah Administration Code “‘Industrial Hemp’: means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.There is no prohibition or regulation of about the sale of hemp flower..
- D-8 THC = Illegal Utah Control of Substance Act, Subsection 58-37-4(2)(a)(iii) includes D-8 as a controlled substance.
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Vermont:
- Hemp flower = Legal “the plant Cannabis sativa L. and any part of the plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.” 6 V.S.A. § 562(3). There is no mention of the sale of hemp flower. Since hemp flower is legal federally and there is no mention of any regulations, it is legal to sell in Vermont.
- D-8 THC = Illegal
Vermont banned the manufacture and use of hemp-derived Delta-8 THC in April 2021, as they considered it a psychoactive compound that is synthetically made.
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Virginia:
- Hemp flower = Illegal to possess in Virginia, unless you have a license. Virginia Department of Agriculture: “To legally possess hemp plants, viable hemp seed, hemp microgreens, hemp leaves, or hemp flowers in Virginia, you must be a registered Industrial Hemp Grower, Dealer, or Processor or an agent of one of these registrants for the purpose of growing, dealing or processing.”
- D-8 THC = Legal § 54.1-3401. Definitions. Marijuana” means any part of a plant of the genus Cannabis whether growing or not, its seeds, or its resin; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or its resin. Marijuana shall not include any oily extract containing one or more cannabinoids unless such extract contains less than 12 percent of tetrahydrocannabinol by weight, nor shall marijuana include the mature stalks of such plant, fiber produced from such stalk, or oil or cake made from the seeds of such plant, unless such stalks, fiber, oil, or cake is combined with other parts of plants of the genus Cannabis. Marijuana shall not include (i) industrial hemp, as defined in § 3.2-4112, that is possessed by a person registered pursuant to subsection A of § 3.2-4115 or his agent, or (ii) a hemp product, as defined in § 3.2-4112, containing a tetrahydrocannabinol concentration of no greater than 0.3 percent that is derived from industrial hemp, as defined in § 3.2-4112, that is grown, dealt, or processed in compliance with state or federal law. § 54.1-3446. Schedule I.Tetrahydrocannabinols, except as present in (i) industrial hemp, as defined in § 3.2-4112, that is possessed by a person registered pursuant to subsection A of § 3.2-4115 or his agent; (ii) a hemp product, as defined in § 3.2-4112, containing a tetrahydrocannabinol concentration of no greater than 0.3 percent that is derived from industrial hemp, as defined in § 3.2-4112, that is grown, dealt, or processed in compliance with state or federal law; (iii) marijuana; or (iv) dronabinol in sesame oil and encapsulated in a soft gelatin capsule in a drug product approved by the U.S. Food and Drug Administration;
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Washington:
- Hemp flower = Legal to possess in Washington. Washington State Legislature:
- D-8 THC = Legal. The state has legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta 9 THC. D-8 is a cannabinoid that is derived from hemp included in the states definition of lawful hemp
SENATE BILL 5276Sec. 2. RCW 15.120.010
“Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
Sec. 5. RCW 69.50.101
(d) “CBD product” means any product containing or consisting of cannabidiol.
(f) “Controlled substance” means a drug, substance, or immediate precursor included in Schedules I through V as set forth in federal or state laws, or federal or commission rules, but does not include hemp as defined in RCW 15.120.010.
(x) “Marijuana” or “marihuana” means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include:
(1) The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination; or
(2) Hemp as defined in RCW 15.120.010.
(tt) “THC concentration” means percent of delta-9 tetrahydrocannabinol content per dry weight of any part of the plant Cannabis, or per volume or weight of marijuana product, or the combined percent of delta-9 tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant Cannabis regardless of moisture content.
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West Virginia:
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Hemp flower: Legal to possess. Total THC.
The West Virginia Code states: “‘Hemp’ or ‘industrial hemp’ means all parts and varieties of the plant Cannabis sativa L. and any part of the plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not with no greater than 0.3% tetrahydrocannabinol, or the THC concentration for hemp defined in 7 U.S.C. § 5940, whichever is greater.” “(1) Notwithstanding any provision of the code to the contrary, a person need not obtain a license to possess, handle, transport, or sell hemp products or extracts, including those containing one or more hemp-derived cannabinoids, including CBD.” “(5) Retail sales of hemp products may be conducted when the products and the hemp used in the products were grown and cultivated legally in another state or jurisdiction and meet the same or substantially the same requirements for processing hemp products or growing hemp under this article and rules promulgated under §19-2E-7 of this code.
- D-8 THC = Legal. West Virginia has legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta 9 THC. D-8 is a cannabinoid that is derived from hemp included in the state’s definition of lawful hemp.
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Wisconsin:
- Hemp flower = Legal
- D-8 THC = Legal. As the State complies with the Hemp definition of the 2018 Farm Bill, that includes hemp-derived derivatives, extracts, cannabinoids, and isomers within the definition of lawful hemp.
2019 WISCONSIN ACT 68 defines hemp as the plant cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta9 THC concentration of not more than 0.3 percent on a dry weight basis
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Wyoming:
- Hemp flower = Smokable hemp flower is Legal.
HB 0171: “‘Hemp’ or ‘hemp product’ means all parts, seeds and varieties of the plant cannabis sativa l., whether growing or not, or a product, derivative, extract, cannabinoid, isomer, acid, salt or salt of isomer made from that plant with a THC concentration of not more than three‑tenths of one percent (0.3%) on a dry weight basis when using post‑decarboxylation or another similarly reliable testing method” “‘THC’ means tetrahydrocannabinol, the psychoactive component of the cannabis plant, with the scientific name trans‑delta 9‑tetrahydrocannabinol.”
D-8 THC = Legal, Wyoming has legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta 9 THC. D-8 is a cannabinoid that is derived from hemp State of Wyoming Legislature