Direct answer: The Hemp Legality Checker's dataset is built from three source layers — the federal statutory baseline (the 2018 Farm Bill and its 2025 amendment, Section 781), individual state hemp statutes and regulatory agency guidance, and documented enforcement actions or active litigation — cross-checked category by category for each of 51 jurisdictions and 6 cannabinoids.
The Three-Layer Approach
Layer 1: Federal baseline
Every state status starts from the federal floor. Since the 2018 Farm Bill, hemp has been federally defined as cannabis containing no more than 0.3% Delta-9 THC by dry weight — a threshold that traces to a 1976 taxonomic proposal, not a modern safety study. That baseline is changing: Section 781 of the Continuing Appropriations and Extensions Act, signed November 12, 2025, shifts the test to "total THC" (folding in THCA, Delta-8, Delta-10 and other THC-family cannabinoids) and adds a 0.4 milligram per-container cap on finished products, effective November 12, 2026.
Layer 2: State statute and agency guidance
On top of the federal floor, each state can — and increasingly does — layer its own rule. Some, like North Carolina under SB 455 / SL 2022-32, stick to the plain federal delta-9-only threshold with no extra test, making hemp-derived Delta-8 and THCA broadly legal there. Others, like Georgia under SB 494, define their own "total THC" test in state code (delta-9 + THCA × 0.877) years ahead of the federal government doing the same.
Layer 3: Enforcement action and litigation
Statute alone doesn't always tell the whole story. Texas is the clearest example: Delta-8 was administratively classified as a Schedule I substance by the Department of State Health Services, but a court injunction currently blocks enforcement of that classification while Texas Supreme Court Case No. 23-0887 proceeds — meaning the practical, on-the-ground status differs from the plain text of the administrative rule. Our dataset reflects this kind of nuance in the notes field for each affected state rather than collapsing it into a single word.
Update Cadence
Because at least 14 states revised Delta-8 or THCA rules during 2025 alone, this dataset is not treated as a one-time publication. It's revisited as new legislation passes, as agencies issue guidance, and as the November 12, 2026 federal deadline approaches and (likely) reshapes multiple state markets at once.
Limitations, Stated Plainly
This is a general-information snapshot, not a legal opinion on your specific situation, and not a substitute for a licensed attorney's review of current statute text. Enforcement discretion, local ordinances, and pending litigation can all shift the practical answer faster than any published dataset can track in real time.
FAQ
Where does the underlying legal data come from?
A combination of state hemp statutes, state agriculture/health department guidance, and documented enforcement actions or litigation, cross-referenced against the federal 2018 Farm Bill baseline as amended by Section 781.
Why do some states show 'restricted' instead of a flat legal or banned?
Because the real-world status in several states depends on more than one legal source — for example, a statute that allows a cannabinoid generally but an active court injunction, agency guidance, or a total-THC test that narrows what actually qualifies.
Will this page be updated when the federal law changes in November 2026?
Yes. The dataset and this methodology page are treated as living references and will be revised as the November 12, 2026 effective date approaches and as its real-world effects on state markets become clear.