In This Article

In this article we explore the complications that the state and federal legal system is creating in buying and consuming hemp flower. This list is accurate when it was written in December 2019. Please make your own research if you are in doubt on the legalities of hemp flower in your state.

 

  • Where Is CBD Flower Legal?
  • Is it Legal to Smoke Hemp?
  • State Law vs Federal Law
  • List Of States Where Hemp Is Illegal
  • Other States
  • The Future of Smokable Hemp

Where Is CBD Flower Legal?

When congress passed the hemp farming act in 2018, cultivation of hemp and the production and use of hemp and CBD products became legal at a federal level.

The Farm Bill legally identifies hemp as a cannabis plant that contains no more than 0.3% THC (the cannabinoid responsible for making you high), and thereby removed hemp from the controlled substances list.

So, we’re all good on smokable hemp, right..?

Unfortunately, no, not necessarily.

Some state lawmakers have started getting involved and the new state laws can be pretty confusing, and depending on where you live, smoking hemp could actually be illegal.

“…Depending on where you live, smoking hemp could actually be illegal.”

Map of legal hemp states in the

Is it Legal to Smoke Hemp?

Smoking premium quality hemp quickly became an incredibly popular method of CBD consumption.

Some regular smokers even started smoking hemp instead of tobacco!

Not only for the pleasurable experience alone, but also because it allows the user to take their CBD along with all of the other naturally occurring plant compounds, as nature intended.

Not everyone’s a fan though…

The difficulty in telling well-grown, premium smokable hemp, and marijauna apart, has led to problems for law enforcement who don’t currently have access to on-the-spot THC testing kits.

Some states have called for a ban on smokable hemp, citing these difficulties as the reason behind it.

“The difficulty in telling well-grown, premium smokable hemp, and marijauna apart, has led to problems for law enforcement.”

State Law vs Federal Law

When the 2018 Farm Bill legalized hemp at a federal level, the popularity of hemp products, especially CBD, exploded, but it’s still up to each individual state to determine its public use.

In the case of smokable hemp, it seems that a small handful of states are determined to move against federal law, by doing everything they can to make possessing or smoking hemp illegal, because they don’t like the way it looks. Literally.

What we’re left with (to put it bluntly), is a confusing mess of conflicting hemp laws, that could change again at any moment.

Unfortunately, this leaves many Americans without access, or confused about their right to access, some of the highest quality and most effective CBD products on the market.

Find Green Unicorn Farms’ CBD hemp flower for sale here.

“[a] handful of states are determined to move against federal law, by doing everything they can to make possessing or smoking hemp illegal, because they don’t like the way it looks.”

List Of States Where Hemp Is Illegal

Here is a list (correct at the time of publishing) of some of the states that aren’t very smokable-hemp-friendly.

If you are unfortunate enough to live within them, then it’s illegal for you to buy or smoke hemp, but you should also be aware of their policies if you live nearby and there is a chance you may drive across the state line from time to time.

Please note: This list is not exhaustive and was updated on 12/20/2019.

Louisiana

The governor of Louisiana signed House Bill 491 into law in June 2019. This new law states that “no person shall process or sell any part of hemp for inhalation”.

The bill also prohibits the sale of alcohol, food, and beverages containing CBD.

North Carolina

Just a couple of months ago, North Carolina officials agreed to prohibit smokable hemp production and use, as of May 2020.

Other CBD products will remain legal but smokable hemp will be off limits due to identification problems it causes law enforcement.

Texas

We get the question, “Is hemp legal in Texas?” on an almost daily basis. The answer on if hemp flower is legal in Texas is a bit complicated due to the way that they have divided hemp flower from other hemp products.

In June this year, Texas signed a bill, effective immediately, that made the cultivation of hemp, and production, sale, and use of hemp products (such as CBD) legal.

Smokable hemp is singled out, however, as the same bill strictly prohibits the growth and use of hemp for smoking purposes.

Kentucky

The law in Kentucky is worded as such that it is illegal to grow, handle, process, or market any part of the hemp plant (whether it be live plants, seeds, leaf or floral materials) without a license.

This makes growing and production legal with a license, but as a wannabe CBD consumer (and non-license holder), you’re not allowed to possess hemp flower itself, only post-production CBD extracts.

Indiana

According to the SEA 516 bill, while the cultivation of hemp, along with production and sale of CBD products is legal (including CBD vapes), it also specified that there will be a criminal penalty for those found “dealing, manufacturing, financing, or possessing smokable hemp”.

Good news came for Indiana folks, however, when a federal judge threw out Indiana’s ban on smokable hemp, calling it unconstitutional to ban one type of hemp, just because they can’t distinguish it from marijuana.

Well done Governor Holcomb!

Meanwhile in Other States…

Utah

In Utah it’s legal to possess hemp, but not to smoke, distribute, or market it.

Florida

In some parts of Florida it is illegal to smoke any type of cannabis product (including hemp and medical marijuana) in public spaces, but it’s fine in your own home.

Kansas

The Kansas hemp program specifically prohibits the sale of hemp to anyone that doesn’t hold a hemp license.

Not only does every one of these states have different rules, but quite often the wording can be confusing or misleading so it’s important to check with your local authorities if you’re concerned.

“Not only does every one of these states have different rules, but quite often the wording can be confusing or misleading so it’s important to check with your local authorities if you’re concerned.”

The Future of Smokable Hemp

The sudden flurry of smokable hemp bans was, understandably, quite worrying for the smokable hemp industry.

Farmers, retailers, and fans of smokable hemp would all be affected if this continued.

The federal court ruling in Indiana, however, was a game-changer.

While the decision does not affect smokable hemp bans in other states, it does suggest that they can be challenged, and won, in the future.

If you’re worried about the legality of smokable hemp in your state, the best thing you can do is to do your own state-specific research, and make sure it’s up to date!

“While the decision does not affect smokable hemp bans in other states, it does suggest that they can be challenged, and won, in the future.”

author-avatar

About Hayley Smith

Hayley is passionate about all things hemp and has been a strong advocate for CBD for over a decade. As a former marijuana farmer and smoker, she knows a thing or two about cannabis and is constantly on the lookout for new research from around the world regarding her favorite plants.