
Is it Legal to Smoke Hemp Where I live?
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 with running updates (last update May 2021). 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% delta-9 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. And if you consider Delta-8 THC products you have to be even more careful since it has some local state laws that completely outlawed it.
“…Depending on where you live, smoking hemp could actually be illegal.”
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Is it Legal to Smoke Hemp?
Smoking premium quality hemp quickly became an incredibly popular method of CBD consumption and starting to compete with more mainstream CBD categories like tinctures and gummies.
Some regular tobacco smokers have even started smoking hemp instead of tobacco since trying Green Unicorn Farms!
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. Furthermore, the explosion of Delta-8 THC and the fact that it is psychoactive in the same way as cannabis (although much less potent) has caused many states to completely ban hemp derived Delta 8 THC products.
This also sparked debate in regards to lowering the allowed total THC percentage of all CBD products to .3% (as opposed to the previously allowed .3% Delta-9 THC and no cap on the total THC).
“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.”
UPDATE: Please see our terms & conditions and our checkout in order to get more up to date information.
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$34.99The 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.”

