Are Hemp Derived THC Gummies Legal to Ship?

Are Hemp Derived THC Gummies Legal to Ship?

Oct 14, 2023Kim Gamez

So, you've got a hankering for some THC gummies, huh? Well, before you start dreaming about those sweet, chewy treats, you might be wondering if it's even legal to ship them in the good ol' US of A. And let me tell you, my friend, the answer is not as clear-cut as you might think.

What's the deal with THC gummies?

First things first, let's get one thing straight: THC gummies are not your ordinary gummy bears. Oh no, these little guys pack a punch. They contain a compound called tetrahydrocannabinol, or THC for short, which is the psychoactive ingredient found in marijuana. In other words, they can get you high as a kite.

State laws vs. federal laws

Now, here's where things get a bit tricky. You see, when it comes to the legality of THC gummies, it's not a one-size-fits-all situation. While some states have legalized the recreational use of marijuana, others still consider it a big no-no. And to make matters even more confusing, federal law still classifies marijuana as a Schedule I controlled substance.

So, what does that mean for shipping THC gummies? Well, it depends on where you're shipping them from and where you're shipping them to. If you're shipping from a state where marijuana is legal to a state where it's also legal, you're probably in the clear. But if you're shipping from a legal state to a state where it's not so legal, you might be treading on thin ice.

The gray area of hemp-derived THC gummies

Now, here's where things get even murkier. You may have heard of hemp-derived THC gummies, which are made from hemp plants that contain less than 0.3% THC. These gummies are often marketed as a legal alternative to traditional THC gummies, but the truth is, the legality of shipping them is still up for debate.

While the 2018 Farm Bill legalized the production and sale of hemp and hemp-derived products, it left a lot of room for interpretation. Some argue that since hemp-derived THC gummies contain less than 0.3% THC, they should be considered legal. Others believe that any product containing THC, regardless of the source, is still illegal under federal law.

Hemp-derived THC gummies are legal to ship in a total of 43 states and Canada! But because cannabis is not federally legal in the U.S. (yet, fingers crossed), our availability is dependent upon individual state laws. Hemp friendly states include: AK, AL, AR, AZ, CA, CT, DC, DE, FL, HI, IA, ID, IL, IN, KY, LA, MA, ME, MI, MN, MO, MS, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, PA, SC, SD, TN, TX, VA, VT, WA, WI, WV, WY

So, is it legal or not?

Well, my friend, I hate to break it to you, but there's no definitive answer to that question. The legality of shipping THC gummies, whether they're hemp-derived or not, is a gray area that varies from state to state (see above). 

The brands we work with at KimmieGs are up to date on legal shipping practices in their state but please feel free to check your own states legislation.

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