This article was originally published on Cannabis & Tech Today and appears here with permission.
Cannabis has a complicated legal status in many countries. In the U.S., states have individual laws regarding medical and adult-use. Additionally, the rise in hemp-derived products like delta-8 THC and CBD can make it even more challenging to discern what is and isn’t legal when crossing state lines.
Keeping up with the latest developments in cannabis legislation can be time-consuming and confusing, which is why we have curated a comprehensive list of the legal status of THC, CBD, delta-8 and other hemp-derived cannabinoids around the world.
U.S.A.
CBD: CBD derived from hemp is now legal anywhere in the U.S. thanks to the passage of the 2018 Farm Bill. Hemp is cannabis that contains less than .3 percent THC. CBD derived from cannabis with more than .3% THC is still federally illegal.
Cannabis with THC concentrations higher than .3%, and any CBD derived from it, is still classified as a Schedule I drug.
Delta-8: Delta-8 is currently federally legal under the 2018 Hemp Bill, but state legislatures have banned the substance in Alaska, Colorado, Delaware, Idaho, Iowa, Montana, New York, Nevada, North Dakota, Oregon, Rhode Island, Vermont, Utah, and Washington.
THC-O: THC-O is currently federally legal and sold in 38 states. States that limit the use of cannabinoids that were made legal under the 2018 farm bill include:
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Delaware
- Idaho
- Iowa
- Mississippi
- Montana
- Nebraska
- Nevada
- Utah
Delta-9 THC for Adult-Use: According to the National Conference of State Legislatures, 19 states and the District of Columbia have legalized the adult use of cannabis for recreational purposes.
While cannabis flower and extracts containing more than .3% delta-9 THC are still federally illegal in the U.S., states that allow the manufacturing and sale of the plant and its related products such as tinctures, edibles, concentrates, and beverages include:
- Alaska
- Arizona
- California
- Colorado
- Connecticut
- Illinois
- Maine
- Massachusetts
- Michigan
- Montana
- New Jersey
- New Mexico
- New York
- Nevada
- Oregon
- Rhode Island
- Vermont
- Virginia
- Washington
Residents of Arkansas, Maryland, Missouri, North Dakota and South Dakota will vote on recreational cannabis amendments in November.
Delta-9 THC for Medical Use: As of July 2022, 38 states and territories have legalized the medical use of cannabis to varying degrees including:
- Alaska
- Alabama
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Guam
- Hawaii
- Illinois
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Dakota
- Northern Mariana Islands
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Puerto Rico
- Rhode Island
- South Dakota
- U.S. Virgin Islands
- Utah
- Vermont
- Virginia
- Washington
- Washington D.C.
- West Virginia
International
CBD: Many countries around the world have legalized CBD for cosmetic, food, and recreational use. Countries where CBD is legal include:
- Poland – THC < 0.2%
- Germany – THC < 0.2%
- Austria – THC <0.3%
- The Netherlands – THC < 0.05%, above this limit it is a pharmaceutical product
- France – THC < 0.00%
- Belgium – THC < 0.2% – prescription required
- UK – THC < 0.2%, but only as a dietary supplement
- Northern Ireland – THC < 0.2%
- Southern Ireland – THC 0.00%
- Iceland – no legal regulations concerning CBD, but a very strict marijuana law
- Spain – THC < 0.2%, for external use only
- Portugal – on prescription
- Luxembourg – THC < 0.2%
- Switzerland – THC < 1%
- Greece and North Macedonia – THC < 0.2%
- Czech Republic – THC < 1%
- Hungary – THC < 0.2%
- Malta – legal marihuana for personal use
- Georgia – THC 0.00%
- Cyprus – THC < 0.3%
- Romania – THC < 0.2%, for medical use only
- Slovenia – THC < 0.2%
- Slovakia – illegal
- Italy – THC < 0.6%
- Croatia – THC < 0.2%
- Bulgaria – THC < 0.2%
- Norway – THC 0.00%
- Sweden – THC 0.00%
- Denmark – THC < 0.2%, prescription required
- Finland – THC < 0.2%, prescription required
- Estonia – THC < 0.2%,
- Latvia – THC<0.2%
Delta-8: As of October, 2022, the U.S. is the only country that clearly differentiates between cannabis and hemp/CBD products. In all other countries, Delta-8-THC is considered a cannabis product. THC-O falls into the same category as delta-8.
Delta-9 THC for Medical Use: Countries that have legalized cannabis or cannabis-derived products for medical use include:
- Argentina
- Australia
- Barbados
- Brazil
- Canada
- Chile
- Colombia
- Costa Rica
- Croatia
- Cyprus
- Czech Republic
- Denmark
- Ecuador
- Finland
- Georgia
- Germany
- Greece
- Ireland
- Israel
- Italy
- Jamaica
- Lebanon
- Lithuania
- Luxembourg
- Malawi
- Malta
- Mexico
- Netherlands
- New Zealand
- North Macedonia
- Norway
- Panama
- Peru
- Poland
- Portugal
- Rwanda
- Saint Vincent and the Grenadines
- San Marino
- South Africa
- Sri Lanka
- Switzerland
- Thailand
- United Kingdom
- Uruguay
- Vanuatu
- Zambia
- Zimbabwe
Delta-9 Decriminalization by Country: Decriminalization is a blanket term countries use to indicate the use of cannabis is not prosecuted, but may not be legal to buy and sell outright.
Laws and regulations still differ by region, state, and local customs, however. Some countries that have medical cannabis programs have also decriminalized the plant. Countries that currently consider cannabis to be decriminalized include:
- Antigua and Barbuda
- Argentina
- Australia (Northern Territory and South Australia, plus ACT)
- Austria
- Barbados (if you’re a registered Rastafarian)
- Belgium
- Belize
- Bermuda
- Bolivia
- Chile
- Colombia
- Costa Rica
- Croatia
- Czech Republic
- Dominica
- Ecuador
- Estonia
- Israel
- Italy
- Jamaica
- Luxembourg
- Malta
- Mexico
- Moldova
- Paraguay
- Peru
- Portugal
- Saint Kitts and Nevis
- Saint Vincent and the Grenadines
- Slovenia
- Switzerland
- Trinidad and Tobago
Delta-9 THC for Adult-Use: The international list of recreational cannabis is significantly shorter than that of medical, but several countries have taken the leap of fully legalizing cannabis for adult-use:
- Canada
- Georgia
- Malta
- Mexico
- South Africa
- Thailand
- Uruguay
