Is Smokable Hemp Legal in my State?

It shouldn’t feel that out of place to say the smokable hemp market has its challenges. There’s no way to visually differentiate smokable hemp from marijuana. They also both smell the same. So, even if you’re smoking hemp flower, in public, where it’s completely legal, you could still end up with the cops questioning you and asking you to put your smoke out.

This issue has led to certain states opting to prohibit the sale of smokable hemp. If you can’t smoke it, there’s no risk anyone will confuse hemp with cannabis. There’s also no way you can sneak an actual joint in public, claiming it’s hemp.

No-go states

For many states, it’s simply easier to ban smokable hemp. This prevents law enforcement from wasting their time trying to bust suspected pot smokers. If you are a hemp smoker, just say “no” when you’re in these states:

  • Georgia
  • Hawaii
  • Iowa
  • Kentucky
  • Louisiana
  • North Carolina
  • South Dakota
  • Texas

Since laws change all the time, it’s best to check on the latest local rules regarding smokable hemp anytime you travel, relocate, or just end up somewhere new.

States with “cloudy” laws

There are also a group of states who aren’t sure what they think about smoking hemp. These are the ones you have to worry about most since the rules aren’t very cut-and-dry. It’s best to familiarize yourself with the basics, but when in doubt, keep the smoking to your own home.


Here, you can’t sell living hemp plants, leaf or floral materials to anyone without a license. Since smokable hemp comes from the flower, and the general public doesn’t have a license, is it a marketable hemp product? The law is unclear.


It’s best to be discreet if you live in Florida. Limit your hemp smoking to your own home since it’s illegal to smoke any type of cannabis product — hemp or marijuana — in public.


While a state bill says there’s a criminal penalty for anyone found “dealing, manufacturing, financing, or possessing smokable hemp,” a federal judge recently threw the ban out saying it’s unconstitutional to ban one type of hemp just because it resembles marijuana too closely. Does that mean you can smoke hemp in Indiana? We’re still not entirely sure.


Although smoking hemp is legal, to avoid a run-in with the police, best to keep that hobby for home. The use of hemp is still very controversial here, so opting to avoid doing anything in public that looks like you’re consuming marijuana is a good idea.


In this snowy state, you can possess hemp, but can’t technically smoke, distribute, or market it. How does this get you to enjoy smokable hemp? Seems like it could work if you only smoke what you grow yourself. I wouldn’t take any chances though.

Currently in the fight

One state is stepping up to fight for its right to smoke hemp. In New York, the introduction of a recent bill proposed legalizing smokable hemp flower. The bill proposes direct sale of hemp flower between producers and consumers. This bill would greatly change the industry in New York since many farmers want to grow flower, but have stalled out not being able to bring it to the marketplace.

Free for all

Of course, you also have those states that embrace hemp as a legal product in all its forms. Here are the ones currently most accepting, and most likely to consider it perfectly normal to smoke hemp.

  • California
  • Minnesota
  • Oregon
  • West Virginia
  • Wyoming

You can still buy it even if you can’t smoke it

Most likely, confusion will continue as to whether hemp flower is legal to smoke or not. Dealing with the particular issue isn’t high on anyone’s list at a national level, including the FDA. This means that, if you live in a state that bans the sale of smokable hemp, you’ll need to enjoy it in other ways. With the variety of hemp-derived products on the market today, this shouldn’t pose a problem.
To find high-quality products, made with local hemp of the finest genetics, check out the online store at Arbor Vita8. From tinctures to capsules, topicals and more, we only sell products we’d use ourselves. With competitive pricing, these are the best products at the best price. Contact us today to learn more.


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