Depending on where you live, you might have noticed certain THC products popping up that are somehow legal to purchase, even though you’re pretty sure marijuana isn’t legalized in your state. You might also notice that these products are made with hemp-derived THC instead of the “classic” cannabis-derived THC.
If all of that seems a bit confusing (totally fair), you’re not alone. So, today, we want to help clear up the question, “What is hemp-derived THC?” by taking a closer look at what that means and if it’s any different from the THC typically found in weed. Let’s get into it!
So, What is Hemp-Derived THC?
In order to understand what hemp-derived THC is, we first need to take a broader look at plain old THC (the magical stuff in weed that gets us high) itself. THC is technically shorthand for a compound called “Delta-9 THC,” which is responsible for all the good vibes that come when you take an edible (or ingest it in any other way, for that matter).
Now here’s the kicker: Delta-9 THC is produced by hemp plants and marijuana plants alike, because (spoiler alert!) hemp and marijuana scientifically belong to the same plant, Cannabis sativa. The key difference is that marijuana plants have been cultivated to be much richer in THC than hemp plants, which means you need less plant material to extract its THC to use in gummies, beverages, and topical products. On the other hand, hemp plants, by legal definition, contain very low concentrations of THC (to get technical: they must produce 0.3% Delta-9 THC or less by dry weight). That means that brands have to use a lot more plant materials to get the same amount of Delta-9 THC that you’d more easily extract from a high-THC cannabis plant.
If you just want a TL;DR, this is for you: Hemp-derived THC is Delta-9 THC. And Delta-9 THC is exactly the same as the classic, colloquial “THC” you find in weed/cannabis/ganja/whatever slang you like to call it. The only difference is that hemp-derived THC comes from plants that simply contain less THC (by dry weight) than marijuana plants.
Hemp vs. Weed
If you made it through the section right above this (or at the very least read the TL;DR), you’ll already know that hemp and weed (marijuana) are the same species of plant. Their one point of difference (which is legally important) is that marijuana plants have more than 0.3% THC by dry weight. Basically, there’s more THC in a single weed plant than in a hemp plant — but otherwise, they’re essentially the same and both produce Delta-9 THC.
Hemp plants also produce minor cannabinoids like CBD, THCV, CBG, and CBN, just like all weed plants do. And just like with Delta-9 THC, each type of cannabis plant can produce different levels of these cannabinoids. But the effects of hemp-derived CBD and marijuana-derived CBD, for example, are exactly the same.
Effects of Hemp-Derived THC vs. Marijuana
You’ve probably figured this out already, but the effects of consuming hemp-derived THC and marijuana are exactly the same (because again, they both contain Delta-9 THC). That means that whether your favorite Camino gummies (or any other products you might love) are hemp-based or weed-based, you’ll be able to experience the same effects with either!
Is Hemp-Derived THC Legal?
Good news! In most states, hemp-derived THC products are absolutely legal to purchase. For that, we can thank the 2018 US Farm Bill, which made the sale of hemp-derived products federally legal. So, as long as the hemp plants contain less than 0.3% THC, products made with them can be legally produced and consumed.
That said, while hemp-derived Delta 9 THC is, technically, federally legal, some states have taken it upon themselves to set certain restrictions or even bans. If you’re not sure of the status in your state, check out our handy list below.
Where is Hemp-Derived Delta 9 THC Legal, Where is it Restricted, and Where is it Banned?
One important note before we dive in: these lists apply to the status of hemp-derived Delta-9 THC at the time of writing in mid-2025. It’s best to always check the most current laws in your state. For more in-depth information (and answers to commonly asked questions), check out our deep dive into the legality of edibles.
States where it is legal to purchase hemp-derived Delta-9 THC (the states in bold are those in which Camino hemp gummies can be purchased!):
- Alabama
- Arizona
- Arkansas
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Michigan
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Vermont
- West Virginia
- Wisconsin
- Wyoming
States where it is restricted to purchase hemp-derived Delta-9 THC:
- Colorado
- Connecticut
- Massachusetts
- Minnesota
- Oregon
- Utah
- Virginia
- Washington
States where it is banned to purchase hemp-derived Delta-9 THC:
- Alaska
- California
- Idaho
Final Thoughts
While we got into the weeds (pun very much intended) of hemp-derived THC in this article, the key thing to remember is this: Hemp-derived THC products produce the same effects as weed or marijuana products.
At Camino by Kiva, we create high-quality, precisely-dosed, and delicious hemp-derived THC gummies. Each flavor has an effects-based formula carefully crafted to help shift your mood—and make it easy to find your sweet spot, whether you’re looking to chill out, get social, or elevate the moment.
Cyrus Grant is a writer from Southern California with a background in law and dispute resolution. When he isn’t writing, he can be found deep-diving into the latest technology trends or simply spending time at the beach.
Sources
Baker Institute for Public Policy - Mapping Hemp Products’ Legal Status Across US States
Britannica - What Is the Difference Between Hemp and Marijuana?
Brookings - The Farm Bill, hemp legalization and the status of CBD: An explainer
Public Health Institute - Resources: Understanding the Differences Between Cannabis & Hemp
