Legality

Which states restrict full-spectrum CBD with trace THC?

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Answer

Any state that limits detectable THC restricts full-spectrum CBD. Washington permits products with detectable THC only through licensed cannabis retailers, California regards any detectable THC as intoxicating, and New Jersey classes products over 0.4 mg total THC per container as cannabis (WSLCB). Broad-spectrum and isolate avoid the issue.

Full-spectrum CBD keeps the plant's trace THC, usually well under 0.3 percent by weight but still detectable on a lab report. That trace is exactly what a growing number of states regulate. If a state's rule keys on "detectable THC" or on milligrams per container, full-spectrum products are caught and broad-spectrum or isolate products are not. The maintained list is at /learn/cbd-legality-by-state; this page explains the patterns.

Which states key on detectable THC?

  • Washington. The Liquor and Cannabis Board is blunt: "It is illegal for unlicensed stores to sell products with any detectable levels of THC." Only licensed cannabis retailers may sell them (WSLCB). A full-spectrum tincture sold online to a Washington address fails that test.
  • California. The Department of Cannabis Control states that if a hemp product contains any detectable amount of THC it is considered intoxicating, and that intoxicating hemp must move under the licensed cannabis framework by January 1, 2028. State and local enforcement powers expanded January 1, 2026 (CA DCC).

For both states, the shippable product is one whose lab report shows ND for THC and THCa at a low limit of quantitation.

Which states use a per-container milligram limit?

  • New Jersey. P.L. 2025, c.215 classifies products over 0.4 mg of total THC per container as cannabis starting April 13, 2026, and separately bans online sales of hemp-derived products outright (NJ CRC).
  • Ohio. Vicente LLP reports Ohio's per-container restriction took effect March 20, 2026.
  • Illinois and Missouri. Illinois enacted the 0.4 mg per container language with a fixed date of November 12, 2026; Missouri's language is tied to the federal effective date (Vicente LLP).
  • Rhode Island. Will adopt the federal definition December 11, 2026 with no transition period (Vicente LLP).

A 30 mL full-spectrum tincture typically carries far more than 0.4 mg THC across the bottle, so every per-container state is a full-spectrum exclusion. Other states set their own per-package milligram thresholds; those rows are maintained in the state table and re-checked against statute text before changes go live.

Why does this matter more after December 11, 2026?

Answer

Because the federal definition catches up to the strictest states. From December 11, 2026, 7 U.S.C. 1639o excludes final hemp-derived cannabinoid products above 0.4 mg combined THC per container from the definition of hemp (7 U.S.C. 1639o). At that point full-spectrum products with trace THC lose federal hemp status everywhere, not just in the states above. The timeline is explained at /learn/2026-federal-hemp-rule.

That is why full-spectrum SKUs are kept in their own collection with their own sitemap: they can be withdrawn on a single date without touching the rest of the catalog.

How do I know a "THC-free" label is accurate?

Answer

Read the lab report, not the front label. A 2017 JAMA study of 84 CBD products bought online found THC was detected, up to 6.43 mg/mL, in 18 of the 84 samples (21.43 percent), and only 30.95 percent were labeled within 10 percent of their actual CBD content (JAMA 2017). Market practice has improved since then, but the lesson stands: the batch-specific report with an ND result and a stated LOQ is what proves a product fits a detectable-THC state. See What does ND mean on a COA, and what is LOQ?.

General information, not personalized guidance.

Sources

  1. Hemp and Synthetic THC Products Washington State Liquor and Cannabis Board (accessed 2026-10-13)
  2. Hemp California Department of Cannabis Control (accessed 2026-10-13)
  3. Intoxicating Hemp FAQs New Jersey Cannabis Regulatory Commission (accessed 2026-10-13)
  4. Federal Hemp Update: Definition Change Delayed to December 11 Vicente LLP (accessed 2026-10-13)
  5. 7 U.S.C. 1639o, Definitions (hemp) Cornell Law School, Legal Information Institute (accessed 2026-10-13)
  6. Labeling Accuracy of Cannabidiol Extracts Sold Online JAMA, via PubMed Central (accessed 2026-10-13)

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