Are Mood Gummies Legal?

Within the last few years, food science has come a long way, and now there’s a wellness product for anything and everything. Take mood gummies, for example. Who would’ve thought that someday humans would be popping delicious candies in their mouths to improve mood and emotional well-being?

Yet, here we are with thousands of brands offering all sorts of mood gummies to improve your mood, sleep, stress, pain, and emotional balance. Hemp-based mood gummies are legal in almost all US states, as long as they don’t carry more than 0.3% THC.

But there are THC, Delta 9, and Delta 8 mood gummies as well, and they are not legal everywhere. Lack of clarity in FDA regulations and differences between how states adopt the farm bill have left many loopholes. For a new buyer, this can be a challenging issue. You can learn more here and clear all your doubts about the legality of mood gummies, so read till the end. 

What is the federal government’s stance on Mood Gummies? 

The federal bill came in 2018, and it revolutionized the hemp and CBD industry. As per this bill, products made from derivatives of industrial hemp plants can be legally grown, cultivated, and sold. Industrial hemp plants have high levels of CBD (cannabidiol) and very low concentrations of THC (tetrahydrocannabinol). 

Regardless of low concentration, THC still comes along with other cannabinoids when the extract is taken out of hemp plants for making tinctures, gummies, gels, and other products. 

So, as per this bill, brands must ensure that the products they are making with hemp extract do not have more than 0.3% THC. It’s the acceptable limit at which THC won’t cause any intoxication. 

You can also buy zero-THC products. So, mood gummies, which are made from industrial hemp plants and don’t have more than 0.3% THC, are legal as per the federal bill. Now, the same guidelines also apply to all the states, but states can modify them. 

For example, in Idaho, only zero-THC products are allowed. So your only option is to buy broad-spectrum mood gummies there. Similarly, there are states where cannabis is fully legal, so you can even buy Delta 9 (purest THC) mood gummies. Let’s take a look at state-by-state rules.

Legality of Mood Gummies in Different States 

Apart from the general federal farm bill, each state has its own set of regulations around cannabis-derived products. Some states have fully legalized cannabis, which means both hemp- and marijuana-derived products are legal. 

Currently, 25 states have full legal cannabis status, including for recreational use. In these states, you can buy mood gummies made of hemp, mood gummies made of marijuana, mood gummies made of Delta-9, Delta-8, and many other cannabinoid combinations. Here’s the full list:

States where mood gummies of all kinds (hemp, marijuana, Delta 8, and Delta 9) are legal:

The tricky part is in the rest of the states. They allow only hemp-derived mood gummies, but Delta 8 and Delta 9 can also be made from hemp. So you can’t buy marijuana mood gummies here, but you can have access to hemp-based Delta 8 and Delta 9 gummies. 

This is troubling lawmakers in many states, as they see these derivatives as pure THC only. Even though they are derived from hemp, they can still get you high. Most recently, Texas has now passed a bill saying only pure CBD products are legal—no delta 8, no delta 9, nothing even remotely close to THC.

According to these lawmakers, brands use the hemp definition as a loophole to sell addictive gummies, oils, and such in the name of CBD. That’s why you must regularly check your local laws before buying mood gummies. 

If you are not sure, stick with just simple hemp-based mood gummies that don’t have more than 0.3% THC, as these are legal in most places. 

What should you consider before buying mood gummies legally? 

First and foremost, be aware of what you are buying. There are CBD mood gummies, Delta 8 mood gummies, Delta 9 mood gummies, marijuana-derived THC mood gummies, and even mushroom-based mood gummies. Stick with the gummies that are legal in your state and city. Read the latest regulation, which is available on the state’s official drug guideline website.

Stick with reputable and well-tested brands like Colorado Botanicals to get high-quality products. Lack of quality checks is a common issue in the cannabinoid industry. 

Many brands add more or less THC in their product than what’s mentioned on the label. Avoid cheap and low-quality gas stores that don’t even come with the latest lab test report. If you are planning to travel with your mood gummies, carry the properly labeled bottle with a full description of what’s inside them. 

If possible, also keep a PDF copy of the lab result on your phone. With how fast cannabis laws are changing lately, you need to be alert. 

Can I carry mood gummies on a plane? 

That’s a tricky question, but you can certainly carry them in a checked bag after showing full documents to the TSA (Transportation Security Administration). 

If the gummies are made from hemp and don’t have more than 0.3% THC, you should be fine. If gummies have high THC, then they can be seized. Everything must be properly labeled and documented. 

Closing up the bag on gummies

The legal status of mood gummies is a bit complicated and depends on multiple factors. Only hemp-based mood gummies having no more than 0.3% THC are legal all across the country (except in Idaho, where only zero-THC products are allowed). 

As for Delta 8 and Delta 9 mood gummies made either from hemp or marijuana, the legality changes from state to state. That’s why you should always check your local state laws before placing an order. 

Also, from a safety point of view, it’s better to stick with well-known and reputable CBD brands like Colorado Botanicals.