are Pre-rolls legal

Are Pre-rolls Legal in Your State? (2025 Legal Guide)

Hemp Pre-rolls have become a go-to choice for many consumers looking for a smokable, plant-based alternative to traditional cannabis products. But while they’re federally legal under the 2018 Farm Bill, each state interprets the law a little differently. That leaves a common question on many people’s minds: Are Pre-rolls legal in your state?

Are Hemp Pre-Rolls Legal 2025 Guide

In this guide, we’ll get to know where hemp Pre-rolls are legal in 2025, how federal and state laws interact, and what you should know before buying or using them. Whether you’re new to hemp products or just want to stay compliant, this article has you covered.

What Are Pre-rolls and Why Does Legality Vary?

Pre-rolls are ready-to-smoke joints made from hemp flower or cannabis flower, depending on the formulation. In the context of this blog and the broader hemp market, Pre-rolls refer to hemp-derived products, meaning they are compliant with federal law and contain 0.3% or less Delta-9 THC by dry weight.

The reason legality varies across states is simple. While the 2018 Farm Bill legalized hemp & hemp-derived products at the federal level, it gave states the right to regulate them individually. As a result, some states have embraced products like Delta-8 and CBD-rich Pre-rolls, while others have enacted strict bans or imposed local restrictions.

Are Pre-rolls Legal Federally in 2025?

Yes, hemp Pre-rolls are federally legal as of 2025, as long as they meet the conditions outlined in the Farm Bill. The most important requirement, as mentioned earlier, is that the product must contain 0.3% or less Delta-9 THC. This law covers all hemp-derived cannabinoids, including CBD, Delta-8 THC, and even THCA in some interpretations, so long as the final product is within legal limits.

That said, federal legality does not override state law. While it’s legal to manufacture and ship compliant Pre-rolls across state lines under federal guidelines, whether you’re allowed to possess or use them depends entirely on state regulations.

The Drug Enforcement Administration (or DEA) has clarified that synthetically derived Delta-8 THC is considered a controlled substance, but naturally derived Delta-8 from hemp is federally legal, again, within the 0.3% THC threshold.

2025 State-by-State Pre-rolls Legality Breakdown

Here’s the most recent update on where hemp-derived Pre-rolls are legal, restricted, or banned across the U.S. as of mid-2025:

Note: This list refers to hemp-derived Pre-rolls only (not marijuana-based), which are legal federally. The states listed below may enforce specific restrictions, such as age limits, compound bans, or sales prohibitions.

Legal States (Allow Sale and Possession of Hemp Pre-rolls)

  • California: Fully legal; must be 21+ to purchase.
  • Colorado: Legal; strict testing and labeling rules.
  • Florida: Legal; no Delta-8 restrictions for now.
  • New York: Legal; sales require COAs and compliance with packaging standards.
  • Illinois: Legal; retail and online sales permitted with state-compliant labeling.

Restricted or Regulated States

  • Texas: Legal for now, but ongoing litigation around Delta-8 and smokable hemp may affect availability.
  • Georgia: Legal for CBD-only Pre-rolls; Delta-8/THC variants are under review.
  • North Carolina: Legal, but bans exist on selling to minors and in public venues.
  • Pennsylvania: Legal with limitations on point-of-sale marketing and flavored hemp.

States Where Hemp Pre-rolls Are Effectively Banned

  • Idaho: Only products with 0% THC are legal; Pre-rolls usually don’t qualify.
  • Iowa: No legal framework for Delta-8 or smokable hemp products.
  • South Dakota: Current legislation bans Delta-8 and hemp flower Pre-rolls.
  • Kansas: Legal in limited form; smokable products are banned.

Always check the latest state regulations before purchasing, as local laws continue to evolve rapidly.

Common Restrictions to Watch For

Even in states where hemp Pre-rolls are legal, there may be local ordinances or conditions you need to follow. Some of the most common restrictions include:

  • Minimum Age Requirement: Most states require consumers to be 21 years or older to purchase hemp Pre-rolls, even if they’re CBD-only.
  • Packaging and Labeling: States like Oregon and Colorado mandate child-resistant packaging and full Certificates of Analysis (COAs) from third-party labs.
  • Public Consumption Bans: Smoking hemp in public places is usually illegal, similar to tobacco or marijuana laws.
  • Delta-8 and Alternative Cannabinoid Restrictions: Some states allow CBD Pre-rolls but ban versions made with Delta-8, Delta-10, or THCA.

If you’re planning to buy Pre-rolls online, always review the seller’s compliance with both federal and local regulations. Reputable retailers will clearly state the cannabinoid content, offer lab results, and restrict shipping where necessary.

Compliance Tips for Consumers & Retailers

With laws evolving quickly, staying informed is essential. Here are a few best practices if you’re buying or selling hemp Pre-rolls in 2025:

Consumers

  • Verify the COA: Make sure the product has been third-party tested and is compliant with the 0.3% Delta-9 THC limit.
  • Review Local Laws: Before you buy Pre-rolls online, check if your state allows the compound in question (especially Delta-8 or THCA).
  • Choose Transparent Brands: Reliable hemp brands disclose ingredients, provide lab results, and have customer support to answer legal queries.

Retailers

  • Stay Updated on Cannabis Law Changes: Regulatory shifts can happen fast. Consider subscribing to updates from state agencies or industry watchdogs to stay informed about relevant developments.
  • Avoid Broad Shipping Promises: Instead of claiming “we ship everywhere,” clearly list restricted states.
  • Train Staff on Compliance: Ensure team members understand age restrictions, proper ID checks, and local selling limits.

Following these tips not only keeps you compliant, but it also builds trust with your customers.

Why Legality Matters Beyond Compliance?

Understanding cannabis law isn’t just about staying legal; it’s about ensuring consumer safety, product quality, and industry credibility. For example, a 2023 study by the JAMA, or Journal of the American Medical Association, found that over 40% of unregulated Delta-8 products tested contained contaminants or unverified potency levels. 

That’s a major reason why many states insist on lab-tested, hemp-derived products sold through reputable sources. When you buy Pre-rolls online, the legal status also affects shipping times, payment processing, and what kind of product you’re even allowed to receive at your doorstep.

Conclusion

Pre-rolls made from hemp are federally legal under the Farm Bill (2018), but state laws vary widely. Some allow full access to CBD, Delta-8, and THCA products; others ban smokable hemp altogether. That’s why it’s important to understand both the federal framework and your local cannabis laws before making a purchase.

At Friendly Hemp, we’re committed to offering fully compliant, lab-tested Pre-rolls that meet the latest 2025 standards. We only ship where it’s legal, clearly label all cannabinoid content, and prioritize transparency in everything we do so that you can shop with confidence. Contact us today to grab your favorite Pre-rolls legally.

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