Legal
Compliance and Legal Status by State
How hemp and cannabinoid products are treated under US federal law and by the states we ship to, what we send, what we exclude everywhere, and why legality at the delivery address remains the customer's responsibility.
10. Template notice
This page is a template supplied with the Leafy Stores storefront. The notes below are a plain-language starting point written for a generic hemp and cannabinoid assortment sold inside the United States. They are not legal advice and they do not describe the actual assortment, licences or supply chain of any particular operator.
Cannabis and hemp law moves faster than almost any other consumer-goods regime. Federal definitions are amended in appropriations bills, state legislatures rewrite potency and product-form rules every session, emergency rules take effect on days' notice, and enforcement practice often differs from the text of the statute. Every section below must be verified and rewritten by counsel licensed in the operator's state of formation and in each state it ships to, before the store accepts a single order, and re-checked on a fixed schedule after launch.
Nothing on this page authorises a shipment. Where the law of a delivery state and this page disagree, the law of the delivery state governs.
21. How to read this page
Leafy Stores sells and ships inside the United States only. We do not ship to any address outside the fifty states and the District of Columbia, we do not ship to US territories, we do not ship to APO, FPO or DPO addresses, and we do not accept orders for export or onward freight forwarding.
The assortment is grouped into product families, and the notes below answer the same three questions for each family: may the product lawfully be placed on the market in the destination state, may an adult consumer lawfully receive it by mail or by carrier, and may it be advertised and labelled the way we describe it.
A product family being sold openly in a state does not mean it is lawful there. Tolerated retail, unresolved litigation and pending enforcement are common in this sector, and we treat all three as reasons to exclude rather than to ship.
You are responsible for the legality of what you order at your delivery address. Age, quantity, permitted cannabinoid content, permitted product form and in-state shipping rules are all set by the state, and some are set by the county or city underneath it. If you are unsure, do not order.
- Topicals and cosmetics: balms, creams and oils applied to the skin
- Hemp-seed foods: shelled seed, seed oil, protein powder and similar foods made from seed
- Ingestible cannabinoid products: oils, capsules, edibles and drinks containing CBD or other cannabinoids
- Raw plant material: hemp flower, trim and pre-rolls
- Vaporizer products: cartridges, disposables and e-liquids containing cannabinoids
- Seeds and cultivation supplies
- Accessories and merchandise containing no cannabinoids
32. The federal framework
Two federal statutes set the outer edge of what this store may sell. The Agriculture Improvement Act of 2018 — the Farm Bill — defines hemp at 7 U.S.C. § 1639o as Cannabis sativa L. and its derivatives, extracts and cannabinoids with a delta-9 THC concentration of not more than 0.3 per cent on a dry weight basis, and removes material inside that definition from the Controlled Substances Act. Anything above that line is marijuana, remains a Schedule I controlled substance under federal law, and may not be shipped across state lines no matter what the law of either state says.
The definition is also narrowing. Appropriations legislation adopted in late 2025 re-cuts the hemp definition by reference to total THC per container rather than delta-9 concentration alone, on a delayed effective date. A product that is compliant under the concentration test can fail the per-container test. Confirm the definition in force on the day the parcel is dispatched, not the one that applied when the assortment was set.
Being outside the Controlled Substances Act is not the same as being lawful to sell. The Farm Bill expressly preserved the authority of the Food and Drug Administration, and it expressly preserved the right of a state to regulate hemp more restrictively than the federal government does. Both of those are doing more work in practice than the 0.3 per cent line is.
43. FDA: food, supplements and claims
The Food and Drug Administration has stated that CBD may not lawfully be added to conventional food or sold as a dietary supplement under the existing framework. The reasoning is the drug exclusion in section 201(ff)(3)(B) of the Federal Food, Drug, and Cosmetic Act: because CBD is the active ingredient in an approved prescription drug, it cannot also be marketed as a dietary ingredient. The agency has concluded that a new legislative pathway is needed and has asked Congress for one. Until that exists, ingestible CBD sold as food or as a supplement sits outside the authorised framework whatever the practice in a given state.
Hemp-seed-derived ingredients are the settled exception. Hulled hemp seed, hemp seed protein powder and hemp seed oil are the subject of GRAS notices to which FDA responded without objection, and they may be used in food within the conditions of those notices. They must not be presented as a source of CBD.
Claims are enforced separately and aggressively. FDA and the Federal Trade Commission have taken joint and separate action over statements that a cannabinoid product treats, cures, prevents or mitigates a disease, and the FTC requires that any health or efficacy claim be supported by competent and reliable scientific evidence before it is made. We make no therapeutic claims on any product, and no claim appears on this site that is not carried by the supplier's own substantiation.
54. Intoxicating hemp-derived cannabinoids
Delta-8 THC, delta-10 THC, THC-O, HHC, THCP and the rest of the semi-synthetic and converted-cannabinoid family are the single largest source of enforcement risk in this sector. They are commonly manufactured by chemically converting CBD, and the Drug Enforcement Administration has stated that a synthetically derived tetrahydrocannabinol does not fall inside the hemp definition. Federal courts have split on the question, and the appropriations change described in section 2 is aimed squarely at it.
Underneath that, the states have moved faster than Congress. Some have banned intoxicating hemp-derived cannabinoids outright. Some have folded them into the licensed adult-use cannabis channel, which a mail-order store cannot use. Some cap milligrams per serving and per container. Some regulate them as a hemp beverage category with its own licence. A handful have no rule at all, which is not the same as permission.
We do not sell intoxicating hemp-derived cannabinoids to any address, in any state, in any product form. That is a commercial decision taken on top of the law, and it does not change when a particular state opens up.
65. Smokable hemp flower and pre-rolls
Smokable hemp sits inside the federal hemp definition but is regulated separately by many states, which prohibit its manufacture, sale or possession, restrict it to licensed retail, or require testing and labelling a mail-order shipment cannot satisfy. Enforcement is practical rather than theoretical: raw flower is visually indistinguishable from marijuana, which makes a lawful parcel a seizure risk and a lawful possessor a roadside problem.
Carriers add a layer of their own. The major parcel carriers require a shipper agreement, documentation of hemp status and a certificate of analysis for hemp shipments, and they reserve the right to refuse or dispose of a parcel that does not carry it. A carrier's refusal is not reviewable and does not depend on the shipment being unlawful.
We do not ship hemp flower, trim or pre-rolls to any state.
76. Vaporizer products and the PACT Act
Vaporizer hardware and e-liquids are governed by the Prevent All Cigarette Trafficking Act, which was extended to electronic nicotine delivery systems in 2021 and is drafted broadly enough to reach devices and components used with cannabinoid liquids. The Act bars the United States Postal Service from carrying covered products to consumers, and it imposes registration with the Attorney General and with each destination state's tobacco tax administrator, state excise tax collection, monthly reporting of every shipment, adult-signature delivery and recordkeeping.
The major private carriers responded by refusing consumer vaping shipments altogether, which leaves a registered shipper, state-licensed age-verified delivery as the only compliant route and makes ordinary mail order unavailable.
We therefore do not ship cannabinoid vaporizer cartridges, disposables, pods or e-liquids by mail to consumers. Vaporizer devices listed in the headshop and vaporizer ranges that contain no cannabinoid and are not covered products under the Act ship normally; where a device is a covered product, the product page says so and it is not purchasable.
87. State law: how we gate it
The federal line sets what may exist. State law sets what may arrive. The assortment is filtered by the delivery state at checkout, against a permitted-state list maintained per product family, and an item that cannot lawfully be sent to your address is not purchasable from your address.
States fall into four practical groups for a mail-order hemp assortment, and a state can move between them in a single legislative session:
We publish no state-by-state table on this page, because any table is wrong within weeks. The checkout filter is the authoritative statement of where a given product can go, and it is updated before this page is.
- Open: hemp products within the federal definition may be sold to adults at retail and received by mail, subject to general consumer-protection, testing and labelling law.
- Conditioned: permitted but with a state registration, licence, certificate of analysis, potency cap, serving cap, packaging rule or minimum age above 21, which we must satisfy per product before that state is enabled.
- Channel-restricted: permitted only through a state-licensed cannabis or hemp retailer, which excludes direct-to-consumer shipment regardless of the product's federal status.
- Excluded: the product form, the cannabinoid, or hemp products generally are prohibited, and nothing in that family is shipped to that state.
98. Age, identity and delivery
Every order requires the purchaser to be at least 21 years of age. That is above the federal minimum for several of the categories we carry and above the minimum some states set, and it applies uniformly because a single store-wide age is enforceable where a per-state age is not. See the Age Verification Policy for how the gate, the checkout attestation and the delivery check work together.
Shipments go to a street address in the delivery state only. We do not ship to parcel lockers, mail-forwarding addresses, freight forwarders or addresses that resolve to one, because the delivery state is the fact the whole compliance filter depends on and a forwarding address makes it unknowable.
Where a state or a product requires it, delivery is by adult signature and the carrier will check government-issued photo identification at the door. Nobody under 21 can sign. A parcel that cannot be handed to an adult is returned to us.
109. Products we do not ship to any state
Some categories are excluded everywhere, regardless of what a particular state might permit. The list is set conservatively because the compliance cost of a single misrouted parcel is greater than the revenue of the category.
The list is reviewed with the assortment and may grow at short notice. Where an item is removed after you have ordered but before dispatch, the order is cancelled and refunded in full.
- Marijuana and any product above the federal hemp definition in force on the day of dispatch
- Intoxicating hemp-derived cannabinoids, including delta-8, delta-10, THC-O, HHC, THCP and converted or semi-synthetic analogues
- Smokable hemp flower, trim and pre-rolls
- Cannabinoid vaporizer cartridges, disposables, pods and e-liquids shipped to a consumer
- Products presented with medical, therapeutic or disease claims
- Live plants, cuttings and rooted clones
- Products intended for onward sale, relabelling or repackaging without a wholesale agreement
- Any item a state classifies as a prescription or licensed-channel product
1110. Refused, detained and returned shipments
A carrier or a state authority may open, detain, refuse, return or dispose of a parcel. This happens even where the goods are lawful, because the decision turns on the manifest, the carrier's own tariff and the inspecting officer's assessment, not only on the underlying law. We declare contents accurately and will not mislabel goods, understate value or omit a product description on request.
Where a parcel is detained, we will share the tracking record, the invoice and the certificate of analysis so you can respond to the carrier or the authority. Where a parcel is returned to us intact, we refund the price of the goods; outbound shipping and return charges are not refundable. Where a parcel is seized or disposed of because the goods were not lawful at your delivery address, or because the address details you gave were wrong, no refund is due.
Detentions are recorded. Repeated detentions linked to one address, account or payment instrument will lead us to stop shipping to that address. We may also be required to respond to an inquiry from a state or federal authority about a specific shipment, and we will do so.
1211. Keeping this page current, and contact
The assortment is filtered by delivery state at checkout, so an item that cannot lawfully be sent to your address should not be purchasable. That filter is only as good as its last update. When a rule changes we adjust the filter first and rewrite this page second, which means the checkout may be more restrictive than the text above it. Where they differ, the checkout governs.
We review every state note at least quarterly and immediately on notice of a change in federal or state law, a court decision, a regulator statement or a carrier policy change. The date at the top of this page is the date of the last substantive review. Older versions are retained and are available on request.
Questions about a specific state or product: info@leafystores.com. Questions about whether a particular order can be delivered to your address: info@leafystores.com. Formal notices: info@leafystores.com or [REGISTERED ADDRESS], for the attention of [COMPANY LEGAL NAME], EIN [EIN].
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