SHIPPING POLICY
We ship from Jessup, Pennsylvania to every state where the product you ordered is legal. Some products are legal in one state and prohibited in the next, so the rules below are enforced per item, not per order.
Last reviewed: July 27, 2026 · Reviewed monthly, or immediately when a law changes.
Section 781 of Public Law 119-37 replaces the delta-9-only hemp standard with a total-THC standard that counts THCA, and caps finished consumable products at 0.4 mg total THC per container. Products that no longer meet the federal definition of hemp lose interstate-commerce protection on that date.
We are reformulating and re-planning our catalog ahead of that deadline. If a bill delays or amends the rule, this page is updated the same week.
WHERE WE SHIP
Three tiers. Your cart is checked against the destination state before payment, so you never pay for something we can't legally deliver.
STATES WE SHIP EVERYTHING TO
Full catalog, no product-type restrictions, under the standard in effect today. 21+ and adult signature still apply everywhere.
Two states — New Hampshire and West Virginia — are omitted from every list on this page on purpose: published sources contradict each other on their current status. We are confirming each with counsel before we open or close them.
STATES WE DO NOT SHIP TO
These states prohibit or effectively prohibit intoxicating hemp-derived cannabinoids. Orders to these addresses are cancelled and refunded in full.
New York isn't a simple ban — it runs a licensed Cannabinoid Hemp Program (9 NYCRR Parts 113–114). We still can't send you anything, and there are four independent reasons why:
- Synthetically converted cannabinoids are prohibited — that captures delta-8, delta-10, HHC, THC-O and THCP, because of how they're made.
- Smokable hemp flower is prohibited at retail — OCM's position is that it can't be told from marijuana on sight.
- Total THC is calculated as Δ9 + (0.877 × THCA) — so THCa flower above roughly 20% fails the state test even when it passes the federal one.
- Oral products are capped at 1 mg THC per serving with a 15:1 CBD-to-THC ratio requirement. Our 25 mg gummies are 25× that.
In-state retail also requires a cannabinoid hemp retailer licence, which we don't hold. Adult-use cannabis being legal in New York doesn't change any of this — the two programs are regulated separately.
New Hampshire and West Virginia appear on neither list. Published trackers flatly contradict each other on both, and we'd rather say "we don't know" than take an order we can't legally fill.
New Hampshire — some sources list delta-8 as prohibited, others as generally legal. Two restrictive bills were live in the 2026 session: SB624, which would restrict hemp-derived products and create criminal adulteration offences, and SB461, which would redefine hemp outright. Moving, and moving in one direction.
West Virginia — listed as prohibited by some trackers, generally legal by others, and it appears among the states that set a 21-minimum age for hemp-derived THC, which implies a permissive framework with age gating rather than a ban. Likely the first of the two we open.
RESTRICTED STATES — WHAT'S BLOCKED AND WHY
Legal to ship, but not everything. The blocked types below are removed from your cart automatically.
| State | Blocked | Still ships | Basis |
|---|---|---|---|
| Texas | Smokable hemp — flower, prerolls, smokes. Delta-8 vapes. | Gummies, edibles, tinctures, softgels Up to 0.3% Δ9-THC by dry weight. No state per-package mg cap. Smokables are now judged on total THC, which is why flower is out. | DSHS smokable-hemp rule effective March 31, 2026, calculated on total THC; SB 2024 vape restrictions. |
| California | THCA flower and intoxicating hemp at general retail. | CBD / CBG only — 0 mg intoxicating THC No delta-8, delta-9, delta-10, THCA, HHC or THCP at any dose outside a licensed dispensary. | AB 8, effective January 1, 2026 — routes these products through licensed dispensaries only. |
| Virginia | Anything over 2 mg total THC per package — most of our catalog. | ≤ 2 mg total THC per package Or a 25:1 CBD-to-THC ratio. A 25 mg gummy is 12.5× over the cap — effectively nothing in our current catalog qualifies. | SB 903 — total-THC standard plus a per-package cap. |
| Kentucky | Smokable flower and prerolls at retail. | Gummies, edibles, tinctures, softgels Up to 0.3% Δ9-THC by dry weight; no state per-package mg cap confirmed. Flower and prerolls are the restriction, not dose. | 302 KAR 50:070. |
| Alabama | Smokable hemp products. | Gummies, edibles, tinctures, softgels Up to 0.3% Δ9-THC by dry weight; no state per-package mg cap confirmed. Smokable form is the restriction, not dose. | HB 445. |
| Ohio | Intoxicating hemp outside the licensed channel. | CBD / CBG only — 0 mg intoxicating THC Intoxicating hemp is confined to the licensed channel; we are not in it. | SB 56. |
| Tennessee | Intoxicating hemp — treat as no-ship pending confirmation. | Nothing until confirmed | State framework restricts hemp-derived THC at general retail. |
| Massachusetts | Delta-8, delta-10, HHC, THC-O, THC-P — plus all gummies, edibles and tinctures. | Nothing yet — under review THCa flower and prerolls look permissible, but we're holding until counsel signs off | Two separate instruments. MDAR's memo of 12 Dec 2022, under M.G.L. c.128 §117, prohibits hemp-derived delta-8 because synthetically derived cannabinoids weren't touched by the 2018 Farm Bill. Then the joint DPH/MDAR/ABCC notice of 30 May 2024 makes hemp CBD or THC in food or beverage unlawful — that's what takes out the gummies. Flower isn't food, and the state's total-THC test applies to MA-grown hemp, not product shipped in. |
| Minnesota | All inhalables — flower, prerolls, vapes. HHC, THC-O, THC-P. And any edible over 5 mg per serving. | Nothing — effectively closed Legal in principle, but no SKU we make qualifies | Minn. Stat. ch. 342 under the Office of Cannabis Management; the 2026 omnibus (SF 4401) repealed the old §151.72 route. Lower-Potency Hemp Edibles cap at 5 mg per serving and 50 mg per package. Our smallest gummy is 10 mg — double the cap — and selling here also needs OCM registration. Opening Minnesota means a reformulated 5 mg SKU, not a policy change. |
| New Jersey | THCA flower and smokables — pending confirmation. | Gummies and edibles within the state per-serving cap — pending We will not publish an mg figure until counsel confirms it. Treated as no-ship until then. | Total-THC calculation and per-serving caps at general retail. |
| All vape hardware | Vapes and disposables to roughly a dozen states. | Everything non-vape in that state's allowed set | PACT Act — USPS will not carry vapor products; private carriers apply their own bans and adult-signature rules. |
Sources: P.L. 119-37 §781; state statutes and agency rules as cited. Where no state mg cap is shown, we found none published — that is not the same as no limit existing. Published lists of state hemp status disagree with each other in several states — we default to the more restrictive reading.
HOW WE ENFORCE IT
RATES & TRANSIT
| Orders $50+ | Free |
| Standard (2–5 business days) | $7.00 |
| Expedited (1–2 business days) | $18.00 |
| Cutoff for same-day dispatch | 2:00 PM ET |
IF SOMETHING GOES WRONG
Order to a prohibited state: cancelled and refunded in full, including shipping.
Package seized or refused in transit: we refund the order. We can't reship into a state that rejected it.
Wrong address or refused signature: returned to us, refunded minus outbound shipping.
This page is not legal advice. Hemp law is changing at both the federal and state level, and published state-by-state guides frequently disagree. You are responsible for knowing the law where you live. We reserve the right to cancel any order we believe would be unlawful to fill.
All products contain less than 0.3% Δ9-THC on a dry weight basis under the standard in effect at time of sale. Must be 21 or older. Keep out of reach of children and pets. Bearly Legal Hemp · 1 Alberigi Dr, Suite 112, Jessup, PA 18434.
Hemp cigarettes, THCa flower and delta-8 gummies, shipped from Jessup, Pennsylvania since 2019. Every batch lab tested, both THC numbers printed.
AT CHECKOUT
DRY WEIGHT
PUBLISHED
JESSUP, PA
COMPLIANT
1-888-823-2759 · TheBear@BearlyLegalHemp.com · Mon–Fri 9–5 ET
All products contain less than 0.3% Δ9-THC on a dry weight basis, compliant with the 2018 Farm Bill. Must be 21 or older to purchase. Not for sale in states where prohibited — see our shipping policy for the current state list. These statements have not been evaluated by the FDA and are not intended to diagnose, treat, cure or prevent any disease. Keep out of reach of children and pets. Do not drive or operate machinery after use. Nothing on this site is medical or legal advice.