The short answer is no—marijuana (THC-containing) hair care products are not legal in every U.S. state. Even in states where cannabis is permitted, these products typically remain within the confines of licensed dispensaries and cannot be shipped across state lines.

The reason lies primarily in federal law. Marijuana, defined as cannabis with more than 0.3% delta-9 THC, remains illegal under the federal Controlled Substances Act. This means products made with THC cannot move across state lines, even between states that have legalized cannabis. As a result, shampoos, conditioners, or masks containing THC can only be sold where state laws explicitly allow it—and only through approved dispensaries.

By contrast, hemp-derived products—made from cannabis containing no more than 0.3% THC—were legalized federally through the 2018 Farm Bill. This legislation opened the door for hemp and CBD-infused cosmetics, including hair care products, to enter the mainstream retail market. However, the Food and Drug Administration (FDA) still regulates cosmetics to ensure they are not adulterated or misbranded, and companies cannot make therapeutic claims such as “treats dandruff” or “stimulates hair growth.”

State-by-State Differences

Each state interprets hemp and cannabis regulations differently:

• Idaho only permits products with 0.0% THC, meaning full-spectrum CBD hair products are not allowed. Retailers serving Idaho must ensure formulations are completely THC-free.
• California has established a clear framework under AB-45, allowing hemp-derived CBD in cosmetics as long as products are tested and properly labeled. However, marijuana-based hair products containing THC are restricted to dispensaries.
• New York’s Cannabinoid Hemp Program requires manufacturers and retailers to be licensed, mandates strict testing and labeling, and prohibits synthetic cannabinoids like delta-8 or delta-10 THC from being sold as hemp products.

Meanwhile, states with medical and adult-use cannabis laws—currently 40 medical and 24 adult-use states plus Washington, D.C.—may permit THC-containing topicals such as hair oils or masks within licensed dispensaries. But these permissions stop at state borders, meaning THC hair products cannot be legally shipped across the country.

Adding to the complexity, states have also been responding to the rise of intoxicating hemp-derived cannabinoids such as delta-8 THC. Some states regulate these products under marijuana laws, while others have banned them altogether, impacting how “hemp hair care” is marketed and sold.

What Shoppers Should Know

For consumers, the best rule of thumb is simple:

• If the product contains THC, it is likely dispensary-only and cannot be shipped.
• If it is hemp- or CBD-based, ensure it meets state-specific testing and labeling standards and does not make medical claims.
• Always review local regulations before purchasing or traveling with these products.

In summary, marijuana hair care products are not legal nationwide. Hemp-derived versions can be sold at retail, but only in compliance with both federal and state cosmetic laws. This patchwork system creates a complex compliance map that both brands and consumers must navigate carefully.