Marijuana-infused sun products may be trending in beauty and wellness, but they are far from legal in every U.S. state. Whether a cannabis sunscreen, lotion, or balm is legal depends on multiple layers of regulation — federal law, the Farm Bill’s hemp distinction, and each state’s own cannabis and cosmetic rules.

At the federal level, sunscreens are considered over-the-counter (OTC) drugs, not cosmetics. The U.S. Food and Drug Administration (FDA) governs these under its sunscreen monograph, which lists approved active UV filters, dosage forms, and testing standards. Cannabinoids like CBD or THC are not approved sunscreen actives. This means they can only be used as inactive ingredients in products that already comply with FDA requirements. Any product making SPF claims without meeting those standards risks being labeled “misbranded” by regulators.

For products marketed as cosmetics—such as after-sun lotions or hydrating creams that do not claim SPF protection—the rules are slightly looser. The FDA does not pre-approve cosmetic ingredients and has not explicitly banned cannabis-derived ingredients in these products. However, companies must still ensure their products are safe, properly labeled, and make no medical or therapeutic claims. Under the Modernization of Cosmetics Regulation Act (MoCRA), all cosmetics facilities must now register with the FDA and list their products.

The 2018 Farm Bill added another layer to the conversation by defining hemp as cannabis with less than 0.3% THC on a dry weight basis, removing it from the list of controlled substances. Marijuana, however, remains federally illegal. This means hemp-derived CBD can be used in certain topicals—provided it meets all FDA and state requirements—while THC-infused products are only legal within specific state-regulated cannabis programs.

State laws vary widely. Some states with legalized cannabis allow THC-infused lotions and sunscreens to be sold in licensed dispensaries. Others, like Idaho, prohibit any product containing detectable THC, even within the federal hemp limit. Consumers should always verify the legality of cannabis-infused topicals with their state’s cannabis control board before purchasing.

Interstate transport creates another legal gray area. Even if a THC sunscreen is legal in one state, it cannot legally cross state lines under federal law. Ordering one online from a dispensary in another state—or packing it for a flight—can carry legal risks. Hemp-CBD products are less restricted, but they still must comply with FDA labeling standards and state-level hemp regulations.

For consumers, the takeaway is clear:

• If it lists SPF, it’s an FDA-regulated drug, and cannabinoids are not approved sunscreen actives.
• THC-infused sun care is state-specific and generally only available through licensed dispensaries.
• Hemp-CBD sun care is federally permitted when compliant and THC-free but subject to each state’s cosmetic laws.
• Avoid products that claim to “heal,” “repair,” or “treat” skin damage — such statements can trigger FDA enforcement.

Marijuana-infused sun protection remains an exciting innovation in wellness and skincare, but legality still depends on where consumers live and how the product is formulated. Knowing the difference between hemp and marijuana, cosmetic and drug classification, and each state’s regulations ensures buyers stay sun-safe and law-safe.