Is Delta-9 THC Legal in All 50 States?
Delta 9 THC is a psychoactive compound found in cannabis plants. It is known for its mind-altering effects and is often used recreationally.
However, the legal status of delta 9 THC is a bit murky, especially when it comes to hemp-derived delta 9 THC. Let’s take a closer look at the legal status of delta 9 THC in the United States and answer the question:
Is delta-9 THC legal in all 50 states?
What is Delta 9 THC?
Delta 9 THC, or tetrahydrocannabinol, is a psychoactive compound found in cannabis plants. It is known for its mind-altering effects and is often used recreationally. Delta 9 THC is the most well-known and studied cannabinoid, and it is responsible for the “high” associated with cannabis use.
Along with the psychoactive effects, Delta-9 THC is being extensively researched for a lot of potential health benefits ranging from relaxation to pain relief and even neuroprotection.
Delta 9 THC is not the only form of THC that exists in nature. There are also other types of THC, such as delta 8 THC, THCA, and THCV as well which are more often than not derived synthetically using chemicals because of the low amounts present in the hemp and marijuana plants.
What is the difference between Marijuana and Hemp Derived Delta-9 THC?
Delta 9 THC can be derived from both marijuana and hemp, which are two varieties of the same plant species, Cannabis sativa. Marijuana is high in delta 9 THC and low in CBD, while hemp is low in delta 9 THC and high in CBD. CBD, or cannabidiol, is another cannabinoid that has many therapeutic benefits, but does not cause intoxication.
In 2018, the US federal government passed the Farm Bill, which legalized hemp and its derivatives, including delta 9 THC, as long as they contain no more than 0.3% delta 9 THC by dry weight, and is derived from hemp.
This means that hemp products, such as CBD oil, hemp flower, and hemp delta 9 THC products, are legal at the federal level, as long as they meet the THC limit.
However, the Farm Bill also gave states the authority to regulate hemp and its products within their borders, which creates a lot of confusion and uncertainty for consumers and businesses who want to use or sell hemp delta 9 THC products.
Some states have followed the federal law and legalized hemp delta 9 THC products, while others have imposed restrictions or bans on them. As a result, the legal status of hemp delta 9 THC products varies from state to state, and sometimes even from county to county.
Delta-8 vs. Delta-9: Which Should You Choose?
If you're trying to decide between Delta-8 and Delta-9, here's what you need to know:
Delta-9 is stronger than Delta-8 - Delta-8 is about 20% less potent than Delta-9 and people often have to take more to achieve the same effect. This means you'll feel more noticeable effects with Delta-9. It's also the more natural option since it occurs naturally in higher amounts in the plant. Delta-8 needs chemical processing to produce, which is why many people prefer Delta-9.
That’s not to say that Delta-9 isn’t chemically extracted. In fact, most of the products are made from CO2 extraction or ethanol based extraction which can leave some solvent residue.
We, at Cannovia, use Cellular Deconstruction Technology™ which uses physical energy, not chemicals to extract delicate cannabinoids.
Delta-9 is also better understood because it's been studied for much longer. We know more about how it works in the body and what effects to expect. This makes it easier to use responsibly and find the right amount for you.
The Legal Status of Delta 9 THC
The legal status of delta 9 THC is a bit confusing due to the provisions of the 2018 Farm Bill. According to the bill, hemp-derived delta 9 THC is legal in 42 states, Puerto Rico, and Washington, D.C.
The updated Agricultural Act created a robust hemp industry, but it also caused a lot of confusion when it comes to the legality of hemp-derived products.
The greatest loophole of the 2018 Farm Bill was delta 8 THC. Since the law specified a maximum threshold for delta 9 levels, you could sell hemp-derived delta 8 THC as long as you keep the delta 9 under the federal limit.
States have started to react to that loophole, but then another concern has arisen: if you can sell delta 9 provided it’s less than 0.3% by dry weight, what’s the problem making a product large enough to allow a significant dose of THC despite the limits?
Unless state laws further regulate this matter, the answer is there’s no problem at all.
States Where Hemp Delta 9 THC Products are Legal
According to our research, there are 42 states, plus Puerto Rico and Washington, D.C., where hemp delta 9 THC products are legal, with no substantial restrictions or bans.
These states follow the federal law, which allows hemp products to contain up to 0.3% delta 9 THC by dry weight.
However, some of these states may have specific regulations or requirements for the production, testing, labeling, or sale of hemp delta 9 THC products. Some states have legalized cannabis for both medical and recreational use, while others have only legalized it for medical use.
Some states have decriminalized cannabis possession, while others have not. So you should always check the local laws and regulations before buying or selling them.
The states where hemp delta 9 THC products are legal are:
- Alabama
- Alaska
- Arizona
- Arkansas
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Illinois
- Indiana
- Iowa
- Kansas
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- Ohio
- Oklahoma
- Oregon
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
In these states, you can legally buy, sell, possess, and use hemp delta 9 THC products, as long as they meet the federal THC limit.
States Where Hemp Delta 9 THC Products are Restricted
There are some states that have imposed some limitations or regulations on hemp delta 9 THC products, either through legislation or enforcement actions. These restrictions may affect the availability and quality of hemp delta 9 THC products, and may also expose consumers and businesses to legal risks or penalties. Therefore, you should be extra cautious and diligent when buying or selling hemp delta 9 THC products in these states, and always follow the local laws and regulations.
The states where hemp delta 9 THC products are restricted are:
- California
- Idaho
- North Dakota
- Mississippi
Are Delta-9 Gummies Legal?
Hemp-derived Delta-9 THC gummies are federally legal, thanks to the Farm Bill, 2018. They must contain no more than 0.3% Delta-9 THC by dry weight.
This means you can buy and enjoy these gummies legally in most states, as long as they meet this requirement.
But here's the thing - states can make their own rules about Delta-9 products.
Most states follow the federal guidelines, but some have different regulations. It's always a good idea to check what's allowed in your state before buying any Delta-9 products.
Where Can You Buy Delta-9?
You can buy the best-quality Delta-9 products on Cannovia’s website. Here's what makes our products special:
Our Delta-9 Gummies:
- Made from the best US grown hemp
- Use gentle extraction methods that don't need harsh chemicals
- Retain natural ratios of compounds from the hemp plant (like terpenes and other beneficial compounds)
- Lab tested for quality and safety
- Made right here in the USA
What makes us different? Our Delta-9 gummies are nano-ionized™ for maximum absorption and quick onset.
Unlike traditional gummies that can take an hour to kick in, customers tell us they start feeling the effects of our nano-enhanced gummies in about 20 minutes.
We also keep all the natural ratios of compounds from the hemp plant together, just like nature intended.
Instead of using harsh chemicals, we use physics to extract these compounds, which means no chemical residues in the final product.
Will Delta-9 Show Up on a Drug Test?
This is a really important question. Yes, Delta-9 will show up on a drug test, and here's how long it usually stays in your system:
- Urine tests: Can detect it for 3-30 days (depends on how often you use it)
- Blood tests: Usually 1-7 days
- Saliva tests: 1-3 days
- Hair tests: Up to 90 days
How long it stays in your system depends on things like:
- How often you use it
- How much you use
- Your body type
- Your metabolism
- How much water you drink
- How active you are
Remember: Drug tests can't tell the difference between legal hemp-derived Delta-9 and marijuana-derived Delta-9. They both show up the same way on tests.
What Should You Look For When Buying Delta-9 THC?
However, you should be careful about the quality and safety of the products you buy, as not all products are created equal. Some products may contain more THC than advertised, or contain contaminants, such as pesticides, heavy metals, or solvents, that can harm your health.
To ensure that you are getting the safest and best delta 9 THC products, you should look for products that are:
- Made from naturally grown hemp, preferably from the US
- Extracted using CO2, rather than ethanol and other harsh chemicals.
- Tested by third-party laboratories for potency, purity, and safety
- Labeled with accurate and complete information, such as ingredients, dosage, and warnings
