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Is Delta-9 THC Legal in All 50 States?

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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.

The Legal Status of Delta 9 THC

Is Delta-9 THC legal in all states?

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

What Should You Look For When Buying Delta-9 THC?

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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 best quality and safest hemp 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
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