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Is Delta 9 Legal? Hemp-Derived Delta 9’s Legality in Your State

is delta 9 legal

Navigating the complexities around delta-9 THC legal status can be incredibly confusing. For example, you might live in a state where delta-9 THC is permitted in any form or concentration, a place with severe restrictions, or a state with evolving rules. Either way, you’ve probably noticed a surge of psychoactive hemp delta-9 products online and in stores and wondered if they’re legal to purchase and consume where you live.

What is Delta-9 THC?

 

Delta-9 THC is the primary psychoactive component in all Cannabis sativa plants, including hemp and marijuana. From a chemical perspective, delta-9 is delta-9 no matter what plant it comes from, but from a legislative perspective, hemp delta-9 and marijuana delta-9 are very different cannabinoids. Hemp-derived Delta-9 THC is legal in various states, whereas marijuana delta-9 is legal US-wide.

States Where Hemp Delta-9 is Legal

 

Delta 9 is legal in:

  • Arizona  
  • California  
  • Colorado  
  • Connecticut  
  • Illinois  
  • Maine  
  • Massachusetts  
  • Michigan  
  • Montana  
  • Nevada  
  • New Jersey  
  • New Mexico  
  • New York  
  • Oregon  
  • Rhode Island  
  • Vermont  
  • Virginia  
  • Washington  
  • Maryland  
  • Missouri 

Nearly every state allows hemp-derived delta-9 THC in some form due to the 2018 Farm Bill designation that legalizes hemp and all its derivative compounds. Idaho is the only state in the country that explicitly bans all hemp products containing THC.

States Where Hemp delta-9 is Restricted 

California

 

California doesn’t explicitly ban hemp delta-9, but the state recently issued a restrictive potency rule that could effectively prohibit these products soon. California’s AB-45 statute indicates that intoxicating products can no longer be considered hemp, even if they only contain hemp-derived compounds.

According to the new rules, California’s hemp products must contain less than 0.3% THC, which now includes the sum of any form of THC, including delta-8, delta-9, and delta-10. Additionally, all products must undergo third-party laboratory potency testing for all hemp derivatives and be labeled with this information. 

The state also indicated it might adopt regulations banning total THC in milligrams based on product type, volume, servings, and the ratio of cannabinoids to THC to prevent psychoactive effects.

Finally, California’s AB-45 statute immediately banned inhalable hemp products until the state implemented a taxation framework.

States That Ban Hemp Cannabinoid Conversions (Most Hemp delta-9 Would Be Illegal)

 

Hemp-derived Delta 9 is illegal in:

  • Colorado
  • North Dakota
  • Washington

Colorado

 

Colorado legalized hemp in 2019, including all derivatives, as Delta-9 THC remains below the Farm Bill Limit. However, in 2021, Colorado’s Department of Public Health and Environment and the Marijuana Enforcement Division issued a notice explaining that “chemically modifying or converting any naturally-occurring cannabinoids from industrial hemp is non-compliant with the statutory definition of an ‘industrial hemp product.’ This includes any process that converts an industrial hemp cannabinoid, such as CBD isolate, into delta-9, delta-8, delta-10-THC, or other tetrahydrocannabinol isomers or functional analogs.”

Colorado’s clarification essentially bans all delta-8 products and most hemp delta-9 extracts.  

North Dakota

North Dakota technically allows hemp delta-9, but its amended rules prohibit chemical cannabinoid conversions. The revised law states that hemp licensees may not “engage in the isomerization of cannabinoids to create isomers of tetrahydrocannabinol, including delta – 8, delta – 9, and delta – 10 tetrahydrocannabinol; and Sell hemp or hemp products that were created using the isomerization of cannabinoids to create isomers of tetrahydrocannabinol, including delta – 8, delta – 9, and delta – 10 tetrahydrocannabinol.”
North Dakota’s amended law also includes all THC analogs in the Farm Bill’s 0.3% THC limit, eliminating most hemp delta-9 products from the market.

Washington

 

Washington’s SB 5276 law legalized hemp under the Farm Bill definitions. However, On April 28, 2021, Washington State’s Liquor and Cannabis Board issued a policy statement explaining that converting CBD or hemp to delta-8 THC or delta-9 THC is prohibited under the state’s Uniform Controlled Substances Act. The Liquor and Cannabis Board further clarified that retailers should not knowingly buy from brands that engage in this practice or sell the products to consumers.

It’s important to note that these rules apply to production and sale, not possession. In other words, while consumers may lose access to hemp delta-9 products in these states, they likely can’t be criminally prosecuted for having these products.

States Where Hemp Delta-9 is Banned

Idaho

 

Why is delta-9 illegal in Idaho? 

At the end of 2021, the USDA approved Idaho’s hemp program to allow hemp cultivation and transportation. Still, it did not allow operators to sell consumer products containing any form of THC. That’s because the state’s Uniform Controlled Substances Act bans products from having any quantity of THC in products. Idaho’s attorney general opinion 2015 illustrates the state’s attitude by confirming that even naturally derived hemp oils and CBD products are illegal unless they contain no “quantity” of THC. 

As a result, Idahoans reside in the only US state where hemp delta-9 (and nearly every hemp product) is explicitly forbidden by law.  

States Where Delta-9 is in Dispute but Still Legal

Hemp delta-9 rules in Kentucky, Pennsylvania, Vermont, and Arizona are worth examining.

Kentucky

Hemp delta-9 is presently allowed in Kentucky under the 2018 Farm Bill rules. However, state legislatures attempted to ban delta-8, intoxicating hemp products, and those created through chemical conversions this year. These rules were blocked, but some experts believe they will be re-filed next year. If passed, Senate Bill 170 would destroy Kentucky’s hemp delta-9 market.

Pennsylvania

 

Pennsylvania’s senate legalized industrial hemp in 2019 (SB 335) with rules aligning with the 2018 Farm Bill. As a result, hemp-derived delta-9 is legal to buy and sell in the state. However, that may change very soon. In April 2022, two Pennsylvania senators said, “Soon, we will introduce language that would ban products sold that contain Delta-8 THC made from hemp.” The message also made it clear that Pennsylvania senators take issue with the chemical conversion process used to produce delta-9, which may lead to further limitations.

Vermont

 

Vermont operates under Farm Bill limits, making hemp delta-9 products legal in the state. At the same time, Vermont has a rule banning the “use of synthetic cannabinoids in the production of any hemp product or hemp-infused product.” Currently, the state only applies those rules to delta-8 THC, but theoretically, they may argue that the law applies to manufactured hemp delta-9 products as well.

Delta-9 THC’s Legal Standing by State:

Aside from states with specific delta-9 and product restrictions, consumers can purchase legal delta-9 cartridges, legal delta-9 gummies, legal delta-9 edibles, and legal delta-9 flowers online and in stores nationwide. 

Is delta 9 legal in Alabama?

 

According to the Farm Bill’s definition, hemp-derived delta-9 THC is legal in Alabama. Today, adult Alabama residents can buy delta-9 products like legal delta-9 carts and gummies that comply with the delta-9 tetrahydrocannabinol legal limit.

Is delta 9 legal in Alaska

 

Alaska does not explicitly ban hemp-derived delta-9 products, and the state allows processed industrial hemp products to contain up to 50 milligrams of delta-9 THC per individual product. That said, Alaska strictly bans all tetrahydrocannabinol and isomers aside from hemp-derived delta-9.

Is delta 9 legal in Arizona?

 

Hemp-derived delta-9 THC is legal in Arizona today despite legislative challenges. In 2022, Arizona’s senate passed Arizona’s Bill 1715, seeking to ban the production and sales of “hemp-derived manufactured impairing cannabinoids.” Fortunately, attempts to move this bill to the House failed. As a result, Arizonians can buy legal delta-9 cartridges and extracts in the state.

Is delta 9 legal in Arkansas?

 

Arizona legalized industrial hemp production in 2017. However, the state issued a new bill in 2021 (HB 1640), redefining industrial hemp to mean any plant and any part of the plant, including all extracts, cannabinoids, and isomers that contain “a tetrahydrocannabinol” concentration federal limit. This amended definition means hemp delta-9 remains legal in Arkansas, but the total THC limit now includes all tetrahydrocannabinol like delta-8 and delta-10. This amended definition effectively bans delta-8 products.

Is delta 9 legal in California?

 

Hemp delta-9 THC is legal in California. However, the state recently severely restricted the types and forms of hemp products people can access. For example, vaping is banned until the state implements a tax structure, and Hemp products containing THC isolates are also forbidden. Additionally, THC concentration limits now apply to the total of all THC types, effectively outlawing most delta-8 products on the market.

Is delta 9 legal in Colorado?

Hemp-derived delta-9 THC is technically legal except when manufacturers produce the product through a chemical conversion. Unfortunately, Colorado’s conversion ban may effectively eliminate the hemp delta-9 market in the state.

Is delta 9 legal in Connecticut?

Hemp-derived delta-9 THC products in Connecticut are legal if the total THC content remains below 0.3% of a product’s mass by dry weight. Connecticut’s SB1201 bill updated the definition of total THC to include isomers like delta-7, delta-8, and delta-10t. As a result, delta-9 is legal, but THC isomers are effectively banned.

Is delta 9 legal in Delaware?

Delta-9 THC is legal in Delaware in hemp products that fall under the delta-9 tetrahydrocannabinol legal limit. However, the state banned all other tetrahydrocannabinol in its Uniform Controlled Substances Act.

Is delta 9 legal in Florida?

Hemp-derived delta-9 THC is legal in Florida. Residents can buy legal delta-9 edibles and vape online without a prescription or medical card. Delta-8 is also legally protected in the Sunshine State. 

Is delta 9 legal in Georgia?

 

In Georgia, operators can legally produce, process, and sell hemp-derived delta-9 THC. However, consumers might be limited to vapes and smokable flowers because the Georgia Department of Agriculture prohibits hemp-derived compounds in food, drink, and dietary supplements.

Is delta 9 legal in Hawaii?

 

Hemp delta-9 is legal in Hawaii, but several products are not. Hawaii recently banned smokable hemp and cannabinoid gummies and beverages. Consumers can only purchase hemp-derived delta-9 in tablets, capsules, powder, soft gel, gelcap, or liquid form delta-9 syrup).

Is delta 9 legal in Idaho?

Idaho is the only state in the country where consumers cannot purchase hemp products that contain THC of any kind.

Is delta 9 legal in Illinois?

Hemp-derived delta-9 THC is legal in Illinois. Adults can buy compliant delta-9 THC gummies, vapes, beverages, and flowers from online and brick-and-mortar retailers.

Is delta 9 legal in Indiana?

Hemp-derived delta-9 THC is legal in Indiana. Residents can buy delta-9 THC gummies, vapes, and extracts without a prescription or medical card.

Is delta 9 legal in Iowa?

 

In its Controlled Substances legislation, Iowa explicitly banned cannabis-derived tetrahydrocannabinol but makes exemptions for legal hemp products that contain less than 0.3% by dry weight. As a result, hemp delta-9 products are allowed in the state despite laws that ban Delta-8.

Is delta 9 legal in Kansas?

 

According to the Kansas attorney general (AG), tetrahydrocannabinol and isomers like delta-9 and delta-8 are legal to possess and sell in the state. However, the AG clarifies that the compounds must be made from industrial hemp in a lawful product with less than 0.3% total tetrahydrocannabinol (THC). “Unlawful hemp products include cigarettes, cigars, teas, and substances for use in vaping devices.”

Is delta 9 legal in Kentucky?

Despite recent ban attempts, hemp-derived delta-9 THC is legal in Kentucky. As a result, adults can buy delta-9 THC gummies, syrups, vapes, and other products, at least for another year.

Is delta 9 legal in Louisiana?

Hemp-derived delta-9 THC is legal in Louisiana. Therefore, eligible residents can buy hemp delta-9 THC products freely.

Is delta 9 legal in Maine?

Delta-9 THC is entirely legal in Maine. Adults in the state can buy delta-9 THC gummies and vapes that comply with the delta-9 tetrahydrocannabinol legal limit.

Is delta 9 legal in Maryland?

Hemp-derived delta-9 THC is legal. Adults can buy delta-9 THC extracts and edibles, provided they comply with the 2018 Farm Bill limitations.

Is delta 9 legal in Massachusetts?

Hemp-derived delta-9 THC is legal in Massachusetts. Adults can buy delta-9 THC gummies, vapes, and extracts without penalty.

Is delta 9 legal in Michigan?

 

Hemp-derived delta-9 THC products are legal in Michigan. However, a recent bill changed the 0.3% THC limit to include the sum of all tetrahydrocannabinol, including delta-8 and delta-10.  

Is delta 9 legal in Minnesota?

 

Delta-9 THC is permitted in Minnesota. State lawmakers recently clarified that hemp-infused food and beverages containing THC compounds like delta-8, 9, and 10 are allowed.

Is delta 9 legal in Mississippi?

 

Hemp delta-9 products are legal in Mississippi with some limitations. According to Mississippi House Bill 1547, adults can only legally possess hemp products with a 20:1 CBD to delta-9 ratio and cannot keep products with over 2.5mg of THC per ml.

Is delta 9 legal in Missouri?

Hemp-derived delta-9 THC is legal in Missouri. Adults can buy delta-9 THC gummies, vapes, and extracts as long as they don’t contain prohibited Delta-8.

Is delta 9 legal in Montana?

Hemp-derived delta-9 THC is legal in Montana, and residents can buy compliant delta-9 THC products. However, Montana’s Controlled Substances Act does ban other THC isomers, including Delta-8 and Delta-19.

Is delta 9 legal in Nebraska?

 

Hemp-derived delta-9 THC is legal in Nebraska. Adult consumers can buy compliant delta-9 THC gummies and vapes without a prescription or medical card.

Is delta-9 legal in Nevada?

Nevada follows the 0.3% THC limit in alignment with the Farm Bill. However, Nevada changed the definition of THC to include the sum of all isomers like delta-7, delta-8, and delta-10. So, while hemp-derived delta-9 THC is legal, products cannot contain tetrahydrocannabinol that exceeds the legal concentration limit.

Is delta-9 legal in New Hampshire?

 

New Hampshire legalized hemp in 2019 per the Farm Bill’s definition. The state did not include other THC isomers in the 0.3% limit, so delta-9, delta-8, delta-10, and THC-O are legal in the state.

Is delta-9 legal in New Jersey?

Hemp-derived delta-9 THC is legal in New Jersey. Adults can buy compliant delta-9 THC gummies, vapes, and extracts in hemp shops and online.

Is delta-9 legal in New Mexico?

Hemp-derived delta-9 THC is legal in Mexico. Adult consumers can buy delta-9 THC gummies, vapes, and extracts without a prescription or medical card.

Is delta-9 legal in New York?

 

Delta-8 and Delta-10 sales are prohibited in the Empire State, but hemp delta-9 is legal in products below the 0.3% THC limit.

Is delta-9 legal in North Carolina?

Hemp-derived delta-9 THC is legal in North Carolina. Adult residents can buy delta-9 THC gummies, vapes, and extracts that comply with state law.

Is delta-9 legal in North Dakota?

 

Hemp-derived delta-9 THC is technically legal in North Dakota. However, the state’s recent isomerization ban and amended rules that include all tetrahydrocannabinol in the 0.3% Farm Bill make it extraordinarily difficult for operators to sell these products compliantly.

Is delta-9 legal in Ohio?

Hemp-derived delta-9 THC is legal in Ohio. Adults can buy delta-9 THC gummies, vapes, and extracts that comply with state law.

Is delta-9 legal in Oklahoma?

Hemp-derived delta-9 THC is legal in Oklahoma. Adult residents can buy delta-9 THC gummies, vapes, and extracts that comply with state law.

Is delta-9 legal in Oregon?

 

Oregon’s recent HB 3000 law created new rules surrounding industrial hemp products. The state now defines hemp products that exceed 0.5 milligrams of THC (including delta-9 and delta-8) as “adult-use cannabis items.” As a result, most hemp delta-9 products now fall under the state’s highly regulated cannabis program. In short, hemp delta-9 is still legal in Oregon, but psychoactive products may be limited to dispensaries.

Is delta-9 legal in Pennsylvania?

 

Despite recent senator statements, hemp-derived delta-9 THC is presently legal in Pennsylvania. As a result, adult residents can buy delta-9 THC gummies, vapes, and extracts that comply with state law.

Is delta-9 legal in Rhode Island?

 

Hemp-derived delta-9 THC is legal in Rhode Island. Adult residents can buy delta-9 THC gummies, vapes, and extracts that comply with the law. However, the state classifies other tetrahydrocannabinol, like delta-8, as controlled substances.

Is delta-9 legal in South Carolina?

Hemp delta-9 THC is entirely legal within potency limits in South Carolina. Therefore, adult residents can buy delta-9 THC gummies, vapes, and extracts that comply with state law.

Is delta-9 legal in South Dakota?

Hemp-derived delta-9 THC is legal in South Dakota if it falls under the 0.3% per weight limit. Adult residents can buy delta-9 THC gummies, vapes, and extracts that comply with state law.

Is delta-9 legal in Tennessee?

Hemp-derived delta-9 THC is legal in Tennessee. Adult residents can buy delta-9 THC gummies, vapes, and extracts that comply with state law.

Is delta-9 legal in Texas?

Hemp-derived delta-9 THC is legal in Texas. Adults over 21 can buy delta-9 THC gummies, vapes, and extracts that comply with state law.

Is delta-9 legal in Utah?

Hemp-derived delta-9 THC is legal in Utah. Adult residents can buy delta-9 THC gummies, vapes, and extracts that comply with state law.

Is delta-9 legal in Vermont?

Hemp-derived delta-9 THC is legal in Vermont. However, Vermont has rules against synthetic cannabinoids that some industry experts think could be used against delta-9.

Is delta-9 legal in Virginia?

Hemp-derived delta-9 THC is legal in Virginia. Adult residents can buy delta-9 THC gummies, vapes, and extracts that comply with state law.

Is delta-9 legal in Washington?

 

Washington’s SB 5276 rules legalized hemp using the Farm Bill’s definition that requires less than 0.3% THC by dry weight. Consumers can technically purchase hemp delta-9 products if they comply with the state’s rules. However, the recent conversion ban will make most hemp delta-9 products illegal by default. 

Is delta-9 legal in West Virginia?

Hemp-derived delta-9 THC is legal in West Virginia. Adult residents can buy delta-9 THC gummies, vapes, and extracts that comply with state law.

Is delta-9 legal in Wisconsin?

Hemp-derived delta-9 THC is legal in Wisconsin. Adult residents can buy delta-9 THC gummies, vapes, and extracts that comply with state law.

Is delta-9 legal in Wyoming?

Hemp-derived delta-9 THC is legal in Wyoming. Adult residents can buy delta-9 THC gummies, vapes, and extracts that comply with state law.

Delta-9 THC Legal Limit

The 2018 federal Farm Bill says hemp’s delta 9 tetrahydrocannabinol legal limit is 0.3% on a dry weight or volume basis. However, the law’s rhetoric does not include a delta-9 THC legal limit of milligrams per serving. As a result, the Farm Bill leaves a loophole for manufacturers to produce relatively potent blends while remaining compliant. For example, manufacturers can add enough legal delta-9 to create psychoactive products while maintaining the 0.3% limit by simply increasing the product’s weight. 

How Can I Purchase Delta-9 Legally?

Thanks to the 2018 Farm Bill, products containing less than 0.3% delta-9 per weight are legal in most states. The exceptions are Idaho, with an explicit ban, and states like Oregon that redefined hemp’s legal limit to under .5 milligrams per product. Consumers should always check the latest local laws before purchasing hemp delta-9 products.

How Old Do You Have to Be to Purchase Hemp Delta-9 Products?

The Farm Bill doesn’t establish rules for age on buying hemp products. However, most states require a minimum age of 18, and some states, like Texas, require consumers to be 21. In the future, more states may increase the age to 21 as they discover hemp products’ psychoactive properties.

Could You Get Arrested if Caught in Possession of Hemp Delta-9?

No one can answer that question with 100% certainty. After all, police officers don’t always understand state laws and might falsely assume you’re carrying an illegal substance. Federal law implies you cannot face legal consequences for possessing hemp delta-9 unless your state bans the substance. So, theoretically, you could only get arrested if you purchased hemp delta-9 in a state that explicitly prohibits sales.

Conclusion

 

Hemp delta-9 is federally legal and permissible in 49 states under the 2018 Farm Bill’s 0.3% THC limits. The federal government may raise the delta-9 THC limit in the 2023 Farm Bill. However, inconsistent regulations, cannabinoid conversion bans, and stringent lab testing requirements mean you may not have access to the full array of these products in your state. 

We hope the federal government legalizes cannabis soon, so we no longer have to ask if delta-9 is legal in hemp productsBut until then, we hope this state-by-state delta-9 legality guide is a meaningful resource.

Elena Schmidt

Writer

Elena Schmidt is a writer, entrepreneur, and yoga teacher in Austin, Texas. She holds a journalism degree from the University of Miami and spent nearly a decade in editorial and content management for the health and beauty sectors. Today, Elena runs a boutique content marketing agency targeted towards brands that matter. Elena has found her passion supporting industries like plant medicine, cannabis, psychedelics, and wellness. She has written countless articles on these subjects and is passionate about spreading the word to those who need it most.