Understanding Delta-9’s Legal Standing in Your State

by Lura Briggs

Navigating the legalities around Delta-9 can be incredibly confusing. You might live in a state where medical marijuana is legal, or you live in a state with harsh penalties. Either way, you want to be sure that what you consume and have in your possession will not get you in trouble with the law. In 2018 the Federal Farm Bill was passed, making Delta-9's legal standing even more complex.

How is Delta-9-THC Legal?

In 2018 the Farm Bill legalized hemp at the federal level, not marijuana. The distinguishing factor between the two plants was their Delta-9-THC content level. The product must contain less than 0.3% Delta-9-THC by dry weight to be classified as hemp.

The 2018 Farm Bill states, "The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis." This simple regulation makes Delta-9 legal in specific quantities.

Delta-9 Tetrahydrocannabinol Legal Limit

Delta-9-THC must be derived from hemp plants, not marijuana, in order to be Farm Bill compliant. The 2018 federal Farm Bill classifies hemp as containing less than 0.3% Delta-9-THC on a dry weight basis. The loophole lies in the 0.3% THC per weight limit. By infusing Delta-9 into larger size gummies, drinkables, or other edibles, the ratio is maintained, but the total THC quantity is higher.

It's a simple math problem. Imagine you have 6 grams of dry product. You can then have up to 18mg of THC and still fall within the federally legal limit. It would be federally illegal if it were cannabis. However, since it falls under the 0.3% limit for hemp, the Farm Bill permits it.

Is Hemp Delta-9 Legal?

Under federal law, Hemp Delta-9 is completely legal to ship. The loophole lies in regulations around the percentage of THC per dry weight. Provided the product contains less than 0.3% Delta-9 per weight, it can be shipped across the US. Regardless of your state's position on marijuana, hemp-derived Delta-9 is federally legal through the Farm Bill.

Hemp Delta-9 vs. Regular Delta-9: What’s the Difference?

Chemically there is no difference between Hemp Delta-9 and Delta-9 derived from marijuana. The compound is identical. The distinction lies in where the Delta-9 is sourced, whether from cannabis or hemp, and the 0.3% Delta-9-THC legal cutoff. If the plant that the Delta-9 comes from has a low THC content, it is legal at the federal level. If the plant has a high THC content, it's a Schedule I controlled substance.

To summarize, hemp Delta-9 is legal as long as it's below a certain concentration level. Neil Willner, the co-chair of the cannabis group at RCCB Law, explained, "products that contain hemp-derived delta-9 THC from legally sourced hemp are not illegal, meaning the DEA or law enforcement may be hard-pressed to send you to jail."

Delta-9 Legal Standing by State:

Although the Farm Bill made both CBD and Delta-9 legal. Each state can create stricter rules around the sale and possession of Delta-9 products. Check below to read about your state's legal ruling on Delta-9.