Many people are familiar with Delta-9 THC, the main cannabis compound that gives the plant its psychoactive effects. Most also know that Delta-9 THC is a controlled substance.
However, THC legality has become a complicated topic since the USDA passed the 2018 Farm Bill. This law legalized the sale of hemp, and its derivative compounds, including Delta-9 THC below 0.3% concentration. Hemp-derived Delta-9 products that fall below the threshold are legal to sell and produce.
Many people are turning to hemp-derived Delta-9 because it provides the same psychoactive effects and health benefits as marijuana while also legal to buy in most of the United States.
Here we look at what makes hemp-derived Delta-9 products legal and why people use them.
What Is Hemp-Derived Delta-9?
Cannabis sativa plants that produce Delta-9 THC have two variations: marijuana and hemp. Marijuana plants contain potent Delta-9 THC levels (often between 15% and 20%), which lead to the infamous “high” feeling users experience. On the other hand, hemp plants and products contain no more than 0.3% delta-9 THC by dry weight.
Despite the legal distinction, Delta-9 is Delta-9, no matter if it comes from hemp or marijuana. The term “hemp-derived delta-9” simply means that manufacturers extracted it from federally legal hemp plants rather than marijuana.
Some manufacturers extract hemp-based Delta-9 directly from the plant to make their products. However, because hemp plants contain such small amounts of THC, some manufacturers create these formulas through a semi-synthetic process that converts hemp-derived CBD to Delta-9 THC.
Where Is Hemp-Derived Delta-9 Legal?
Many people looking at the influx of THC products might wonder, “Is delta 9 legal where I live?” That answer depends mainly on the Delta-9 source.
Delta-9 from hemp is legal in most places due to the 2018 Farm Bill. The bill’s specific language defines hemp as any part of cannabis plants, “including the seeds and all derivatives” that contain a Delta-9 THC concentration of “no more than 0.3% on a dry weight basis.” This THC limit makes hemp-derived Delta-9 federally legal and available in nearly every state.
Still, a few states have restricted or banned hemp-derived cannabinoids, hoping to close the Farm Bill’s loophole for federally legal psychoactive products.
Where Hemp-Derived Delta-9 Is Restricted,
California law indicates 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. This rule severely restricts hemp-derived delta-9 product access because many contain a blend of THC isomers to boost psychoactive properties.
Other states, including Kentucky, Pennsylvania, Vermont, and Arizona, have similar laws up for consideration that could affect hemp-derived Delta-9, although it remains legal there for now.
Where Hemp-Derived Delta-9 Is Banned
A few states introduced laws that say it is illegal to convert naturally occurring cannabinoids like Delta-9 THC from the CBD in hemp. These states indicate that chemical conversion makes the product “non-compliant with the definition of an industrial hemp product.”
So far, these states include:
- Colorado
- North Dakota
- Washington
- Idaho (the only state that explicitly bans all forms of THC, regardless of whether they come from hemp or marijuana)
It’s important to note that while these rules restrict access to hemp-derived THC, they only apply to brands producing and selling hemp THC and don’t involve criminal punishments for possessing it.
Benefits of Hemp-Derived Delta-9
A considerable benefit of hemp-derived delta-9 THC is it is federally legal in the U.S., meaning people can freely purchase it in most states without medical marijuana cards and take it across state lines.
Because there is no difference between hemp delta-9 and regular delta-9, users can legally get “high” and use THC for its many health-related benefits.
Psychoactive effects
Chemically, the THC in hemp and marijuana is identical. Both forms bind to the same receptors throughout the brain and central nervous system that give users the trademark high THC is famous for, increasing happiness and relaxation.
Due to legislative reasons, the difference between hemp-derived delta-9 and conventional delta-9 THC occurs in their potency at a product level.
- Regular marijuana products contain high THC levels, upward of 20%.
- Hemp products must remain below 0.3% THC on a dry-weight basis.
In theory, THC levels at 0.3% or less aren’t high enough to produce the illicit effects that get users high. However, the key here is the term “dry weight.”
The DEA and USDA don’t have guidelines on determining dry weight content for THC products like oils, beverages, or edibles, leaving a loophole for manufacturers to make compliant products with relatively potent THC levels by simply increasing the weight. For example, hemp-derived THC edibles can contain 18 mg of THC—an amount in line with marijuana edibles that would give most users a fairly potent buzz.
Health and wellness
Many people use hemp-derived THC to help relieve medical symptoms and improve well-being. Research indicates several THC benefits, including:
- Reducing pain and inflammation.
- Boosting mood, helping to ease depression and psychiatric disorders.
- Reducing stress and anxiety by increasing feelings of relaxation and calm.
- Reducing nausea and stimulating appetite in medical patients.
- Helping with insomnia and short-term sleep disorders.
Hemp-Derived Delta-9 Products
Hemp-derived Delta-9 THC products are available almost everywhere now. Consumers can purchase hemp Delta-9 from hemp shops, convenience stores, gas stations, and online. The list of ways to consume hemp-derived Delta-9 THC closely matches the regular marijuana products many users enjoy, including:
- Edibles, such as gummies, candies, and cookies
- Concentrates
- Tinctures
- Vapes
- Smokable flower (Delta-9 distillate is sprayed on)
The Bottom Line
Hemp-derived Delta=9 THC is federally legal and available in most states. Because hemp-derived THC is chemically identical to marijuana’s famous Delta-9 THC, users can legally enjoy its many benefits, including boosting mood, relieving pain, and increasing relaxation.
Although federal regulations restrict hemp-derived products to less than 0.3% Delta-9 by dry weight, many brands use creative math to make compliant yet potent formulations. Those seeking a legal alternative to high-THC cannabis can explore various options online and in-stores.
