Delta 9 is federally legal in the U.S. as of the 2018 Farm Bill as long as it’s derived from hemp, a variant of the cannabis sativa plant that contains less than 0.3% THC by dry weight.
As a result, hemp-derived delta 9 products are widely available online and in CBD stores.
However, certain states have made delta 9 products illegal or placed restrictions on them, and laws are always changing, which is why we recommend you research your state’s laws before buying delta 9 online.
In this article, we’re going to discuss how delta 9 is legal, the difference between hemp and marijuana, and which states delta 9 is and isn’t legal in.
What is Delta 9?
Delta-9-tetrahydrocannabinol (delta 9 THC or delta 9) is a naturally occurring cannabinoid in the cannabis sativa plant. Hemp is a federally legal type of cannabis sativa that contains less than 0.3% THC by dry weight; this is purely a legal distinction, as the two plants are otherwise genetically identical.
Delta 9 is the cannabinoid most people are referring to when they say “THC.” It’s the most naturally abundant cannabinoid in cannabis and the one responsible for its signature euphoric, relaxing high effect.
While recreational cannabis use is what originally made delta 9 popular, the 2018 Farm Bill and the emergence of hemp-derived delta 9 products have made this cannabinoid legally available to many more people who can benefit from it therapeutically.
Is Delta 9 Legal in the US?
Delta 9 is considered federally legal in the U.S. as long as it’s extracted from hemp, a variant of the cannabis sativa plant that contains less than 0.3% THC by dry weight.
The piece of legislation that made delta 9 legal is the 2018 Farm Bill (which has been extended through 2025), which states that hemp and products derived from it are legal.
Given that delta 9 is a cannabinoid that naturally occurs in hemp, it fits the Farm Bill definition of a derivative.
While the only standard for THC content set by the Farm Bill concerns the dry weight of the plant itself, it’s been widely interpreted also to apply to products: this means delta 9 gummies are considered a hemp product if they contain less than 0.3% THC by weight (even if this standard was designed to measure THC potency in dry plant matter).
Hemp vs. Marijuana: What’s the Difference?
Hemp and marijuana are two variants of the cannabis sativa plant. The difference between them lies entirely in the amount of THC they contain. Hemp contains less than 0.3% THC by dry weight, while the government classifies cannabis with 0.3% THC or more by dry weight as marijuana.
While it varies depending on the strain that farmers are trying to grow, hemp and marijuana contain the same cannabinoids (e.g. CBD, CBG, CBN) and terpenes (terpinolene, humulene).
The two terms are mostly just used as a legal distinction, as the THC content is the only functional difference between the two variants.
Hemp vs. marijuana product potency
This distinction has little difference when it comes to creating products made from hemp extract. This is because, as mentioned earlier, the 0.3% THC rule has been interpreted also to apply to finished products (gummies and oil) and not just flower.
Therefore, delta 9 gummies can theoretically contain very large amounts of delta 9 because 0.3% THC by weight in a gummy is a lot of extract – more than any person would want to consume at a time.
As a result, gummies made from hemp-extracted delta 9 can be every bit as potent as gummies made with marijuana-extracted delta 9.
Delta 8 vs. Delta 9: What’s the Difference?
Like delta 9, delta-8-tetrahydrocannabinol (delta 8 THC or delta 8) is a naturally-occurring cannabinoid in the cannabis sativa plant. It is also psychoactive, but tends to be more uplifting and just half as potent.
Because of its occurrence in hemp, delta 8 is also considered federally legal under the Farm Bill.
However, delta 8 only naturally occurs in very small amounts. Because of this, it has to be manufactured synthetically (by converting cannabidiol, or CBD) to be collected in large enough amounts to make potent products.
Despite this, the fact remains that delta 8 is naturally occurring, which has laid rest to most of the questions around whether it could truly be considered a hemp derivative.
(Even THC-O, which isn’t naturally occurring, has been ruled a hemp derivative by a US Appeals court, on the grounds that it can be made from a hemp extract).
States Where Delta 9 is Legal
Hemp-derived delta 9 is legal in the following U.S. states:
- Alabama
- Arizona
- Arkansas
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Pennsylvania
- Puerto Rico
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington D.C.
- West Virginia
- Wisconsin
- Wyoming
States Where Delta 9 Is Illegal or Restricted
Hemp-derived delta 9 is illegal in the following U.S. states:
- Alaska
- California
- Idaho
- Washington
NOTE: We update this article frequently, but because regulations are constantly in flux, we always recommend you research the legality of delta 9 in your state before purchasing it online.
Legal Risks and Concerns of Delta 9 Products
While hemp-derived delta 9 is federally legal and legal in most states, there are still some concerns around using it legally that you’ll want to be aware of:
Drug testing
Most drug tests screen for delta 9 THC due to its prominence in marijuana, which is still federally illegal and illegal in about half of U.S. states.
And because hemp and marijuana are genetically the same (save for THC percentage), and the THC extracted from each plant is the same molecule, hemp-derived products will cause you to test positive for delta 9, even though it’s in your system legally.
While delta 9 products are legal, we strongly recommend you avoid them if you have to undergo drug testing regularly or randomly.
Law enforcement
Even though it’s federally legal, the hemp flower you can buy at a CBD store looks just like marijuana flower. And if a law enforcement officer discovers it during a traffic stop, they’ll likely assume it is marijuana, which could land you in jail in states where it’s illegal.
While you could ask to have the flower tested to prove you were legally in possession of it, the prospect of jail time is likely a risk you don’t want to face. Understand that hemp-derived delta 9 products may appear to be illegal marijuana products, and take proper precautions accordingly.
Air travel
Even though delta 9 is federally legal, you’ll want to exercise precaution around taking it on a flight.
While you can legally fly with delta 9, there’s always a risk that a TSA officer could mistake your product for marijuana. TSA officers won’t search your bags for these products, but if they discover something and determine it to be illegal, they’re obligated to notify airport police.
Generally, TSA will adhere to federal law (which says delta 9 is legal), so you may not have an issue if your product is clearly labeled and you have documentation, like lab reports, to back it up. Still, we recommend you exercise caution.
Where to Buy Legal Delta 9 Products
There are two main places you can buy federally legal, hemp-derived delta 9 products:
- Brick-and-mortar retailers: Most CBD stores and similar retailers carry delta 9 products. If you’re in a state where cannabis (containing more than 0.3% THC) isn’t legal, the delta 9 products you’ll find in these stores will most likely be hemp-derived. If you’re in a cannabis-legal state, though, dispensaries and other retailers likely carry delta 9 products higher in THC, which are fine to use in your state but won’t be legal in many other states.
- Online companies: Your other option is to buy delta 9 online. There are lots of companies that sell delta 9 gummies, delta 9 flower, delta 9 candy, and the like. The benefit of shopping online is that you have more options: you can compare potencies, blends, and prices to find the best product for your situation. A retail store might only have a handful of delta 9 products. Online, you’ll find hundreds.
Conclusion: Is Delta 9 Legal In Your State?
Delta 9 is federally legal and is legal in most U.S. states, which is great news for the thousands of people nationwide who rely on it for therapeutic support or who enjoy it recreationally.
We recommend you give delta 9 a try, but that you exercise caution and do research beforehand to ensure it’s legal in your state and won’t complicate things like drug testing or flying, if you travel frequently.
If you’re looking for the best legal delta 9 products, we have dozens of options at Natural Ways CBD. From our own delta 9 CBD gummies and THC:CBD:CBN gummies to our selections of products from brands like 3Chi and Kanha, we’ve got something for you.
Every product we carry is:
- 3rd-party lab tested
- Made with American-grown hemp
- Sampled in-house so we know it works
- Satisfaction guaranteed with 14-day returns
Is Delta 9 Legal: Frequently Asked Questions
Here are some questions our customers frequently ask us about delta 9 legality:
What states is delta 9 illegal in?
Delta 9 is illegal in Alaska, California, Idaho, and Washington (state), at the time of writing.
Will delta 9 get me high?
Yes, delta 9 will get you high. It’s a psychoactive cannabinoid that creates feelings of euphoria and relaxation, even in small doses of 1-5mg.
Can you go to jail for delta 9 in Texas?
While delta 9 isn’t illegal in Texas, you might go to jail if you’re in possession of hemp-derived delta 9 flower that a law enforcement officer determines to be marijuana, which is illegal in Texas (except for medical use with a prescription). While a simple test of the flower would render you not guilty of marijuana possession, you might go to jail initially, which underscores the need for caution around buying and transporting legal flower.
Does delta 9 show up in a drug screen?
Yes, delta 9 will show up on a drug screen. Legal, hemp-derived delta 9 THC is genetically the same as the delta 9 in marijuana, which serves as a target analyte on drug tests due to marijuana’s federally illegal status.
