Delta THC

How Is Hemp Derived Delta 9 THC Legal?

You’ve likely heard of Delta 9 THC. It is, after all, the compound responsible for the intoxicating, euphoric effects cannabis is famous for. 

It’s found abundantly in cannabis plants, specifically in marijuana varieties which are bred to contain high amounts of THC. 

Delta 9 THC is found in hemp plants too, just amounts smaller than your attention span after a good bong rip. 

That doesn’t mean it can’t get you high, though. 

Best thing is that it’s legal. 

Keep reading to learn everything you need to know about getting high on legal hemp D9 THC. 

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Key Takeaways: Delta 9 From Hemp 

  • Hemp derived Delta 9 THC occurs in hemp plants at levels less than 0.3%, and is extracted from hemp plants rather than marijuana. 
  • Hemp derived Delta 9 can get you high thanks to smart scientists and fancy extraction methods. 
  •  The 2018 Farm Bill legalized hemp derived Delta 9 products at the federal level as long as they don’t contain more than 0.3% THC on a dry weight basis. 
  • Hemp derived delta 9 THC is the same as marijuana derived delta 9 THC. 

What Is Hemp Derived Delta 9? 

If you’re asking yourself, “What even is hemp derived delta 9?” don’t worry. You’re not alone. 

All the science terms floating around the cannabis industry can get really confusing really fast. 

But the whole hemp Delta 9 thing is actually pretty simple. 

Delta 9 THC is the compound that gets you high. It’s the main compound behind the beloved psychoactive effects found in both varieties of Cannabis sativa plants, which include hemp and marijuana. 

Delta 9 THC can be extracted from either. It doesn’t really matter which plant it’s extracted from, the effects and molecular structure are identical and bind to the same cannabinoid receptors regardless of which plant it comes from.

So, hemp Delta 9 THC is simply THC that comes from hemp plants.

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Federally Legal D9 Flower (THCA)
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Federally Legal D9 Disposable (THC-A)
Strongest Delta 9 Edible

Does Hemp Derived Delta 9 Get You High? 

Good news: Hemp derived Delta 9 can get you high.  

Hemp plants naturally have low levels of THC compared to marijuana plants. We’re talking 0.3% or less, which isn’t enough to cause any psychoactive effects. 

Advancements in cannabis science have figured out how to extract and concentrate Delta 9 THC from hemp plants, though. 

And when it’s done right, it will get you just as high as Delta 9 derived from marijuana.  

The modern hemp market makes it  easy to find hemp derived delta 9 products with dosages that are basically identical to those found in marjuana derived delta 9 products. 

Those delish Delta 9 THC gummies with 10-20mg will offer the exact same experience as a gummy made from marijuana that contains the same milligram content. 

This is great news for those looking for a legal high in states where recreational marijuana is still illegal.  

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How is Hemp Derived Delta 9 Legal? 

Hemp derived Delta 9 is legal under federal law as long as dry plant material contains less than 0.3% THC and D9 hemp products don’t have more than 0.3% D9 THC on a dry weight basis. 

This is all thanks to the 2018 Farm Bill. 

Before the Farm Bill was passed, hemp was still classified as a Schedule Class I substance. It was removed when the Farm Bill passed and placed under the jurisdiction of the United States Department of Agricultural (USDA)  instead of the Drug Enforcement Administration (DEA). 

The thing to pay attention to here is the term “dry-weight.” There aren’t currently any regulations on dry weight for products like edibles,  meaning  smart and savvy sellers can produce products that get you high but still have less than 0.3% THC on a dry weight basis. 

Keep in mind, however, that even though hemp derived Delta 9 is legal at the federal level, states are still given free reign to make their own hemp laws. 

And I’ve got some bad news for Idaho residents. Hemp derived delta 9 THC is banned in Idaho. But aside from that, it’s pretty much good to go in every other state. 

It’s always a good idea to check your state laws to be on the safe side. 

thc rainbow squares

Hemp Derived Delta 9 VS Cannabis Delta 9 

Hemp derived delta 9 THC is the same as delta 9 THC derived from cannabis (aka marijuana). There is literally no difference, the chemical structure and its effects are identical. 

Chemically, the Delta 9 molecule is exactly the same whether it’s derived from hemp or from marijuana. The only difference is in their concentration levels and the laws regulating them. 

That’s seriously it. 

Marijuana plants naturally contain (and are cultivated) to have higher levels of THC. Typically, products derived from marijuana plants have around 5-30% THC. Hemp plants, on the other hand, must contain less than 0.3% THC. Anything higher is classified as marijuana. 

There are also different laws regulating hemp and marijuana plants. While hemp is no longer a  controlled substance, marijuana is sadly still classified as a Schedule Class I substance at the federal level. 

We expect to see this change as cannabis use continues to become more widely accepted, though. 

Both hemp and marijuana plants also contain other cannabinoids, but in different ratios. For example, hemp flower has higher CBD levels compared to marijuana buds. 

But really, there is zero difference between hemp Delta 9 THC and cannabis derived delta 9 THC. 

How is Hemp Delta 9 Made? 

The only real difference in hemp derived Delta 9 THC and marijuana derived Delta 9 THC is in how they are made. More specifically, in the extraction process. 

Because hemp has a lower concentration of Delta 9 THC than marijuana plants, special, fancy methods are required to concentrate the Delta 9 into a usable form. 

First, hemp plants are harvested, harvested and cured before the plant material is finely ground to make extraction easier and more efficient. 

Next, a solvent like ethanol, CO2 or butane is used to extract the cannabinoids from the hemp plant, including the plant’s Delta 9 THC. 

After extraction, additional steps are typically taken to remove fats, waxes and other compounds from the extract.

After extraction comes refinement. Using a proprietary distillation technique, the cannabinoids are separated to better isolate and concentrate the Delta 9 THC. 

Further techniques like chromatography can be used to isolate the Delta 9 even further, leaving it in a purer isolated form. 

Finally, it’s time for product formulation. The hemp derived Delta 9 THC concentrate is then crafted into a wide range of products including hemp Delta 9 gummies, other edibles and more. 

These products are then legally sold to you, leaving you relaxed, high and happy. 

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Hemp D9 Pros & Cons


  • Cheaper than cannabis derived D9, even if you’re in a legal state
  • Gets you high 
  • Delivered discreetly to your door 
  • Federally legal


  • Several shady, fly-by-night brands (Look for third party lab testing with COAs)
  • Produced via isomerization which can lead to poor quality products (consistent concentrations of THC can be difficult with isomerization)

Wrapping Up 

At the end of the day, Delta 9 THC is Delta 9 THC regardless if it comes from hemp or marijuana. 

Hemp-derived Delta 9 is a federally legal alternative that will get you just as blazed as illegal marijuana-derived Delta 9. 

With a huge variety of legit hemp derived Delta 9 THC products widely available on the market, the famous effects of THC are now (legally) available to all. 

Hopefully now you understand delta 9 THC more than I do basic chemistry. In sum, it’s the same as cannabis delta THC and can get you faded cheaply and legally.  

What’s not to love?