Is Delta 9 Legal When The THC Is Hemp Derived?

Is Delta 9 really legal?  Yes, hemp derived delta 9 THC is federally legal. But there’s a couple stipulations. 

Delta 9 THC products must be hemp-derived and contain 0.3% or less D9 THC to meet federal standards.

But what does that mean?

Well, delta 9 is legal, but the legislation surrounding it can be a little tricky. 

Here we’ll take a look at everything there is to know about Delta 9 legality, as well as where you can buy Delta 9 products online from some of the most trustworthy brands in the hemp scene.

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Quick Takeaways: Hemp Delta 9 Legality 

  • Hemp-derived delta 9 THC is federally legal, as long as the final product contains <0.3% D9-THC on a dry weight basis.
  • Marijuana-derived delta 9 THC remains federally illegal and a schedule 1 substance.  
  • Purchasing online is the safest way to ensure that you’re buying safe and potent delta 9 products.

What is hemp derived delta 9? 

Hemp derived delta 9 THC comes from the hemp plant rather than the marijuana plant. 

Hemp and marijuana are both types of the Cannabis sativa L. plant and contain many similar compounds, as well as some key differences. 

One of the  biggest differences between the two is their delta 9 concentration. To legally be considered hemp, cannabis plants must contain less than 0.3% THC. Any cannabis plant that contains over 0.3% THC is legally considered marijuana. 

Hemp-derived delta 9 can be processed in two ways.

In a process known as isomerization, hemp cultivators convert CBD to delta 9 through chemical processing. This process is also used to create other cannabinoid products, like delta 8 flower and CBG, HHC or CBN concentrates. 

The other method involves extracting natural delta 9 from the hemp plant while distilling other cannabinoids.

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Is Delta 9 Legal At The Federal Level? 

Yes, Delta 9 is legal at the federal level, but there’s a couple conditions.

Any product that contains delta 9 THC must have a concentration of 0.3% Delta 9 THC or less on a dry weight basis. 

It’s the one little phrase,”dry weight basis”, that creates a loophole in the law. Though 0.3% THC may seem like a low concentration, in some cases it can be enough to produce intoxicating effects. 

Hemp edibles are thriving under this loophole. A snack bar that weighs 100 grams, for example, can contain up to a little under 300 mg of delta 9 THC while meeting federal guidelines. 

Thanks to the loophole, hemp retailers can produce all sorts of powerful edibles. Hemp-derived D9 gummies can legally contain up to 15 mg delta 9 THC. That’s definitely enough delta 9 to produce euphoric effects.

Essentially, that’s why edibles have swept the hemp market rather than vapes, concentrates, and other types of hemp products. As long as the concentration remains 0.3% or less on a dry weight basis, these edibles are completely legal across the states. 

Thanks to the wording of the Farm Bill , we’re also seeing a much larger concentration of products on the shelves that contain THCa. It’s the acidic precursor to THC, and when it goes through the process of decarboxylation, the acidic cannabinoid transforms into the familiar delta 9 THC we all know and love.

Though it won’t get you high on its own, THCa is suggested to contain its own therapeutic effects and is widely available in tinctures and other products that don’t cause intoxication.

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How Is Delta 9 Legal? 

Delta 9 is federally legal, as long as the final product contains 0.3% or less THC concentration. 

This legality is explained in the 2018 Farm Bill. This bill gave individuals in the US aged 21 or older the legal right to cultivate hemp. 

The bill distinguished “hemp” from “cannabis” through the product’s final concentration. Ultimately, a product is legal as long as the hemp-derived delta 9 concentration remains under or equal to 0.3%. 

Essentially, delta 9 is federally legal as long as it’s extracted from the industrial hemp plant rather than the marijuana plant.

That said, states can still make their own laws regarding hemp. Most states, however, have implemented laws that use language similar to the 2018 Farm Bill, including states with poor medicinal programs and non recreational weed states like Alabama, Iowa, Indiana, Kansas, North Carolina, Mississippi, Minnesota, Tennessee, Kentucky, Florida, Texas, Ohio, Wisconsin, Nebraska and Georgia.

The Farm Bill is certainly legislation to keep an eye on. With changes coming later in 2023, it’s likely we’ll see some cracking down on the more vague aspects of the bill.

Is Delta 9 Real Weed? 

Yes, Delta 9 is “real weed.” 

In fact, delta 9 THC is the most abundant and well-known cannabinoid in the cannabis plant. It’s definitely the most popular. 

Known for inducing psychoactive effects, delta 9 is the compound famous for getting you high. And in hemp-derived edibles, that tiny bit of delta 9 can go a long way. Because hemp derived THC gummies are legal and selling in huge numbers In non rec/medical states, the popularity of D9 has skyrocketed.

Where Can I Buy Delta 9 Edibles? 

Hemp-derived delta 9 products are completely legal. That means there’s a wide variety of products on shelves across the country. 

When you buy hemp products at smoke shops, however, you can’t always be certain you’re buying the safest, highest quality hemp.

If you want the best delta 9 products you can possibly find, buying online is where it’s at. With the internet at your fingertips, finding quality hemp products is effortless. 

If you buy online, it’s also super easy to cross check hemp products for full panel Certificates of Analysis (COAs), although most COAs only detail the product’s potency and cannabinoid content. 

Full-panel COAs are different. They also tell you if your product is safe. COAs that test for purity are rare, but will let you know if your product contains metals, mold, pesticides, or other potential contaminants. 

At Nature and Bloom, we’ve done the research on hemp-derived delta 9 products so you can enjoy a high-quality experience with legit products that actually work. Here are a few trustworthy hemp retailers with quality, well-tested products.

Hometown Hero 

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Hometown Hero is an online hemp retailer that donates a portion of its proceeds to veterans in need. 

They also make killer edibles. 

Hero’s handcrafted hemp-derived delta 9 products are as safe as they are satisfying. Each product is full-panel tested with a COA linked right on its page.

Delta Munchies

Delta Munchies is another one of our top picks for delicious D9 products. 

This company offers a wide variety of D9 gummies, including hemp-derived products that are completely legal across all 50 states. 

Each product page links to a COA, detailing the full-panel, third-party testing of their edibles.

Kind Oasis

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  • Hemp Derived D9
  • Multiple Flavors + Sour

Kind Oasis sells vegan, gluten-free, non-GMO Delta 9 gummies crafted with all-natural colors and flavors. This CBD apothecary and infusion kitchen produces a variety of small-batch hemp products. 

Kind Oasis is incredibly open about their testing process. 

All COAs are linked right in the homepage. No full-panel results, but each product undergoes third-party testing for potency before hitting the site.

Wrapping Up: D9 Legality 

Yes, Delta 9 is legal. As long as it comes from hemp. 

The 2018 Farm Bill legalized hemp-derived products with a delta 9 concentration of 0.3% or less. 

That means that that 100 gram brownie can contain a little under 300 mg delta 9 THC. Which is way more than enough to cause a psychoactive effect. 

Now that you’re equipped with the most up-to-date knowledge on delta 9 THC and its legality,as well as a few places to find quality products, you’re officially ready to begin consuming legal delta 9 products.

Before consuming any cannabis products, it’s always recommended to check with local state laws.