Is Delta 9 Legal? Which States Allow Delta 9 THC (2024)

Big changes have been made in recent years on the topic of cannabis use and its social acceptance. Some states have even gone so far as to legalize marijuana for either medical or recreational use, which has allowed many people to experience the potential benefits of Delta 9 THC that hadn't been able to until recently.

If you've asked yourself, "What is Delta 9 THC?" or maybe you've wanted to try hemp derived Delta 9 THC for yourself. You're probably wondered if it is even legal in the state you live. We've got answers to all of these questions, we'll be reviewing the legal status of Delta 9 THC state-by-state.

Introduction to Delta 9 THC and Legal Concerns

Delta 9 THC, the primary chemical compound found in the cannabis plant, has been gaining increasing popularity due to its potential health benefits and psychoactive effects. However, a common question often arises - "Is Delta 9 legal?" The answer is more nuanced than a simple yes or no.

It's critical to understand that Delta 9 THC can be derived from two sources: marijuana or hemp. While the two plants are closely related, the legality of THC products derived from them differs significantly.

Firstly, let's take a look at marijuana. Marijuana-derived Delta 9 THC is only legal for medicinal use or recreational use in certain states. In these instances, you may need a medical card to purchase marijuana products.

In contrast, hemp-derived Delta 9 THC presents a different legal landscape. The Farm Bill of 2018 legalized the production of hemp and hemp-derived products on a federal level, as long as they contain no more than 0.3% Delta 9 THC on a dry weight basis.

Understanding Federal Law and Industrial Hemp

It can be confusing trying to understand the legal differences between Delta 9 THC which has been derived from hemp vs Delta 9 derived from marijuana. Although these differences seem small, they lead to an entirely different legal status for each. Understanding this difference is the first step in understanding why one product is legal while another is not.

The Farm Bill and Industrial Hemp

The Farm Bill has proven to be a landmark piece of legislation for the cannabis industry. By defining industrial hemp as the Cannabis Sativa plant with less than 0.3% THC by dry weight, it made the production of hemp and hemp-derived products federally legal. This includes CBD products and other cannabinoids derived from cannabis plants, but the situation with Delta 9 THC is slightly more complex.

While the Farm Bill does not explicitly mention Delta 9 THC derived from industrial hemp, it does permit the production of hemp-derived products. These products can include multiple cannabinoids, including Delta 9 THC. The law considers hemp-derived products with up to 0.3% Delta 9 THC legal. However, this percentage is based on the dry weight of the raw hemp plant, not the final product.

The Role of the Federal Government and Regulations

Federal regulations, as dictated by the FDA, play a crucial role in the hemp industry. The FDA has yet to establish clear guidelines about THC isomers, such as Delta 8 THC and hemp-derived Delta 9 THC. Until they do, the legal status of these substances remains in a gray area at the federal level. However, it's essential to keep in mind that while these products might be federally legal, state laws vary greatly.

State legislatures have the power to set their own regulations regarding intoxicating hemp products. In the majority of states, hemp-derived Delta 9 THC is legal due to the Farm Bill. However, some states have stricter laws regarding recreational marijuana and cannabis products.

The Legal Status of Hemp Delta 9 by State

As you navigate the legal landscape of hemp-derived Delta 9 THC, it's crucial to understand that laws vary from state to state. Even though hemp and hemp products are legal at the federal level, some states have more stringent laws around THC and cannabis products.

For instance, Delta 9 THC is treated the same as recreational marijuana in some states, making it illegal without a medical card. On the other hand, it is entirely legal for recreational purposes in other states.

In the vast majority of states, however, hemp-derived Delta 9 THC is legal for purchase and use without restrictions, thanks to the Farm Bill. These local lawscan change rapidly however, with state lawmakers continually updating their policies in response to shifts in public health concerns and perceptions about industrial hemp products.

Related: Which stateshave madehemp derived Delta 9 Legal? Which states have legalized marijuana?

Disclaimer: We do our very best to stay on top of the ever-changing state, local, and federal Delta 8 and Delta 9 laws. However, due to the fact that these laws can, and do change so frequently, we do recommend you do your own research to verify the information you find in this article. This information is for educational purposes only and is not intended to be used as legal advice or as a substitute for legal aid.

States Where You Can Legally Buy Hemp Delta 9

Hemp-derived Delta 9 THC is currently legal in 42 US states. While some states follow the Farm Bill to its literal word, other states have introduced some regulations regarding cannabinoid products like many have done with Delta 8 THC. As of this writing, you can legally buy hemp-derived Delta 9 THC products in the following states:

• Alabama

Alabama's adoption of the definition of hemp set out by the Farm Bill, SB 225 outlines hemp-derived Delta-9 as legal. The state has refrained from imposing any additional constraints beyond those specified in the Farm Bill.

• Alaska

Through the enactment of SB 6, Alaska has given the green light to industrial hemp, adopting the Farm Bill's guidelines. The legislation also explicitly states that incorporating industrial hemp into food items does not render them 'adulterated' products. Nevertheless, the state's Controlled Substances Act continues to prohibit other THC isomers, including delta 8, D9o, and THC-O.

• Arizona

With the advent of the 2018 Farm Bill, Arizona promptly responded with SB 1098, legalizing products derived from hemp for individuals who are 21 years or older. However, the state maintains a ban on Delta 8 and other THC isomers, with the exception of hemp-derived Delta 9, categorizing them as Schedule I controlled substances.

• Arkansas

In 2017, Arkansas passed legislation to legalize industrial hemp. However, the state's most significant legal framework, HB 1640, defines hemp as a cannabis plant that contains less than 0.3% THC on a dry weight basis. This definition doesn't specify Delta 9, leaving the precise legal standing of hemp-derived Delta 9 THC and its related isomers in a state of ambiguity.

• Connecticut

Connecticut sanctioned industrial hemp through SB 893, incorporating the same definitions outlined in the Farm Bill. Nevertheless, in 2021, state officials enacted SB 1201, which offered a revised definition of THC. This legislation effectively eliminates such products from the market, pending the state's decision to legalize marijuana for recreational activities.

• Delaware

Delaware aligned its definition of hemp with the Farm Bill by instituting Title 3, Chapter 28. Products containing hemp-derived delta 9 THC are permitted in the state.

• Florida

Florida embraced a straightforward stance on hemp laws, enacting HB 333, which is in harmony with the regulations outlined by the Farm Bill. As a result, hemp delta 9 products are deemed legal within the state's jurisdiction.

• Georgia

Georgia, conforming with the Farm Bill, authorized industrial hemp by enacting HB 213 in 2019. The legislation doesn't go into detail about specific cannabinoids, leaving hemp-derived delta 9 and delta 8 THC products completely legal within the state's borders.

• Hawaii

In 2020, Hawaii enacted HB 2689, thereby legitimizing hemp and all its by-products, following the guidelines stipulated by the Farm Bill.

• Illinois

Illinois swiftly legalized hemp-derived delta 9 THC under the Industrial Hemp Act of 2018. The act does not set explicit limits for other cannabinoids, thereby making Delta 8 and Delta-10 also legal within the state's boundaries.

• Indiana

Indiana adheres to the guidelines of the Farm Bill, thus any products that contain a delta 9 THC concentration of less than 0.3% by dry weight are considered legal within the state.

• Iowa

Iowa's definition of hemp mirrors that of the Farm Bill, making hemp-derived delta 9 THC legal within the state. However, the state has recently imposed a ban on Delta 8 products as they are classified as tetrahydrocannabinol under the Iowa Controlled Substances Act.

• Kansas

SB 263 echoes the regulations of the 2018 Farm Bill, which implies that not only is hemp-derived delta 9 THC legal, but other THC variants are also permitted, as long as they are sourced from hemp plants.

• Louisiana

Louisiana legalized industrial hemp through the enactment of HB 491, which adheres to the regulations set forth by the Farm Bill. As a result, hemp-derived delta 9 THC is legal in the state as long as its concentrations do not exceed 0.3% by dry weight."

• Maine

"Maine aligns with the same definition of hemp as outlined in the Farm Bill, ensuring that hemp-derived delta 9 THC is legal within the state's jurisdiction. This legal status is supported by LD 630, which solidifies the legality of hemp-derived delta 9 in Maine."

• Maryland

HB 698 solidifies the legality of hemp and its derivatives in accordance with the provisions set forth in the 2018 Farm Bill. This legislation ensures that hemp and its various derivatives are recognized as legal substances within the applicable jurisdiction."

• Massachusetts

"Under the legislation H4001, Massachusetts has legalized industrial hemp, aligning with the regulations stipulated in the Farm Bill. This means that hemp delta 9 is considered legal within the state, as long as it meets the specific requirements outlined by the Farm Bill.

• Michigan

"Michigan has embraced legalization of industrial hemp through HB 4744, adopting the definitions outlined in the Farm Bill. While hemp delta 9 remains legal within the state.

• Minnesota

The Industrial Hemp Development Act implemented in Minnesota aligns with the definition of hemp as stated in the Farm Bill. Consequently, hemp delta 9 is considered legal throughout the state provided it falls within the dosages prescribed of 5mg per serving or 50mg per package according to the board of pharmacy.

• Mississippi

SB 2725, in alignment with the guidelines established by the Farm Bill, ensures the legality of hemp delta 9 products within the specified jurisdiction. While this current legislation permits the use and sale of hemp-derived Delta 9 THC, it's essential to note that other THC variants, like Delta 8 remain classified as controlled substances, restricting their availability and purchase in the state.

• Missouri

Missouri, in adherence to the terminology set forth by the Farm Bill, incorporates the same definitions and guidelines surrounding hemp. As such, individuals seeking to purchase hemp Delta 9 products within the state shouldn't encounter any legal obstacles, provided that the delta 9 THC levels do not exceed the permissible threshold of 0.3%."

• Montana

Montana holds a distinguished position as one of the early adopters of hemp legalization, having enacted SB 261 in 2001 to legalize industrial hemp prior to the passage of the Farm Bill. Nevertheless, the state's legislation aligns with the Farm Bill, ensuring that hemp-derived products remain within the prescribed boundaries. It is important to note that Montana's law restricts certain THC isomers like Delta 8, Delta-10, and THC-O."

• Nebraska

Nebraska joined the ranks of states legalizing industrial hemp with the passage of LB 657 in 2019. This legislation closely mirrors the terms and limitations outlined in the 2018 Farm Bill, thereby establishing the legal status of hemp delta 9 within the state.

• Nevada

Nevada's legal framework for hemp aligns with the definition provided by the Farm Bill, which categorizes hemp as cannabis plants containing 0.3% THC or less. This classification, outlined in SB 305, ensures compliance with federal regulations. Consequently, while hemp-derived delta 9 THC remains permissible, alternative isomers are subject to restrictions and are not legally available in Nevada."

• New Hampshire

In 2019, New Hampshire enacted HB 459, a law that established definitions of hemp closely aligned with those found in the Farm Bill. As a result, hemp-derived delta 9 THC, including its isomers, is deemed legal in the state.

• New Jersey

"The Hemp Farming Act in New Jersey has legalized hemp and its derivatives, following the same definitions and guidelines as the Farm Bill. Additionally, other alternatives that contain 0.3% delta 9 THC or less by dry weight are also considered legal under state law.

• New Mexico

"In alignment with the 2018 Farm Bill, New Mexico embraced the legalization of hemp through the Hemp Manufacturing Act. This legislation has opened doors for the legal cultivation and distribution of hemp within the state. As a result, hemp-derived delta 9 THC is now legally permitted in New Mexico as long as it adheres to the federal limit outlined by the Farm Bill.

• New York

New York's industrial hemp laws, established in March 2020, align with the regulations set forth by the Farm Bill. However, in November 2021, new regulations were implemented, introducing restrictions on Delta 8 THC. This regulatory change has effectively rendered Delta 8 THC products illegal in New York, limiting their availability and consumption.

• North Carolina

North Carolina enacted SB 352, which removed hemp-derived cannabinoids from the state's Controlled Substances Act. This aligns with the definition of hemp outlined in the Farm Bill. Individuals in North Carolina now have greater access to hemp-derived products, including those containing delta 9 THC, within the limits prescribed by the Farm Bill.

• Ohio

Ohio has embraced the legalization of hemp and its derivatives, including delta 9 THC and its isomers, through the enactment of SB 57. This legislation aligns with the definition of hemp provided by the Farm Bill, making it legal to cultivate, process, and possess hemp-derived products in the state.

• Oklahoma

In Oklahoma, delta 9 products are legal thanks to the implementation of HB 2913. This bill aligns with the provisions outlined in the Farm Bill, ensuring that hemp-derived delta 9, delta 8, and other forms of THC are fully legal within the state.

• Oregon

The rules surrounding hemp derivatives in Oregon were made more intricate by the implementation of HB 3000. The primary objective of this law was to provide clarity on the distinction between intoxicating and non-intoxicating hemp products. The former category, known as "adult-use cannabis items," encompasses all hemp-derived THCs that exceed the 0.3% limit. While Delta 9 remains legal in Oregon, it is subject to strict regulations overseen by the state's Liquor and Cannabis Commission.

• Rhode Island

Rhode Island's approach to hemp and its derivatives closely adheres to the regulations outlined in the Farm Bill. This ensured that hemp and its derivatives, including Delta 9 THC, are legal as long as they comply with the prescribed limits.

• South Carolina

South Carolina's hemp regulations align with the federal limits for delta 9 THC in hemp from the Farm Bill. This means that hemp-derived products are considered legal within the state as long as the delta 9 THC content remains below the threshold of 0.3%.

• South Dakota

In 2019, lawmakers enacted HB 1191, which aligns with the Farm Bill. This legislation adopts the same language and regulations surrounding hemp as outlined at the federal level. As a result, hemp Delta 9 products, including Delta 8 are considered legal within the state of South Dakota.

• Tennessee

Tennessee took swift action by enacting SB 357, which legalized hemp within the state. This legislation reflects Tennessee's commitment to aligning its hemp laws with federal regulations and promoting the growth of the hemp industry. Notably, Tennessee's approach goes beyond just accepting hemp delta 9 THC; it also embraces other THC isomers, such as Delta 8 and Delta-10.

• Texas

Texas has embraced the Farm Bill through the enactment of HB 1325, solidifying the legal status of hemp Delta 9 within the state. As long as the THC content remains below the specified limit of 0.3%, hemp-derived products are considered lawful in Texas.

• Utah

Initially, the state adopted the definitions outlined in the Farm Bill to establish its hemp laws. However, Utah has since introduced additional requirements for hemp extracts. According to current regulations, hemp extracts must contain a minimum of 5% CBD by dry weight and should not include any other intoxicating components. These measures aim to ensure the safety and quality of hemp-derived products available to consumers in Utah.

• Virginia

"Virginia's HB 532 provides specific regulations for industrial hemp within the state. Virginia aligns with federal law regarding the limits of delta 9 THC, and other forms of THC are also permitted."

• West Virginia

West Virginia legalized industrial hemp through HB 2694, aligning its terminology with that of the Farm Bill. As a result, hemp-derived delta 9, as well as other THCs, can be legally purchased within the state."

• Wisconsin

Hemp in Wisconsin is defined in accordance with the Farm Bill, as outlined in Wisconsin Stat. 94.55. The state's Uniform Controlled Substances Act has been amended to exclude all forms of THC in hemp, thereby making them entirely legal throughout the state."

• Wyoming

Wyoming’s HB 171 is what made industrial hemp legal through the Farm Bill. No restrictions were set on THC isomers.

• Washington D.C.

Washington D.C. doesn’t have state laws referencing the legality of hemp delta 9 THC, so it follows the federal rules. You can easily find hemp Delta 9 and Delta 8 for sale in the district.

States Where Delta 9 THC Is Restricted

The following states have imposed restrictions of some kind on hemp-derived Delta 9 THC.

• California

Oddly enough, California boasts some of the most liberal cannabis laws in the country, permitting all variants of Delta 9 THC. However, AB 45 outlines specific state regulations pertaining to hemp products.

Under California law, the infusion of industrial hemp into food, beverages, health supplements, and other consumable products does not classify them as 'adulterated.' This mandates companies to furnish certificates of analysis (CoA) for any product derived from hemp.

Furthermore, the state has temporarily outlawed inhalable forms of hemp delta 9 until a taxation structure is established. The 0.3% limit is applied to all types of THC, thereby effectively restricting the prevalence of most Delta 8 extracts on the local market."

• Colorado

Colorado wholeheartedly embraced the 2018 Farm Bill, delineating its specific hemp-related laws in SB 19-220 in 2019.

Up until 2021, all cannabinoids derived from hemp were legal, provided that the delta 9 THC content remained at or below the 0.3% threshold. However, in May 2021, the Department of Public Health and Environment, together with the Marijuana Enforcement Division, introduced new regulations. According to these regulations, 'chemically modifying or converting a naturally-occurring cannabinoid from industrial hemp contradicts the statutory definition of an 'industrial hemp product.''

In simpler terms, this implies that products containing hemp delta 8, along with most THC isomers, are technically prohibited under this law.

• North Dakota

Although hemp-derived Delta 9 THC is legal in North Dakota, recent legislative changes have expanded the original law to include all forms of THC under its definition. Consequently, conversion methods used to produce delta 8, and a majority of delta 9 products from CBD, have also been prohibited."

• Washington

Washington embraced the provisions of the Farm Bill with SB 5276, thereby fully legalizing hemp. However, the state prohibits the conversion of CBD, which applies to Delta 9 as well. Consequently, the majority of such products are considered illegal within Washington.

States Where Hemp Delta 9 is Prohibited

• Idaho

"Idaho's hemp regulations are notably stringent. The Idaho Uniform Controlled Substances Act stipulates that any hemp product containing any quantity of THC or its isomers is considered illegal. This significantly restricts the sale of hemp-derived products, including CBD extracts, within the state. Companies in Idaho can only distribute pure CBD, often referred to as isolate."

States Where Hemp Delta 9 Legality is Unclear

• Kentucky

You can legally buy hemp-derived delta 9 THC in Kentucky because the state uses the same definition of hemp as the Farm Bill. However, law enforcement attempted to ban Delta 8 THC, other THCs, and any intoxicating product extracted from hemp. Kentucky also tried to outlaw the conversion of CBD into Delta 8 and Delta 9. The bill was blocked, but it can be filed again next year. For now, Delta 8 and Delta 9 remain legal as long as it’s in a hemp-derived product.

• Pennsylvania

In Pennsylvania, hemp-derived delta 9 THC is permitted as long as it adheres to the stipulations set forth by the Farm Bill. Currently, all THC isomers are legal within the state, although there is ongoing legislative work on additional regulations pertaining to delta 8 and conversion processes. These future regulations could potentially affect the legal status of Delta-9 THC as well.

• Vermont

Vermont adheres to the Farm Bill's restrictions on delta 9 THC levels. However, the state has outlawed delta 8 THC, as the conversion process necessary to produce significant yields of delta 8 is categorized as 'synthetic.' While this law doesn't affect hemp-derived delta 9 THC, it does introduce an element of confusion among consumers.

States Where Delta 9 THC derived from Marijuana Is Regulated

More states continue to introduce laws turning what was once an illegal regulated substance into a new option for both medical use and recreational purposes. The marijuana derived Delta 9 THC legal status continues to change in many states.

Curious to learn the laws around marijuana-derived THC in your state? You can find our article outlining each state's current stance on both recreational and medical marijuana here.

Navigating the Market of Hemp-Derived Products

As a consumer in this growing market, navigating and purchasing hemp-derived products, especially those containing Delta 9 THC can seem like a daunting task.

You will find a wide range of products, from full-spectrum tinctures to edibles provide various uses and psychoactive effects due to the "entourage effect" - the theory that multiple cannabinoids working together enhance the overall effects.

When purchasing these potent products, it's important to ensure they're lab tested for quality and safety. This not only confirms the potency and chemical composition of the product but also verifies that it complies with federal guidelines - containing less than 0.3% Delta 9 THC by dry weight.

The Importance of Legally Sourced and Tested Products

The significance of legally sourced and tested THC products cannot be overstated. Not only does this ensure that the product you're using is safe, but it also guarantees that you're not unknowingly breaking any laws. For instance, THC products that contain more than the legal limit of THC could be considered illegal under federal laws, regardless of whether they're derived from the hemp plant or marijuana.

Moreover, Delta 9 companies that adhere to federal regulations and produce lab-tested products often provide a superior product. They're more likely to use superior extraction process methods, resulting in high-quality hemp-derived products. This not only provides peace of mind but can also enhance the overall experience of using hemp-derived Delta 9.

Buying Delta 9 THC Products

Depending on your state and local laws you may be able to buy and use Delta 9 THC products at your local gas stations or vape shops. Just be aware that these places might not be the most trustworthy sources.

Many choose to buy Delta 9THC online finding a much larger selection of products than what may be available locally. No matter where you purchase just be sure that you purchase from a reputable source.

Everyday Delta openly provides full panel third-party lab testing on all products that we sell to ensure the safety of our customers. We have fully vetted each and every brand before we ever put their products on our shelves. This ensures that you are getting only the absolute top-tier products from the best companies in the industry at great prices.

Conclusion, how does the Future of Hemp Delta 9 Look?

As we navigate this promising yet challenging terrain, one thing remains clear - the story of Delta 8 THC and Delta 9 is still being written, and its future chapters promise to be as compelling as the ones that have already unfolded.

State-level laws are also likely to continue to evolve in response to changes in federal law, public opinion, and research into the benefits and risks of cannabis products. Some states may choose to relax their laws regarding Delta 8 THC and Delta 9, while others may decide to implement stricter regulations.

It's also possible that states will start to diverge more significantly in their approach to regulating these substances. For example, some states might choose to regulate all forms of THC similarly, regardless of whether they are derived from hemp or marijuana.

For those looking to buy Delta 9 THC online, check out the full line of potent Delta 9 and Delta 8 THC products that Everyday Delta has to offer plus receive free shipping on all orders over $65.

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