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March 13, 2023
Delta 9

Where is Delta 9 THC Legal?

Interested in whether or not Delta-9 THC is legal where you are? You found the right site!

In this post, we’ll answer a few important questions:

  • What is the legal status of Delta-9 THC?
  • How do hemp-derived Delta-9 THC and other forms differ?
  • How did the Farm Bill change the legality of Delta 9?

And more! Read on to start learning.

Where is Delta 9 THC Legal?

The legality of Delta-9 tetrahydrocannabinol (Delta-9 THC) varies by jurisdiction. Delta-9 THC is the main psychoactive component in the Cannabis sativa plant and is regulated differently than CBD, which is legal in many places.

In some countries, Delta-9 THC is legal for medical and/or recreational use, while in others it is illegal. In some places, it may be legal for medical use only, or legal with certain restrictions.

Here are some examples of the legal status of Delta-9 THC in different places:

  • Canada: Delta-9 THC is legal for both medical and recreational use.
  • United States: Delta-9 THC is legal for medical and/or recreational use in some states, but still illegal under federal law.
  • Europe: Delta-9 THC is illegal in most European countries, but some countries such as Switzerland and the Netherlands have decriminalized possession and personal use.
  • Australia: Delta-9 THC is legal for medical use, but illegal for recreational use.
  • New Zealand: Delta-9 THC is illegal for recreational use, but legal for medical use.

It’s important to note that the legality of Delta-9 THC is subject to change and you should always check the local laws and regulations before using it.

Hemp-Derived Delta-9 THC: What is the Difference?

Delta-9 tetrahydrocannabinol (Delta-9 THC) is the compound found in both industrial hemp and marijuana plants that produces psychoactive effects, but the concentrations can differ between the two kinds of plants.

Hemp-derived Delta-9 THC comes from plants that contain very low concentrations of THC, generally less than 0.3% on a dry weight basis. This low concentration is the reason why hemp-derived Delta-9 products are legal in many countries, including the United States, as long as they comply with the legal limit of THC content.

On the other hand, Delta-9 THC is derived from marijuana plants that can contain much higher concentrations of THC, sometimes as high as 30% or more by dry weight. This is why marijuana-derived Delta-9 THC is still illegal in many countries, even for medical use.

In terms of chemical structure, there is no difference between Delta-9 THC derived from hemp or marijuana. This stands in contrast to slight differences in THC potency and effects between different isomers such as Delta-8 THC and Delta-10 THC which may produce slightly different effects whether derived from hemp or marijuana.

One final difference to note is that hemp-derived Delta-9 THC and derivatives like it are not typically sold in cannabis flower, even at well-stocked dispensaries. This is because it is extracted from hemp and usually made into products like edibles such as Delta-9 gummies so it’s in a more usable form.

Delta-9 THC: a State by State Breakdown

The legality of cannabis in the United States varies by state and by the type of cannabis (marijuana or hemp) and its use (recreational or medical). Here is a general overview of the current state of cannabis legalization in the US:

Recreational cannabis:

As of March 2023, recreational marijuana is legal for adult use in the following states:

  • Alaska
  • Arizona
  • California
  • Colorado
  • Illinois
  • Maine
  • Massachusetts
  • Michigan
  • Nevada
  • New Jersey
  • New Mexico
  • New York
  • Oregon
  • Vermont
  • Washington
  • Washington D.C.

Medical cannabis:

Medical marijuana is legal in the following states:

  • Alaska
  • Arizona
  • Arkansas
  • California
  • Colorado
  • Connecticut
  • Delaware
  • Florida
  • Georgia (CBD oil or tinctures only)
  • Hawaii
  • Illinois
  • Louisiana
  • Maine
  • Maryland
  • Massachusetts
  • Michigan
  • Minnesota
  • Missouri
  • Montana
  • Nevada
  • New Hampshire
  • New Jersey
  • New Mexico
  • New York
  • North Dakota
  • Ohio (However, note that inhaled products such as vapes are never allowed here.)
  • Oklahoma
  • Oregon
  • Pennsylvania
  • Rhode Island
  • South Dakota
  • Tennessee (CBD oil or tinctures only)
  • Texas (CBD oil or tinctures only, however, note that inhaled products such as vapes are never allowed here.)
  • Utah (CBD oil or tinctures only)
  • Vermont
  • Virginia
  • Washington
  • West Virginia
  • Wisconsin (CBD oil or tinctures only)

CBD-only cannabis:

CBD-only cannabis is legal in the following states:

  • Alabama
  • Georgia
  • Indiana
  • Iowa
  • Kansas
  • Kentucky
  • Mississippi
  • North Carolina
  • South Carolina
  • Tennessee
  • Texas
  • Virginia
  • Wisconsin
  • Wyoming

Hemp-derived CBD is legal in all 50 states, although some states may have specific regulations regarding its sale and use.

It’s important to note that cannabis laws can change frequently and this information is subject to change. It’s always best to check with your state’s laws and regulations regarding cannabis use and possession.

So, Why Is Delta 9 Legal?

The legality of Delta-9 THC is controlled in part by the 2018 Farm Bill. In 2018 federal lawmakers passed the Farm Bill, officially known as the Agricultural Improvement Act of 2018. This made significant changes to US law regarding agriculture and hemp plant production.

Here are some of the key ways in which the 2018 Farm Bill changed US law:

  1. Legalized hemp production: The 2018 Farm Bill legalized hemp production in the United States by removing hemp from the Controlled Substances Act. This means that hemp is now considered an agricultural commodity, and farmers can grow and harvest it like any other crop and hemp products can be sold.
  2. Defined hemp: The 2018 Farm Bill defines hemp as cannabis with under 0.3% Delta-9 THC specifically (the psychoactive compound found in cannabis). Any cannabis plant with a THC concentration above 0.3% is considered marijuana and is still illegal at the federal level.
  3. Allowed interstate commerce of hemp: The 2018 Farm Bill allowed for the interstate commerce of hemp and hemp-derived products, including CBD.
  4. Expanded research opportunities: The 2018 Farm Bill authorized and funded research into hemp production and its applications in health and wellness as well as industrial settings, and provided funding for the development of new hemp varieties.
  5. Increased crop insurance options: The 2018 Farm Bill expanded crop insurance options for hemp farmers, making it easier for them to protect their crops and their livelihoods.
  6. Expanded market choice: Thanks to the 2018 Farm Bill, even full-spectrum products with a range of cannabinoids are legal, so long as they are within the legal limit for Delta-9 THC. This means that CBD products can be marketed and sold. And although it may have been an accident or a technical loophole, the legal focus on Delta-9 THC means that isomers and other forms of THC can be sold, including Delta-8 THC and Delta-10 THC.

Overall, the 2018 Farm Bill had a significant impact on the hemp industry and paved the way for the production and sale of hemp-derived products, including CBD, in the United States.

Final Thoughts on the Legality of Delta-9 THC

It’s a pretty exciting time to be a cannabis fan! Although the legal landscape changes frequently, it mostly only goes in one direction: towards cannabis freedom. Check here for more relevant updates!

Disclaimer: Nothing in this post constitutes or should be read or perceived as legal or medical advice. Remember to confirm that any products you buy are from reputable vendors. Like any natural supplements, Delta 9 products are not regulated by the US Food and Drug Administration (FDA).

Written by Diet Smoke Staff Writers

The staff writers for Diet Smoke have been researching and writing about premium hemp-derived THC and CBD products for more than 3 years. The team has a keen understanding of the topic, remain current on all FDA and industry news, and use their expertise to generate engaging and informative content to help educate consumers on Diet Smoke’s products. Each article is fact-checked and includes sources to scientific data to ensure readers receive the most up-to-date and accurate information possible.

Find out more about Diet Smoke, our history and our commitment to creating the highest quality products.

Reviewed By Colby Wohlleb

Colby Wohlleb, editor of Diet Smoke, reviews and approves all content before releasing it for posting on the Diet Smoke website. As a tireless advocate for the benefits of premium hemp-derived THC and CBD products, Colby ensures that all content is accurate, engaging, and informative. He also works directly with a trusted source to ensure the purity of the products we sell and performs rigorous lab testing to ensure that Diet Smoke’s products are of the highest quality and safety standards.