Is Delta 9 Legal? A State-by-State Guide

Delta 9 THC is illegal federally in the US—with exceptions. Delta 9 products that meet the criteria of the 2018 Farm Bill are federally legal (all nama CBD Delta 9 THC edibles are Farm Bill compliant and therefore legal on a federal level).

How about in individual US states? Check out our state-by-state guide on the legality of Delta 9 THC in your state.

Is Delta 9 THC Legal?

Delta 9 THC derived from marijuana is not legal on a federal level. While adult-use cannabis products are legal in some states, a product containing marijuana-derived Delta 9 is a Schedule I controlled substance, and thus illegal on a federal level.

So, how are certain Delta 9 THC products legal? It's all about a piece of legislation known colloquially as the 2018 Farm Bill (The Agriculture Improvement Act of 2018), which opened a loophole for the hemp industry. Because of the Farm Bill, certain Delta 9 THC products derived from hemp are legal on a federal level.

Why Is Delta 9 Legal?

Hemp-derived Delta 9 THC products obtained federal legality with the introduction of the 2018 Farm Bill. The Farm Bill’s definition of hemp defines this plant as a cannabis plant, or derivative thereof, that contains not more than 0.3 percent delta-9 tetrahydrocannabinol on a dry weight basis.

In accordance with this definition, this hemp law allows for hemp Delta 9 products to be produced, sold, and consumed. The two conditions that need to be followed for hemp products to be federally legal are:

  1. the THC concentration in products has to be below 0.3% of THC by dry weight
  2. the Delta 9 THC has to be extracted from hemp, not marijuana

Is Delta 9 Legal in All 50 States?

Delta 9 products that comply with the Farm Bill are legal in 49 states but not in Idaho.

Delta 9 Legality in Idaho

Even though Delta 9 that comes from hemp is federally legal, this compound is not legal in the state of Idaho. That’s because the Idaho Uniform Controlled Substances Act prohibits all intoxicating hemp products (products that contain any percentage of THC or its isomers).

That means only broad spectrum CBD products and those that contain a CBD isolate are legal in Idaho, while their full spectrum CBD equivalents and products that contain Delta 8, Delta 9, or Delta 10 THC derived from both cannabis and hemp remain illegal. To learn more about the differences between these two types of CBD, check out our full spectrum and broad spectrum CBD comparison.

Delta 9 Legality in 49 States

As of August 2022, Delta 9 is legal in all 49 other states besides Idaho.

The legal status of Delta 9 THC is subject to change in any state, so make sure to keep up to date on any changes in your state if you consume products that contain this compound.

State-By-State Guide to Delta 9 Legality

What Is Delta 9 THC?

Delta 9 THC is a form of THC, one of the active ingredients derived from cannabis (most often Cannabis sativa and Cannabis indica) and the hemp plant. All forms of THC, including Delta 9, produce psychoactive effects at sufficiently high dosages.

Can Delta 9 Get Me High?

Delta 9 can get you high at a sufficient dosage. A low dose of Delta 9 THC will make you feel relaxed and may alleviate pain, but generally won’t make you feel high. A dosage above 10mg may produce altered perception and other effects associated with a “high,” especially if you’re not used to the effects of THC.

What Is a Delta 9 High Like?

Your experience of getting high with Delta 9 will vary based on your previous experience with THC and how much of it you take. Generally, the effects you can expect to feel on Delta 9 include:

  • relaxation
  • mild euphoria
  • talkativeness
  • appetite increase
  • pain relief
  • perception changes (at higher doses)

Buy Legal Hemp-Derived Delta 9 Gummies Online

Due to the recent research into the many benefits hemp compounds have to offer, the future of hemp products in the US seems bright. If you’re looking for a place to buy legal Delta 9 edibles, nama CBD offers a wide array of legal hemp products for you to choose from.

Free Nationwide Shipping ... Always :)

Sold out

Sold out

Sold out

All our THC-infused gummies, as well as our gummies with melatonin and sleep CBD gummies, are fully vegan and made from the finest American hemp. Our products go through rigorous third-party lab testing, with lab results ensuring the quality and potency of each product available on our website.

Delta 9 FAQ

Which is stronger—Delta 8 or Delta 9?

Generally, Delta 9 has stronger effects than Delta 8 THC. A recent study compared the effects of these hemp-derived substances. The participants referred to Delta 8 THC as Delta 9’s ‘younger sibling’ due to the milder effects of this compound. So, if you’re new to THC, Delta 8 gummies could be a great way to start your journey.

Is Delta 9 a CBD?

No, Delta 9 is not CBD. Delta 9 tetrahydrocannabinol and cannabidiol (CBD) are both hemp cannabinoids. However, these compounds produce different effects. CBD does not cause a high but does have relaxing, anxiety-reducing, and pain-relieving properties. Delta 9 also produces similar effects to CBD, but will also get you high at a sufficient dosage, as it is an intoxicating product.

Due to the entourage effect they provide when taken together, many products, such as CBD oils and our full spectrum gummies with CBD contain both of these hemp-derived cannabinoids.

Is Delta 9 the real stuff?

Yes, Delta 9 is the real stuff, even if it’s derived from hemp. This compound has the same effect, whether it comes from cannabis or hemp. If you’re interested in trying hemp-derived products containing Delta 9 yourself, we recommend starting with our delicious, vegan Delta 9 THC gummies.

Can I Fly with Delta 9 Gummies?

You can fly with hemp-derived Delta 9 products, including our legal Delta 9 gummies, all over the US, as the compound is legal federally.

If you’re planning a trip abroad, do your research on the hemp and cannabis legal status in the country you’re going to, as hemp and cannabis production and consumption is illegal in many countries.

What does Delta 9 do to your brain?

Delta 9 stimulates the endocannabinoid system in your brain, which regulates your food intake and glucose metabolism, which is why users get the so-called munchies after taking high doses of Delta 9 THC. Additionally, Delta 9 can alleviate anxiety, reduce pain, and THC can even help you fall asleep when taken in small doses.

Can Delta 9 cause psychosis?

There are no studies that suggest Delta 9 can cause psychosis. However, when taken at a high dosage, Delta 9 THC may cause temporary psychosis-like effects in a minority of users, which subside once the effects of the drug wear off.

If you take the recommended serving size of our products (one Delta 9 THC gummy), you don’t have to worry about experiencing these side effects of Delta 9, as the potency of our products is not strong enough to induce major intoxicating effects.

What is the FDC act?

The Federal Food, Drug, and Cosmetic (FD&C) act refers to the safety of drugs, foods, and cosmetic products. Since products that contain hemp aren’t yet being examined by the FDC or the FDA, you have to rely on the manufacturer to ensure product safety. That’s why it’s important to only shop from a transparent hemp and cannabis business that rigorously tests every batch they sell.

nama CBD FDA & Legal Disclaimer

Our products are not intended to diagnose, treat, cure, or prevent any disease. They are not a replacement for prescription medications and have not been evaluated by the Food and Drug Administration (FDA).

The information provided on this website does not, and is not intended to, constitute legal advice or any statements of the status of any laws. Any information, content, and materials available on this site are for general informational purposes only, and are not intended to be relied upon for any purpose.

Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter including decisions on what products are, or are not, legal to sell, possess, or consume. No reader, user, or browser of this site should act or refrain from acting on the basis of information on this site without first seeking legal advice from their own counsel in the relevant jurisdiction.

Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or accurate for your particular situation. Use of, and access to, this website or any of the links or resources contained within the site do not create an attorney-client relationship between the reader, user, or browser, and website authors, contributors, contributing law firms, or committee members and their respective employers.

Sold out

Sold out

Sold out

More From the nama Family

Small batch edibles crafted for different times of the day and experiences.