Federal law allows for the production of hemp-derived Delta 9 THC products if they contain no more than 0.3% of THC by dry weight. However, some states prohibit the production of all THC compounds. Read on to learn about the legal status of Delta 9 in your state.
Disclaimer: The information in this article was accurate when published, but may be outdated. Always confirm state and federal regulations for yourself.
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Delta 9 THC (delta-9 tetrahydrocannabinol) is a major compound found in marijuana and hemp plants. This THC compound is responsible for the high you may experience when consuming cannabis products. When taken in low doses, Delta 9 does not produce a high but does provide a slew of health benefits.
Yes, some forms of Delta 9 THC are legal on a federal level in the United States. But, how are some forms of Delta 9 legal, while others are prohibited?
The answer lies in one piece of legal documentation—the 2018 Farm Bill. In 2018, the US federal law passed The Agriculture Improvement Act, better known as the 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.
The Farm Bill legalized Delta 9 THC under two conditions:
1. the Delta-9 tetrahydrocannabinol concentration has to be no more than 0.3% of THC by dry weight
2. the Delta 9 THC has to be extracted from hemp plants, not marijuana
All nama CBD edibles with Delta 9 THC are federally legal, as they are compliant with conditions set by the Farm Bill.
Even though Delta 9 is legal on a federal level in the US, this compound is not legal in all states. Some states legalized Delta 9 derived from all cannabis plants (Cannabis sativa, Cannabis indica, and hemp), others only allow hemp-derived Delta 9, and two states deem all Delta 9 products illegal. Read on to learn about the legal status of this compound in your state.
As of October 2022, hemp-derived Delta-9 is legal in Alabama. This state revised the Code of Alabama 1975 in 2018 to separate the hemp plant from marijuana and make all products that are compliant with the Farm Bill legal in Alabama.
However, the legal status of hemp-derived Delta 9 THC in this state may change in the future. If passed, Senate Bill 144, introduced in February 2022, could make all psychoactive cannabinoids, including Delta 9, a Schedule I controlled substance in Alabama.
Alabama does allow patients with a cannabis medical card to purchase and consume products made from the cannabis plant, both marijuana and hemp, no matter the THC content.
Yes, hemp Delta-9 products are legal in Alaska. In August 2021, Governor Mike Dunleavy signed the Alaska Senate Bill 27 into law, which legally separated hemp and marijuana and legalized the commercialization of hemp products compliant with the 2018 Farm Bill. It’s also legal to grow and possess up to four ounces of marijuana in this state, though it is illegal to sell it and consume it in public.
Yes, both marijuana and hemp products with Delta-9 THC are legal in Arizona. The Arizona Senate Bill 1098, passed in 2018, allowed for the production and consumption of all hemp products compliant with the Farm Bill. In 2020, this state passed The Safe and Smart Act, which legalized marijuana use for adults over the age of 21.
Hemp-derived Delta 9 is legal in Arkansas. In March 2019, Governor Asa Hutchinson signed the Arkansas Industrial Hemp Act known as House Bill 1372 into law.
This Bill legalized the growth, production, and transportation of industrial hemp in the state, as well as the consumption of hemp-derived Delta 9 products with a total THC content of no more than 0.3% on a dry weight basis.
Yes, Delta 9 is legal in California. This state passed the California State Bill AB-45 in 2021, which regulates and legitimizes the inclusion of industrial hemp in consumer products under conditions set by the 2018 Farm Bill. California also allows medical marijuana use for adults over 21.
Yes, both marijuana and hemp-derived Delta 9 are legal in Colorado. Senate Bill 14-184 enabled farmers to grow and test the viability of different hemp varieties. Personal marijuana use has been legal in Colorado since 2012.
Delta 9 THC is legal in Connecticut. The 2019 Colorado Senate Bill 893 made consuming and purchasing hemp Delta-9 products that are compliant with the Farm Bill legal statewide. In 2021, this state legalized personal marijuana-derived THC consumption legal, as well.
Delta 9 is legal in Delaware under certain caveats. In August 2018, Delaware passed Senate Bill 266.
SB 266 allowed for hemp cultivation for agricultural or academic research and legalized the consumption of hemp products with no more than 0.3% of THC on a dry weight basis. Senate Bill 266 requires hemp growers and processors to apply to the state Department of Agriculture for a license.
Yes, hemp Delta-9 is legal in Florida. In 2019, this state passed Hemp Bill 1020, which made consuming and purchasing Delta 9 THC legal in Florida legal, so long as they contain no more than 0.3% of THC by dry weight.
Yes, it is legal to buy, sell, and consume Delta 9 products in Georgia if they are derived from hemp and contain no more than 0.3% of THC. In 2019, Governor Brian Kemp signed the Georgia House Bill 213, which allowed for Delta 9 products under these conditions.
Both marijuana and hemp-derived Delta 9 are legal in Hawaii. This state passed House Bill 2689 in 2020, which made products that meet the criteria specified by the Farm Bill legal.
Another Bill, called Senate Bill 767, was passed in 2021. This Bill allowed licensed businesses to produce, cultivate, and sell cannabis products, as well as personal possession of up to three cannabis plants.
Even when it comes from hemp, Delta 9 is not legal in the state of Idaho. That’s because the Idaho Uniform Controlled Substances Act considers all products that contain any percentage of THC or its isomers to be a controlled substance and thus illegal to sell, buy, and consume.
Therefore, 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 hemp and cannabis remain illegal.
Yes, Delta 9 is legal in Illinois. In 2018, this state passed the Industrial Hemp Farming Act, which gave farmers permits to grow industrial hemp in Illinois and allowed for the possession of products that contain hemp-derived Delta 9. Personal marijuana-derived THC consumption was legalized in 2019.
Only certain hemp-derived Delta 9 products are legal in Indiana. In 2020, Indiana passed the Industrial Hemp Act 15-15-13, which made hemp products with a THC concentration of no more than 0.3% by dry weight legal. Marijuana is illegal in this state. Our gummies with Delta 9 are compliant with these conditions and are legal to buy and consume in Indiana.
Yes, it is legal to purchase hemp Delta-9 products in Iowa, so long as they contain no more than 0.3% of THC by dry weight. This state implemented the state hemp program in 2020, which allowed for individual farmers to grow up to 40 acres of hemp.
Unfortunately, Delta 9 THC is not legal in Kansas. According to the Kansas House Bill 2167, all hemp grown in Kansas must be licensed by the Kansas Department of Agriculture, and selling products with any form of THC is illegal in this state.
If you live in Kansas and want to get the benefits of hemp, we suggest trying some of our vegan CBD gummies which don’t contain any THC. Or, go with our broad-spectrum gummies infused with CBN, which don’t contain THC either.
Yes, Delta 9 is legal in Kentucky under certain conditions. In 2020, this state passed House Bill 236, which made all hemp-derived products that contain no more than 0.3% of Delta 9 THC legal in Kentucky.
Yes, Delta-9’s legal in the state of Louisiana, if the product in question is derived from hemp and contains no more than 0.3% of THC on a dry weight basis. Louisiana House Bill NO 491 was signed into law in 2019, which authorized the Louisiana Department of Agriculture and Forestry to administer a state hemp program and accordingly legalized industrial hemp growing and production.
Both marijuana and hemp products with Delta 9 THC are legal in Maine. This state legalized recreational marijuana usage in 2016 under the Marijuana Legalization Act LD 719. Subsequently, Maine legalized commercial sales and distribution of marijuana in 2020.
Delta 9 products compliant with the Farm Bill are legal in Maryland. This state passed House Bill 803 in 2015, which legalized the production and consumption of hemp products that contain no more than 0.3% of THC by dry weight. Our THC-infused gummies are compliant with these conditions and are thus legal in Maryland.
Both marijuana and hemp Delta 9 are legal in Massachusetts. Personal THC consumption was legalized in Massachusetts in 2018 for adults 21 and over. Following the Agricultural Act of 2018, which legalized CBD and hemp production nationally, Massachusetts passed Bill H.4001, legalizing the production and consumption of hemp products in this state.
Delta 9 THC is legal in Michigan. This state made Farm Bill compliant Delta-9 THC legal with the introduction of the Michigan House Bill 6330 in 2018. This state also legalized marijuana-derived THC consumption. However, marijuana use must take place in private, as cannabis usage in public places is illegal in Michigan.
Yes, Delta 9 THC is legal in Minnesota. In 2019, Minnesota passed House Bill 3595, which legalized products containing Delta 9 THC that meet the following conditions:
Our edibles with Delta 9 are compliant with these conditions and are legal in the state of Minnesota.
Yes, Delta 9 products compliant with the Farm Bill are legal in Mississippi. In June 2020, Mississippi received approval from the U.S. Department of Agriculture (USDA) to implement its state hemp program. With this approval, Mississippi joined other states that have adopted Farm Bill guidelines for the legality of hemp and hemp-derived products.
Yes, Delta 9 is legal in the state of Missouri. This state passed House Bill 2034 in 2018. This House Bill defined industrial hemp as separate from marijuana and legalized products made from industrial hemp in this Missouri. This bill classified hemp as a plant containing less than 0.3 percent THC by weight, as it was later defined in the 2018 Farm Bill.
Delta 9 is legal in Montana. Cannabis was a controlled substance in this state until the 2018 Farm Bill—which legalized hemp-derived THC products with no more than 0.3% of THC by dry weight—was passed. In November 2020, Montana also legalized recreational marijuana use for adults over 21.
Hemp-derived Delta 9 is legal in Nebraska. As a direct response to the 2018 Federal Farm Bill, this state passed House Bill LB657 in 2019. This Bill legalized hemp Delta 9 products that contain no more than 0.3% of Delta 9 THC in the state of Nebraska.
Delta 9 is legal in Nevada. As of 2017, recreational marijuana use is legal in Nevada. This state also passed Senate Bill 305 in 2018, which allowed for the production and consumption of hemp Delta 9 THC products that contain 0.3% or less THC by dry weight.
Delta 9 products that are in compliance with the 2018 Farm Bill are legal in New Hampshire. In July 2019, Governor Chris Sununu signed House Bill 459-FN into law which legalized the growth, production, and transportation of industrial hemp in the state of New Hampshire.
This Bill also legalized the consumption of hemp-derived products with no more than 0.3% of Delta 9 per dry weight. HB 459-FN requires any grower, processor, or commercial trader of hemp to apply to the United States Department of Agriculture for a license.
Delta 9 is legal in New Jersey. At the state level, the New Jersey Hemp Farming Act, signed into law by Governor Philip Murphy on August 9, 2019, legalized Delta 9 products compliant with the 2018 Farm Bill. In 2021, this state also legalized recreational marijuana use.
Both marijuana and hemp-derived Delta 9 are legal in New Mexico. In 2019, this state passed House Bill 581, which legalized the production, distribution, and consumption of hemp products compliant with the Farm Bill.
The New Mexico Legislature passed the Cannabis Regulation Act on March 31, 2021, making it legal for adult-use customers age 21 and older to purchase two ounces of cannabis.
Delta 9 is legal in the state of New York. This state passed House Bill S6184A in 2019, which allowed the production and consumption of Delta 9 THC products that are derived from hemp and contain no more than 0.3% of THC by dry weight. New York also legalized recreational marijuana in September 2021.
Yes, Delta 9 is legal in North Carolina. In June 2019, Governor Roy Cooper signed Senate Bill 315, commonly referred to as the NC Farm Act, into law. This Bill legalized the production, transportation, and consumption of products made from industrial hemp with no more than 0.3% of THC on a dry weight basis.
Delta 9 products are legal in North Dakota if they are made in compliance with the 2018 Farm Bill. This state passed House Bill 1349 in 2019, which legalized products made from industrial hemp with no more than 0.3% of Delta 9 by dry weight.
Delta 9 products are legal in Ohio if they are compliant with the 2018 Farm Bill. Ohio passed Senate Bill 57 in 2019, which made all hemp products with less than 0.3% of THC on a dry weight basis legal in this state. All our products, including our sleep gummies, are in compliance with these conditions and are legal to purchase in Ohio.
Delta 9 is legal in Oklahoma. This state enacted House Bill 2145 on April 30, 2015, legalizing hemp CBD products containing less than 0.3% THC. HB 2145 removed hemp-derived CBD from the definition of marijuana if it contained less than 0.3% THC.
Both recreational marijuana use and hemp-derived Delta 9 are legal in Oregon. Recreational use of marijuana in Oregon was legalized in 2015. Hemp-derived Delta 9 products were legalized in this state in 2018, with the introduction of the Oregon Senate Bill 881.
Yes, Delta 9 is legal in Pennsylvania. In 2019, Senator Schwank signed Senate Bill No 335, which made consuming, selling, and purchasing Delta-9 THC products that are derived from hemp legal, if the products in question contain no more than 0.3% of THC by dry weight.
In Rhode Island, both marijuana and hemp Delta 9 are legal. Rhode Island H8232 was created in 2016, and legalized commercial, regulated hemp cultivation, as well as the consumption of Delta 9 products that are in compliance with the 2018 Farm Bill. Recreational use of marijuana in Rhode Island was legalized in May 2022 after the passage of the initiative to regulate and tax marijuana.
Delta 9 THC is legal in South Carolina if it is derived from hemp and the product has a THC limit of 0.3% by dry weight. This state legalized hemp with the introduction of the 2019 House Bill 3449.
This Bill allows anyone who is eligible and has received approval from the South Carolina Department of Agriculture to produce hemp and makes it legal for hemp enjoyers to consume products in line with the Farm Bill.
All nama CBD products, including our drinks with THC, are compliant with the Farm Bill and legal to consume in South Carolina.
Delta 9 products made from industrial hemp are legal in South Dakota. In March 2020, Governor Kristi Noem signed House Bill 1008 into law which legalized the growth, production, and transportation of industrial hemp in the state. This Bill also made it legal for consumers to take Delta 9 products derived from hemp and with no more than 0.3% of THC by dry weight.
Though medical and recreational marijuana are illegal in this state, hemp-derived Delta 9 products can be legal in Tennessee. By passing Senate Bill 357, Tennessee joined most US states in making hemp products compliant with the Farm Bill legal in the state.
Yes, hemp-derived Delta-9 is legal in Texas. In 2019, this state passed the Texas House Bill 1325, making all products derived from hemp with no more than 0.3% of THC on a dry weight basis legal statewide.
Yes, hemp Delta-9 THC is legal in Utah. This state passed the Utah Hemp and Cannabinoid Act (4-41) in 2019. With this document, the state of Utah legalized the production and consumption of Delta 9 THC products derived from hemp if they contain no more than 0.3% of THC on a dry weight basis.
In Vermont, both marijuana-derived and hemp-derived Delta 9 are legal. Personal THC consumption was legalized in Vermont in 2017. In 2019, this state also introduced Vermont State Bill 58, which made Farm Bill compliant Delta 9 products legal in the state.
Delta 9 is legal in the state of Virginia. This state passed Senate Bill 247, which legalized the production and consumption of Delta 9 products compliant with the Farm Bill. In 2021, Virginia also legalized recreational marijuana use with the introduction of House Bill 2312.
Delta 9 is legal in Washington. In June 2019, Senator Doug Ericksen signed Senate bill 5276 into law, which legally separated hemp and marijuana, and legalized the commercialization of hemp products that contain no more than 0.3% of THC on a dry weight basis. Recreational marijuana use is also legal in Washington, though cultivation of this plant is still prohibited.
Delta 9 THC is legal in West Virginia. In October 2018, Governor Jim Justice signed Senate Bill 475 into law which legalized the growth, production, and consumption of Farm Bill compliant hemp products in the state. All our edibles, including our gummies for sleep with CBD and Delta 9 THC, are compliant with the conditions set by Senate Bill 475.
Yes, Delta 9 is legal in Wisconsin. In 2019, Wisconsin passed Senate Bill 188. This Bill legalized the production and consumption of hemp Delta 9 products with the THC legal limit of no more than 0.3% on a dry weight basis in the state of Wisconsin.
Hemp-derived Delta 9 THC is legal in Wyoming. In 2019, Wyoming passed House Bill 0171, which legalized hemp production and consumption of hemp products that contain no more than 0.3% of Delta 9 THC by dry weight. The Wyoming legislation does not specify a concentration limit for Delta 8 THC and CBD.
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Delta 8 and Delta 9 are both THC compounds found in hemp and marijuana. Due to their chemical differences, these two compounds produce slightly different effects. To learn more about the differences between these two compounds, check out our Delta-9 vs Delta-8 comparison.
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. Low doses of Delta 9 can produce similar mild effects.
Hemp-derived Delta 8 THC products that are compliant with the 2018 Farm Bill are federally legal in the US. However, some states have opted to ban Delta-8 and Delta-10 products, even if Delta-9 is legal in the state.
As of 2022, fourteen states have made Delta 8 illegal:
If you live in a state that has legalized Delta 8 products, check out our delicious, hemp-derived gummies infused with Delta 8.
If you’re looking to buy Delta-9 products derived from hemp, you’re in the right place. We sell delicious, legal hemp Delta 9 gummies that are entirely vegan and delicious.
Our products contain natural flavors derived from fruit and Delta 9 THC derived from the finest American hemp. Each batch goes through rigorous third-party lab testing, with lab results available on our website.
In addition to Delta 9 products, we also offer gummies with melatonin, as well as full-spectrum CBD gummies, and many other products made with beneficial hemp compounds.
You can buy legal Delta 9 products in all US states except for Idaho and Kansas. In 48 US states, you can purchase hemp products with Delta 9 that are in compliance with the regulations set by the state (such as Delta 9 THC tinctures, vapes, and edibles).
Yes, Delta 9 will get you high at a sufficient dosage. However, you don’t have to get high when consuming Delta 9. A cannabis product with a low THC dosage, such as our Delta 9 edibles, will provide the benefits of Delta 9 THC without any unwanted psychoactive effects.
Yes, Delta 9 can be extremely beneficial, especially when taken in low doses. The benefits of microdosing THC compounds, especially Delta 9, include anxiety relief, chronic pain alleviation, increased appetite, and insomnia reduction.
No, CBD and Delta 9 THC are not the same. THC and CBD are both prominent compounds found in hemp and marijuana plants. CBD products, such as CBD oils, gummies, and vapes, can contain THC, but also come in a THC-free variety.
nama CBD offers CBD hemp products with and without THC, but we suggest taking our THC-infused ones to experience the entourage effect CBD and THC provide when taken together.
Yes, Delta 9 is legal to take on a plane if you are flying from and to a state where Delta 9 products are legal. If you’re traveling abroad, do thorough research on whether you’re allowed to possess and consume Delta 9 THC in the country you’re flying to.
Yes, Delta 9 can have psychoactive effects when taken in high dosages, so it’s fair to consider this compound psychoactive. At low doses, Delta 9 will not cause psychoactive effects but will relax you, alleviate anxiety, and ease pain. Many people use low doses of THC for sleep or take low amounts of this compound to deal with chronic pain without experiencing a high.
Yes, Delta-9 gummies show up on drug tests that test from THC, even if the gummies are derived from hemp. Thus, if you know you’ll get tested soon, refrain from taking gummies with Delta 9 (or any other form of THC) for about a month beforehand.
This information is not intended to replace professional medical advice, diagnosis, or treatment. Our products are not a replacement for prescription sleep medicine and should not be used for medical purposes, as they have not been evaluated by the Food and Drug Administration (FDA).
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