Federal and State Cannabis Laws

Is Delta 9 THC Legal?

By Zero Point

If you’re curious about why you can buy Delta 9 THC products online without needing a medical card, you’re in the right place. Delta 9 THC is legal under certain conditions, and here's why:

Delta-9 THC is a natural compound found in the cannabis plant, which includes both hemp and marijuana. The key difference between them lies in their Delta-9 THC content.

  • Marijuana: Defined by the U.S. federal government as cannabis with more than 0.3% Delta-9 THC by dry weight, making it federally illegal.
  • Hemp: Defined as cannabis containing 0.3% or less Delta-9 THC by dry weight, making it federally legal according to the 2018 Farm Bill.

Is Delta 9 Legal to Buy Online?

The 2018 Farm Bill legalized hemp and its derivatives, including Delta-9 THC, provided the Delta 9 THC concentration does not exceed 0.3% on a dry weight basis. This means that products derived from hemp that meet this THC concentration limit are federally legal.

You can purchase hemp-derived cannabis products as long as:

  1. The Delta-9 THC is sourced from hemp plants.
  2. The Delta-9 THC concentration does not exceed 0.3% of the product's dry weight.

Is Delta 9 Legal in all 50 States?

While federal law permits hemp-derived Delta 9, state laws can vary significantly:

  • Fully Legal States: Some states have embraced the federal guidelines and permit the sale and use of hemp-derived products, including Delta-9 THC, up to the 0.3% limit.
  • States with Additional Restrictions: Certain states have enacted their own regulations that may impose stricter controls on the sale, use, or production of hemp-derived Delta 9 products.
  • States with Comprehensive Cannabis Laws: States that have legalized marijuana for recreational and/or medical use generally allow for a broader range of hemp-derived and marijuana-derived THC products.
  • Strictly Regulated States: A few states have stricter controls that may ban specific hemp-derived products or require additional testing and labeling standards.

Hemp-derived Delta 9 THC is legal at the federal level if the THC concentration does not exceed 0.3% on a dry weight basis. However, state laws vary, and it is important to be aware of the regulations in your specific location to ensure compliance.

Is Delta 9 THC legal in your state? Click your state below for more information.

1. Alabama

  • Hemp-Derived Delta 9 THC is legal in Alabama: under federal law.
  • State Law: Alabama Senate Bill 225 (2019) legalized industrial hemp production and products derived from hemp, including Delta-9 THC, provided the THC content does not exceed 0.3%.

2. Alaska

  • Hemp-Derived Delta 9 THC is legal in Alaska: with restrictions.
  • State Law: Alaska passed House Bill 27 (2018), which aligns with the 2018 Farm Bill. However, the state has additional testing and regulation requirements for hemp-derived products.

3. Arizona

  • Hemp-Derived Delta 9 is legal in Arizona: under state and federal law.
  • State Law: Arizona’s Senate Bill 1098 (2018) legalized hemp and its derivatives, including Delta-9 THC under 0.3%. Additionally, the Arizona Smart and Safe Act (2020) regulates THC products.

4. Arkansas

  • Delta 9 THC is legal in Arkansas: with regulations.
  • State Law: Arkansas Industrial Hemp Act (2017) legalized hemp-derived products with less than 0.3% THC. The state follows federal standards.

5. California

  • Hemp-Derived Delta 9 is legal in California: with regulation.
  • State Law: Assembly Bill 45 (2021) set regulations for hemp-derived products in California, ensuring they comply with the 0.3% THC limit and established testing, labeling, and marketing rules.

6. Colorado

7. Connecticut

  • Delta 9 THC is legal in Connecticut
  • State Law: Public Act No. 19-3 legalized hemp and its derivatives in Connecticut, following the federal 0.3% THC threshold.

8. Delaware

  • Hemp-Derived Delta-9 is legal in Delaware: with limitations.
  • State Law: Delaware’s House Bill 385 (2018) legalized hemp-derived products under federal regulations. However, the state has additional processing regulations.

9. Florida

  • Delta 9 THC is legal in Florida
  • State Law: Florida Senate Bill 1020 (2019) legalized hemp and its derivatives, including Delta-9 THC, provided they meet the 0.3% THC limit.

10. Georgia

  • Is Delta 9 THC Legal in Georgia?: Yes.
  • State Law: The Georgia Hemp Farming Act (2019) legalized hemp-derived products with 0.3% or less THC content.

11. Hawaii

12. Idaho

13. Illinois

  • Hemp-Derived Delta 9 THC is legal in Illinois
  • State Law: Illinois Industrial Hemp Act (2018) allows the production and sale of hemp-derived products under federal guidelines, including Delta-9 THC within the 0.3% limit.

14. Indiana

  • Delta 9 THC is legal in Indiana
  • State Law: Indiana’s Senate Bill 516 (2019) legalized hemp-derived products, including Delta-9 THC, under federal THC concentration limits.

15. Iowa

  • Hemp-Derived Delta 9 is legal in Iowa: with limitations.
  • State Law: House File 2581 (2020) permits the sale of hemp-derived products in Iowa, but the state has strict regulations and testing requirements.

16. Kansas

17. Kentucky

  • Delta 9 THC is it legal in Kentucky?: Yes.
  • State Law: Kentucky Senate Bill 50 (2013) legalized hemp products, following federal standards on THC content (≤ 0.3%).

18. Louisiana

  • Is Delta 9 Legal in Louisiana?: Yes, with specific regulations.
  • State Law: Louisiana’s House Bill 491 (2019) allows the sale of hemp-derived products, including Delta-9 THC, provided they meet federal limits and state labeling laws.

19. Maine

  • Is Delta 9 THC Legal in Maine?: Yes.
  • State Law: Maine’s LD 630 (2015) legalized industrial hemp production and its derivatives under the 0.3% THC rule.

20. Maryland

  • Delta-9 THC is Legal in Maryland
  • State Law: Maryland legalized hemp-derived products under the House Bill 1123 (2018), adhering to federal THC limits.

21. Massachusetts

  • Delta 9 is Legal in Massachusetts: with state regulation.
  • State Law: Massachusetts Senate Bill 2406 (2016) legalized industrial hemp production and its derivatives, including hemp-derived Delta-9 THC, following federal guidelines. However, state regulations add specific requirements for labeling and product testing.

22. Michigan

  • Delta 9 THC is Legal in Michigan.
  • State Law: Michigan Industrial Hemp Research and Development Act (2018) allows the sale of hemp-derived products, including Delta-9 THC, under the 0.3% THC concentration limit.

23. Minnesota

  • Hemp-Derived Delta 9 is Legal in Minnesota: with specific restrictions.
  • State Law: The Minnesota Industrial Hemp Development Act (2015) legalized hemp-derived products. Minnesota has additional testing requirements to ensure compliance with the 0.3% Delta-9 THC limit.

24. Mississippi

  • Delta 9 THC is Legal in Mississippi: but restricted.
  • State Law: Mississippi allows the sale of hemp-derived products under the Mississippi Hemp Cultivation Act (2020), but the state imposes strict requirements for testing, and products cannot contain more than 0.3% Delta-9 THC.

25. Missouri

  • Is Hemp-Derived Delta-9 THC Legal in Missouri?: Yes.
  • State Law: Missouri Senate Bill 133 (2018) legalized hemp and hemp-derived products, including Delta-9 THC, as long as the THC concentration does not exceed the federal 0.3% threshold.

26. Montana

  • Delta 9 THC is Legal in Montana
  • State Law: Montana Senate Bill 176 (2017) legalized hemp and hemp-derived products, provided they meet the federal 0.3% Delta-9 THC limit.

27. Nebraska

  • Delta 9 is Legal in Nebraska: with state-specific regulations.
  • State Law: Nebraska Legislative Bill 657 (2019) legalized hemp-derived products but has strict rules for licensing, testing, and ensuring compliance with the 0.3% THC limit.

28. Nevada

  • Delta 9 is Legal in Nevada: regulated under state law.
  • State Law: Nevada Senate Bill 209 (2019) legalized hemp-derived products, including Delta-9 THC, and established a framework for testing and selling products in compliance with federal THC limits.

29. New Hampshire

  • Delta 9 THC is Legal in New Hampshire
  • State Law: New Hampshire legalized hemp-derived products under House Bill 459 (2019), with the condition that THC concentration remains within the federal 0.3% threshold.

30. New Jersey

  • Hemp-Derived Delta 9 is Legal in New Jersey
  • State Law: New Jersey Assembly Bill 5322 (2019) legalized the sale of hemp-derived products under federal guidelines, including Delta-9 THC below 0.3% concentration.

31. New Mexico

  • Delta 9 THC is Legal in New Mexico
  • State Law: New Mexico legalized hemp and its derivatives, including hemp-derived Delta-9 THC, under Senate Bill 6 (2019). The law requires compliance with the 0.3% THC limit and includes provisions for testing and licensing.

32. New York

  • Hemp-Derived Delta 9 is Legal in New York: with regulations.
  • State Law: New York Senate Bill S8084 (2019) legalized hemp-derived Delta-9 THC. The state regulates hemp products under the 0.3% THC threshold and has specific labeling, packaging, and testing requirements.

33. North Carolina

  • Delta-9 THC is Legal in North Carolina
  • State Law: North Carolina Senate Bill 315 (2019) legalized hemp and hemp-derived products, including Delta-9 THC, following the federal 0.3% THC rule.

34. North Dakota

  • Delta 9 THC is Legal in North Dalota
  • State Law: North Dakota House Bill 1349 (2019) legalized hemp and its derivatives. Hemp-derived Delta-9 THC products are legal under the 0.3% THC limit, in line with federal law.

35. Ohio

  • Delta-9 THC is Legal in Ohio
  • State Law: Ohio Senate Bill 57 (2019) legalized hemp and hemp-derived products, provided they contain no more than 0.3% Delta-9 THC. The state requires proper testing and labeling.

36. Oklahoma

  • Hemp-Derived Delta 9 is legal in Oklahoma
  • State Law: Oklahoma Senate Bill 868 (2019) legalized hemp-derived products under federal regulations, including Delta-9 THC within the 0.3% limit.

37. Oregon

38. Pennsylvania

  • Delta 9 THC is Legal in Pennsylvania
  • State Law: Pennsylvania House Bill 967 (2016) legalized hemp-derived products, including Delta-9 THC, as long as they comply with the federal 0.3% THC rule.

39. Rhode Island

  • Delta 9 is Legal in Rhode Island: with state-specific regulations.
  • State Law: Rhode Island House Bill 8232 (2019) legalized hemp-derived products under federal guidelines. The state imposes additional requirements for testing, packaging, and labeling.

40. South Carolina

  • Delta-9 THC is Legal in South Carolina
  • State Law: South Carolina Hemp Farming Act (2019) legalized hemp-derived products, including Delta-9 THC, under the federal 0.3% THC threshold. However, the state requires compliance with strict testing and licensing protocols.

41. South Dakota

  • Delta 9 THC is Legal in South Dakota: with tight controls.
  • State Law: South Dakota House Bill 1008 (2020) legalized industrial hemp production, but all products must contain no more than 0.3% THC to remain legal.

42. Tennessee

  • Hemp-Derived Delta 9 THC is Legal in Tennessee
  • State Law: Tennessee legalized hemp and its derivatives, including Delta-9 THC, under the Tennessee Industrial Hemp Act (2014). All products must adhere to the federal THC limit of 0.3%.

43. Texas

  • Delta 9 THC is Legal in Texas: with regulations.
  • State Law: Texas House Bill 1325 (2019) legalized hemp-derived products, including Delta-9 THC, provided they meet the federal 0.3% THC limit. Texas imposes strict testing and labeling requirements.

44. Utah

  • Hemp-Derived Delta 9 is Legal in Utah: with specific restrictions.
  • State Law: Utah House Bill 3001 (2018) legalized hemp-derived products, but the state has stringent regulations for testing, labeling, and distribution to ensure compliance with federal THC limits.

45. Vermont

  • Hemp-Derived Delta 9 is Legal in Vermont
  • State Law: Vermont Senate Bill 58 (2013) legalized hemp and its derivatives, including Delta-9 THC, as long as they adhere to the 0.3% THC limit. Vermont also has strict regulations regarding the testing and sale of these products.

46. Virginia

  • Delta-9 THC is Legal in Virginia
  • State Law: Virginia House Bill 532 (2019) legalized hemp-derived products under federal guidelines, including Delta-9 THC within the 0.3% limit. Additional state regulations require testing and labeling compliance.

47. Washington

  • Hemp-Derived Delta 9 THC is Legal in Washington
  • State Law: Washington Senate Bill 5276 (2019) legalized hemp and its derivatives, including Delta-9 THC, following the 0.3% federal THC limit. Washington has stringent requirements for testing, labeling, and packaging.

48. West Virginia

  • Delta 9 is Legal in West Virginia
  • State Law: West Virginia Senate Bill 447 (2019) legalized hemp-derived products under federal law. Hemp-derived Delta-9 THC is legal within the 0.3% THC threshold.

49. Wisconsin

  • Hemp-Derived Delta 9 THC is Legal in Wisconsin
  • State Law: Wisconsin Assembly Bill 206 (2019) legalized hemp-derived products under federal law, following the 0.3% Delta-9 THC limit.

50. Wyoming

  • Delta 9 THC is Legal in Wyoming
  • State Law: Wyoming House Bill 171 (2019) legalized hemp and hemp-derived products, provided they adhere to the 0.3% federal THC limit. Wyoming requires proper testing and labeling for these products.

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