What is Hemp Derived Delta-9 THC, and is it legal?
Delta-9 is the latest cannabinoid to have hit the market over the past year. Within legal states, it is streamlining behind its partnering cannabinoids, Delta-8, CBD, and THC. The most significant difference between Delta-9 compared to its predecessors is its psychotropic effects on its consumers and the recently raised questions around its legal outline for purchase and use.
In the following article, we will clarify the confusion about the THC outlet of Delta-9. Explain what exactly Delta-9 is and if it has the same legal reach as Delta-8 and CBD?
What is Hemp Derived Delta-9?
Delta-9 THC is a significant cannabinoid found within the cannabis plant. It is cost-effective to extract and somewhat simple within its processes, while also tends to be derived chiefly from marijuana plants.
However, there are two types of Delta-9, hemp-based and cannabis-based. Hemp-based is just like regular Delta-9 from the cannabis plant, but hemp contains less than 0.3% of it at its dried weight. Because it's an identical chemical to the Delta-9 that comes from cannabis, it will still produce that high feeling many THC users seek. This means that because it is hemp-derived Delta-9, it is protected under the 2018 Farm Bill, provided it meets the concentration requirement.
Delta-9 comes in many product forms, from vape to edibles, and even branches into infusions with topicals and supplements. It is said to produce higher psychotropic effects while also causing its users to become more relaxed depending on the amount of consumption.
Yes, Delta-9 THC from hemp plants does, in fact, get you high, ultimately because, as stated above, it is the same chemical produced in ordinary cannabis plants. The only difference is the source and the amount of it you would have to consume to have comparable results to regular THC products. In legal states, edibles are one product that can basically have any concentration of each cannabinoid as long as it falls under a certain amount per serving. Such as distributing a case of 10 gummies, at 10mg each coming to a package of 100mg. So, for example, if you ate one edible with THC-based Delta-9 at 10mg, you would have to eat more volume than that to feel the same effects for hemp-derived Delta-9.
Outside of this, it is worth noting that Delta-9, derived from strictly hemp plants, will likely contain a mixture of other cannabinoids. Compared to Delta-9, which is derived from marijuana plants that tend to be a tad more straightforward in the presented cannabinoid. When sourcing from hemp, the THC: CBD ratio shifts, and the amount of extracted cannabinoids per plant changes.
Is Hemp Derived Delta-9 THC legal?
For all intents and purposes, yes, if it is derived from hemp. If it is not derived from hemp, it must be bought and sold within a state where regular THC is legalized. Such as in Colorado or California, where marijuana and hemp products are both legal for medical and recreational use.
In December 2018, the Farm Bill was signed into law, which helped out several agricultural outlets. Although it also essentially removed hemp, defined as Cannabis Sativa L, from the definition of marijuana within the Controlled Substances Act (CSA), which was initiated on May 1, 1971. Only if Delta-9-tetrahydrocannabinol (THC) concentrations were less than 0.3% when tested during dry weight.
So what does this all mean exactly as far as the everyday user goes? It means that on a federal level, any hemp-derived products containing less than 0.3% THC are legal regardless of the state you live in. However, some states still consider it illegal, putting variations of laws, regulations, and usual red tape around how and when it can be cultivated, sold, bought, and consumed. Even though federal trumps state, you still have to comply with the state laws per the area you are in as a citizen along those lines.
The 2018 Farm Bill Act also put FDA's authority over all hemp products. This means that federally, manufacturers and distributors must follow any requirements and standards the Food and Drug Administration has set to remain in business. For example, the FDA currently has reign over foods, dietary supplements, human and veterinary drugs, and cosmetics, which also applies to hemp products to the extent of falling within these categories. Essentially the FDA safeguards consumers' confidence in the safety that they are purchasing accurately labeled hemp products.
So to answer the looming question, yes, for the time being, hemp-derived Delta-9 THC remains legal in most states as long as it complies with the 0.3% limit. However, around a dozen states have still limited or restricted the sale of hemp-derived cannabinoids and THC isomers in general, such as Delta-9, Delta-8, and CBD. It is always best to review your current state's stance on hemp and THC products.
Where is Hemp Derived Delta-9 legal?
Currently, 42 states, including Puerto Rico and Washington DC, allow the sale and purchase of hemp-based Delta-9 THC. However, some states are still rolling out certain restrictions due to the confusion of testing and potentially losing out on tax dollars. States like Colorado, North Dakota, and Washington have banned the conversions for many companies wanting to cross cannabinoids from different cultivation points to give hemp-based Delta-9 the kick its cannabis-based partner has without consuming twice the amount. Whereas some states, like Kentucky, Pennsylvania, and Vermont, just don't know what to do, so they have legal restrictions. This means the manufacturing and producing of hemp Delta-9 products must undergo additional screening before being legally sold on the market.
Although the federal baseline of the 2018 Farm Bill protects the cultivation of hemp-based Delta-9, which is usually transcribed into state-level law. Some states have still taken different approaches with hemp products, generally classifying their hemp-based Delta-9 laws as either legal, restricting through regulation, or just being outright banned within those state lines.
So in conclusion, before introducing a new product to your home, you should always check if it's legal in your state and if the labels clearly state dosage and testing practices.