Is Hemp-Derived Delta 9 THC Legal in the US?

In the United States, hemp-derived delta 9 gummies that contain less than 0.3 percent of delta 9 are legal. Thanks to the Farm Act, hemp delta-9 is federally legal, but some states have introduced their own restrictions on the popular cannabinoid. In most places, hemp-derived delta-9 THC products are legal, but there are a few exceptions. Idaho is the only state where hemp delta-9 is explicitly banned, as the state's Uniform Controlled Substances Act makes it clear that hemp products cannot contain any percentage of THC or its isomers.

For a quick and at-a-glance look at the legality of hemp-derived delta-9 THC in the U. S., we have prepared this state-by-state map. This will be updated regularly, so keep checking back if you want to learn more about your status. Hemp-derived delta-9 THC products are legal in 42 states, in addition to Puerto Rico and DC.

This means that it's limited to 0.3% of delta-9 in dry weight, but that's about it. However, some states have laws that specifically address delta-8 THC, and these could soon enact legislation that addresses delta-9 in hemp. Alabama adopted the definition of hemp from the Farm Act and, therefore, in the absence of other laws, SB 225 legalizes delta-9 of hemp in the state. Arizona legalized industrial hemp based on the text of the Farm Bill with SB 1098, in addition to limiting its sale to people 21 years of age or older. Delaware defines hemp in accordance with the Farm Act and therefore legalizes delta-9 hemp products in the state. Indiana law defines hemp as does the Farm Act, so as long as the delta-9 concentration of THC is less than 0.3% by dry weight, the product is legal.

Iowa law defines hemp as does the Farm Bill, so delta-9 hemp is legal in Iowa. Kansas defines industrial hemp in accordance with the Farm Bill and therefore legalizes delta-9 hemp products in the state. Kentucky uses the same definition of hemp as the Farm Bill and therefore legalizes delta-9 from hemp. Maryland legalized hemp and hemp-derived compounds in accordance with the Farm Act, making hemp delta-9 legal in Maryland. Michigan officially legalized industrial hemp in Michigan with HB 4744, with the same definitions used in the Farm Bill. Minnesota law (the Industrial Hemp Development Act) defines industrial hemp in the same way as the Farm Bill, so delta-9 from hemp is legal in the state.

Mississippi legalized hemp based on the Farm Act, making delta-9 from hemp legal in the state. Montana legalized industrial hemp in 2001 with SB 261, which was enacted long before the Farm Bill but used the same definitions and limits. Nevada's definition of hemp imposes a 0.3% THC limit established in the Farm Act but also includes THC isomers such as delta-7, delta-8 and delta-10 which are covered by the state's Uniform Controlled Substances Act. New Jersey legalized hemp under the Hemp Growing Act and defined it in accordance with the Farm Act. New Mexico legalized hemp based on both the Farm Act and Hemp Manufacturing Act, so delta-9 from hemp is legal within usual limits. North Carolina legalized hemp cannabinoids with SB 352 which removed them from the state's Controlled Substances Act based on definition from Farm Act. North Dakota amended their original law to include all THC within limits of Farm Act but also prohibited conversions used to make delta-8 and most delta-9 products from CBD.

Ohio's SB 57 legalized hemp and used definitions from Farm Act to legalize delta 9 from hemp.

Alyson Klehn
Alyson Klehn

Friendly coffeeaholic. Total bacon specialist. Passionate troublemaker. Typical zombie lover. Wannabe travel practitioner.

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