Delta 9 THC: Where Is It Legal? State By State List

It’s a fascinating time for the hemp industry, now that companies have been able to legally sell psychoactive cannabinoids like THC-O, delta 8 THC, and THC-P throughout the country, and more recently, legal delta 9 products, primarily in the form of gummies. 

Delta 9 THC is, as we all know, the most controversial component of cannabis, but thanks to the specific wording of federal law, companies are, in fact, able to ship delta 9 gummies largely throughout the United States, which contain active, effective doses of this sought-after natural psychoactive.

To buy Delta 9 THC Products Click Here

Is Delta 9 THC Federally Legal?

The answer is yes and no.  We know that the Farm Bill that was passed in 2018 determined that hemp products could only be sold legally on a federal level if they were shown to contain a maximum of 0.3% delta 9 THC per dry weight.  The gummies and other “federally compliant” delta 9 THC products you mainly see on the market contain 0.3% delta 9, but the product volumes are high enough that the 0.3% in them comes out to anywhere from 10-15 milligrams total.

Another workaround is the idea of “complete THC”.  It’s legal to fulfill lawfully required testing protocol for hemp products that haven’t yet been decarboxylated, which means that they would show a higher percentage of THCA than THC. 

THCA is the raw, pre-decarboxylated form of THC, and so these tests would show that the product contains the legal limit of THC.  Once the company decarboxylates the product, that THCA, which is federally legal, becomes THC, making the product psychoactive only after it’s been approved as legal through required testing procedure.

Is Delta 9 THC Legal in All 50 States?

Here’s where things get a little complicated.  Each state has their own specific laws when it comes to the delta 9 in both marijuana and hemp.  So, allow us to break down each state’s delta 9 laws so you know what your abilities are when it comes to buying delta 9 products.  Note that ultimately, it’s legal for Binoid to ship federally compliant delta 9 products to all 50 states, but whether you can find delta 9 in local stores is a different matter depending on the information below.

Also, when we refer to “complete THC” below, that means that the state allows for products that are tested to show higher-than-0.3% levels of THCA prior to decarboxylation, which will be converted into delta 9 THC by the manufacturer after having the product tested.  Also, all of the states below allow hemp products to contain a maximum of 0.3% delta 9 by dry weight, unless indicated otherwise.

  • Alabama: Hemp Delta 9 THC is legal in Alabama
  • Alaska: Hemp Delta 9 THC might be illegal in Alaska
  • Arizona: Hemp Delta 9 THC is legal in Arizona
  • Arkansas: Hemp Delta 9 THC is legal in Arkansas
  • California: Hemp Delta 9 THC is legal in California
  • Colorado: Hemp Delta 9 THC might be illegal in Colorado
  • Connecticut: Hemp Delta 9 THC is legal in Connecticut
  • Delaware: Hemp Delta 9 THC is legal in Delaware
  • Florida: Hemp Delta 9 THC is legal in Florida
  • Georgia: Hemp Delta 9 THC is legal in Georgia
  • Hawaii: Hemp Delta 9 THC is legal in Hawaii
  • Idaho: Hemp Delta 9 THC might be illegal in Idaho
  • Illinois: Hemp Delta 9 THC is legal in Illinois
  • Indiana: Hemp Delta 9 THC is legal in Indiana
  • Iowa: Hemp Delta 9 THC is legal in Iowa
  • Kansas: Hemp Delta 9 THC is legal in Kansas
  • Kentucky: Hemp Delta 9 THC is legal in Kentucky
  • Louisiana: Hemp Delta 9 THC is legal in Louisiana
  • Maine: Hemp Delta 9 THC is legal in Maine
  • Maryland: Hemp Delta 9 THC is legal in Maryland
  • Massachusetts: Hemp Delta 9 THC is legal in Massachusetts
  • Michigan: Hemp Delta 9 THC is legal in Michigan
  • Minnesota: Hemp Delta 9 THC is legal in Minnesota
  • Mississippi: Hemp Delta 9 THC is legal in Mississippi
  • Missouri: Hemp Delta 9 THC is legal in Missouri
  • Montana: Hemp Delta 9 THC is legal in Montana
  • Nebraska: Hemp Delta 9 THC is legal in Nebraska
  • Nevada: Hemp Delta 9 THC is legal in Nevada
  • New Hampshire: Hemp Delta 9 THC is legal in New Hampshire
  • New Jersey: Hemp Delta 9 THC is legal in New Jersey
  • New Mexico: Hemp Delta 9 THC is legal in New Mexico
  • New York: Hemp Delta 9 THC might be illegal in New York
  • North Carolina: Hemp Delta 9 THC is legal in North Carolina
  • North Dakota: Hemp Delta 9 THC is legal in North Dakota
  • Ohio: Hemp Delta 9 THC is legal in Ohio
  • Oklahoma: Hemp Delta 9 THC is legal in Oklahoma
  • Oregon: Hemp Delta 9 THC is legal in Oregon
  • Pennsylvania: Hemp Delta 9 THC is legal in Pennsylvania
  • Rhode Island: Hemp Delta 9 THC is legal in Rhode Island 
  • South Carolina: Hemp Delta 9 THC is legal in South Carolina
  • South Dakota: Hemp Delta 9 THC is legal in South Dakota
  • Tennessee: Hemp Delta 9 THC is legal in Tennessee
  • Texas: Hemp Delta 9 THC is legal in Texas
  • Utah: Hemp Delta 9 THC is legal in Utah
  • Vermont: Hemp Delta 9 THC might be illegal in Vermont
  • Virginia: Hemp Delta 9 THC is legal in Virginia
  • Washington: Hemp Delta 9 THC is legal in Washington
  • West Virginia: Hemp Delta 9 THC is legal in West Virginia
  • Wisconsin: Hemp Delta 9 THC is legal in Wisconsin
  • Wyoming: Hemp Delta 9 THC is legal in Wyoming 

Can Delta 9 THC Result in a Failed Drug Test?

Now, let’s get back into the practicalities regarding Delta 9 THC.  One question that we’ve been getting ever since CBD hit the scene is whether or not hemp can cause you to fail a drug test.  Well, here’s where it gets interesting.  Hemp as a whole, in the form of flower or full spectrum hemp, will not usually cause a failed drug test. 

This is because the amount of THC, including both delta 8, delta 9, and other Delta's is so low in hemp that it won’t even register. However, full spectrum Hemp Delta 9 THC extract is concentrated and may be a different story. It is very likely Delta 9 products will trigger a drug test. 

Because you are taking a Delta 9 product (regardless of being hemp-derived and amounts) you will likely trigger positive on a drug test. As you have had enough Delta 9 in your system to trigger a test. Even though the hemp-derived Delta 9 product is legal you will still show positive for Delta 9 on a drug test which can put yourself at risk depending on your job's code of conduct.

How Delta 9 THC Products Are Made

To take the hemp plant and produce Delta 9 products from it Delta 9 concentrate, companies can choose a few different ways.  

Method #1:Extraction

Manually isolating the Delta 9 compound from the hemp’s composition and extract it to create a concentrate.  As you can imagine, extracting a compound that is present in less than 0.1 percent of the plant’s entire makeup is tedious and expensive, because an enormous amount of plant material must be used to produce a fair amount of extract.

Method #2: Rearranging Compounds

Becoming increasingly popular and a bit more complex, although less expensive overall.  Delta 9 THC can be made from CBD Isolate.  This means that the molecules in each compound have the same atoms, only they are organized differently.  Companies have found ways to rearrange these atoms in order to turn cannabidiol compounds into delta 9 and other compounds. 

Can Delta 9 THC Be Discovered on a Lab Test by Law Enforcement?

Another concern that many have is that Delta 9 THC products will trigger a lab test or drug test. As it is the main THC compound known in Marijuana. Well Delta 9 products will trigger a test. However, because there is likely 10mg per gummy or piece, based on the weight that is a legal amount. Which means although it is .3% total, it is still legal. 

Guide for Using Delta 9 Legally

After learning all of this about Delta 9 THC, you might be ready to dive into it, but want to make sure that you do so with as little a risk of legal repercussion as possible.  Let’s walk you through the steps of using Delta 9 THC safely and legally.

Tip #1: Make Sure Your State Allows It

The first thing that you need to do is make sure that your state does allow hemp Delta 9 THC products according to law.  Now, like we said, state law can change at any time.  This means that just because it was legal in your state six months ago doesn’t mean that it still is.  

Tip #2: Ensure The Delta 9 Is Hemp-Derived 

Delta 9 THC must come from the hemp plant to be considered legal, even at .3%.  This is because the hemp bill is not considered a classified substance as marijuana is.  So, ensure that the company you’re buying from uses the hemp plant to stay within legal limits. Binoid is a top Delta 9 brand that makes amazing Delta 9 bundles and Delta 9 chocolates that we would definitely recommend to try. One way to know is by the taste of the product.

Because hemp Delta 9 is a full spectrum product and not an isolate, you will taste the hemp. It may be strong and bitter, but that is what lets you know it is hemp and is full of powerful compounds. 

Tip #3: Find Out the Extraction Method Used

Another thing to do is find out how the Delta 9 THC was extracted by the company that you plan to buy from.  If you cannot find info on their website, contact them yourself.  The FDA has not regulated hemp Delta 9, nor any other hemp products. Therefore, be careful of the quality of Delta 9 THC distillate and the safety of products you buy online.

Tip #4: Look for a Lab Analysis

Next, look for a lab analysis.  Any good company producing Delta 9 products wants to prove their legitimacy, and so they will provide a third-party lab report to customers.  This means that they had their Delta 9 tested by an unbiased facility. When looking at this lab report, make sure that it contains pure Delta 9 at 10-14mg per gummy, as any amount higher is illegal. Anything above 15mg per gummy is illegal. 

Tip #5: Be Mindful of When and Where You Use it

Finally, make a point to use Delta 9 THC responsibly.  Even though it may be legal in your state, law enforcement may be confused as it is Delta 9, and may decide that you’re using an illegal substance.  While technically they may be in the wrong, it’s not worth the hassle of having to explain yourself. Further, many law enforcement officials don’t even know the legal amounts of hemp Delta 9, and so they might not believe you when you explain to them that it’s a federally legal amounts.

What Buying Legal Delta 9 Means For You

If you’re interested in trying the federally compliant delta 9 THC at Binoid, the good news is that we can ship it to you where you live thanks to the specifics of state legislation.  Now, keep in mind that cannabis laws change all the time, so you’ll always want to stay on top of what your state has to say about federally compliant delta 9 from the hemp plant, as well as marijuana laws that also affect how you can purchase delta 9 THC products.

Overall, federally compliant delta 9 THC is largely legal throughout the country, both because it can contain a maximum of 0.3% delta 9 by dry weight, and because it can be tested to show that it has the legal limit of THC thanks to being analyzed prior to THCA gets converted into delta 9.  So, if you are seeking out a legal delta 9 high, chances are that you’ll have no trouble getting your hands on some delta 9 at Binoid easily.

Looking to buy Delta 9 in your state? Click here!

Leave a comment

All comments are moderated before being published

Shop now