Is Hemp Derived Delta-9 THC Legal in All 50 States?

Updated: October 4th, 2024

Delta-9 THC, a psychoactive compound found in cannabis plants, has a complex legal landscape in the United States. While federally illegal, its legality varies significantly from state to state, particularly when derived from hemp.

Understanding Delta-9 THC

Delta-9 THC is the primary cannabinoid responsible for the "high" associated with cannabis use. It's been studied for potential therapeutic benefits, ranging from relaxation and pain relief to neuroprotection. While delta-9 THC is the most common form, others like delta-8 THC, THCA, and THCV often require synthetic derivation due to their low natural concentrations in hemp and marijuana.

The Difference Between Marijuana and Hemp-Derived Delta-9 THC

Both marijuana and hemp are varieties of the Cannabis sativa plant. However, they differ in their chemical composition. Marijuana is high in delta-9 THC and low in CBD, while hemp is low in delta-9 THC and high in CBD.

The 2018 Farm Bill legalized hemp and its derivatives, including delta-9 THC, provided they contain no more than 0.3% delta-9 THC by dry weight. This federal legalization allowed for hemp-derived delta-9 THC products, but individual states have the authority to regulate or ban them within their borders.

The Legal Status of Delta-9 THC

While hemp-derived delta-9 THC is legal in 42 states, Puerto Rico, and Washington, D.C., state-level regulations vary widely. Some states have legalized it for recreational or medical use, while others have imposed restrictions or outright bans.

States Where Hemp Delta-9 THC Products Are Legal

• States with Legal Recreational Use: 
• • Alabama
  • Alaska
  • Arizona
  • Arkansas
  • Connecticut
  • Delaware
  • Florida
  • Georgia
  • Hawaii
  • Illinois
  • Indiana
  • Iowa
  • Kansas
  • Louisiana
  • Maine
  • Maryland
  • Massachusetts
  • Michigan
  • Minnesota
  • Missouri
  • Montana
  • Nebraska
  • Nevada
  • New Hampshire
  • New Jersey
  • New Mexico
  • New York
  • North Carolina
  • Ohio
  • Oklahoma
  • Oregon
  • Rhode Island
  • South Carolina
  • South Dakota
  • Tennessee
  • Texas
  • Utah
  • Virginia
  • Washington
  • West Virginia
  • Wisconsin
  • Wyoming
• States Where Hemp Delta-9 THC Products Are Restricted
• • California
  • Idaho
  • North Dakota
  • Mississippi

Buying Delta-9 THC Products

When purchasing delta-9 THC products, look for those:

• Derived from naturally grown hemp
• Extracted using CO2
• Tested by third-party laboratories
• Accurately labeled with ingredients, dosage, and warnings

Remember: The legal landscape for delta-9 THC is constantly evolving. Always check your state's laws and regulations before purchasing or using any hemp-derived products.