Thanks to a “new” loophole, hemp Delta-9 THC products are legal to buy in your state. Here’s how. Is Delta-8 THC illegal in your state? Don’t despair because these hemp-derived Delta-9 THC gummies are now as legal as full spectrum hemp CBD products.
And you can buy them as freely and legally as you buy your regular full spectrum CBD gummies. We all know that Delta-9 THC is federally illegal. But, there’ve been plenty of loopholes after the Farm Bill legalized hemp. And this one has to be the most interesting because it defies the impossible.
We’re talking about a “new” loophole that makes hemp-derived Delta-9 THC products 100% legal in your state. Yes, full spectrum gummies with high levels of real D-9 THC that gets you “stoned.” If you’re wondering how this is even possible, read on.
We break down the legality behind it and the laws in each state.
First Things First, What is Hemp-Derived Delta-9 THC?
Delta-9 tetrahydrocannabinol (THC) is the main psychoactive ingredient in cannabis. If you’ve used marijuana before, you know this is the substance that caused you to feel “high.” Delta-9 THC naturally occurs in both cannabis varieties — hemp and marijuana. In fact, this cannabinoid is the primary substance the law uses to differentiate between these two plants.
As you know, hemp — the federally legal, non-intoxicating Cannabis sativa — contains low concentrations of D-9 THC. Under federal law, hemp (and hemp products) is considered legal only if it has less than 0.3 percent THC on a dry weight basis. Marijuana — the federally illegal, intoxicating variety — contains an average of 15% Delta-9 THC.
Naturally, the THC levels depend on the strain as some strains have higher levels of this compound — up to 25%.This is one of the main reasons behind the legalization of hemp — that it provides the health benefits of cannabis in a safe form that doesn’t get the user high. If you’ve ever consumed a CBD product with less than 0.3% D-9 THC, you know that the compound doesn’t get you high when present in low amounts.
But, given hemp is such a versatile plant that’s broadly defined by federal law, loopholes arise as people are trying to blend the line between hemp and marijuana and simply consider the plant what it truly is — cannabis.
Hemp-derived Delta-9 THC vs. Marijuana-derived Delta-9 THC
So, on the market, you have THC derived from hemp and THC derived from marijuana.
The difference between the two? Chemically, there’s none. They are both Delta-9 THC molecules that offer the same therapeutic potency but come from different sources. But, from a legal standpoint, the source is everything. This means that this compound is legal when derived from hemp with less than 0.3% D-9 THC on a dry weight basis.
So, when we talk about legal Delta-9 THC, we are not talking about one derived from marijuana. We’re talking about Delta-9 derived from hemp.
Delta-9 THC Gummies by Mr. Hemp Flower
Our new hemp-derived Delta-9 THC Gummies are full spectrum gummies packed with 10mg of premium D-9 THC extract. We believe in the true power of full spectrum cannabis, so we formulated this product to reflect the best combination of cannabinoids and terpenes for whole-plant therapy. This organic and vegan formula comes in two delicious flavors — watermelon and blue raspberry. Prepare to enjoy deliciousness that will wake up your taste buds and your mind.
As any hemp product rich in D-9 THC, these gummies will get you “high.” They are designed to provide relief and recreation, so if this is your first time trying them, make sure you start with half a gummy.
Mr. Hemp Flower is mindful of the dose of each product when creating it. When it comes to our D-9 gummies, we consider 10mg the golden standard for anyone that needs relief, but is trying to avoid the “couch lock” and stay more active. If you want to keep daytime drowsiness at bay, avoid taking large amounts of D-9 THC.
These premium gummies come with a certified third-party lab test to confirm potency and purity. Each gummy presents a robust full spectrum profile of D-9 THC, CBD, CBG, CBN, Delta-8 THC, CBDV, and CBC. To create them, Mr. Hemp Flower uses locally grown, pure, non-GMO, quality hemp compliant with federal laws. We extract our hemp D-9 THC directly from the plant, so you can rest assured it’s natural. Once we have a clean and tested distillate, we formulate our products in a way that each is under the legal 0.3% Total THC by dry weight basis.
If you check the labs for the product, you will notice we calculate the total THC amount, aka Delta-9 THC + THCA, as required by federal law. Finally, our products contain less than 0.3% Delta-9 THC and are made from hemp with less than 0.3% Delta-9 THC. Meaning they are as legal as any product within the full spectrum CBD category.
How is Hemp Delta-9 THC Legal?
Now, the part we’re all interested in: How on earth is this legal?
Thanks to the Farm Bill, naturally derived hemp compounds are legal as long as they are extracted from legally compliant hemp that contains less than 0.3% THC by dry weight.
This same rule applies to the final product. Meaning, the final hemp-derived D-9 THC product must contain less than 0.3 percent D-9 THC by dry weight to be considered legal. And there lies the answer.
We’ve found a way to “squeeze” enough Delta-9 THC into a product that fulfills the legality requirements and still contains high levels of Delta-9 THC.
How, you may ask?
We used a larger gummy and a full spectrum hemp distillate extracted directly from the plant. Each gummy contains 10mg of Delta-9 THC on a dry weight basis — which may seem like a lot. But, if we do the math, it’s not.
In fact, a gummy weighs around 4.3 grams with moisture content or 4.1 grams on dry weight without moisture content.
Moisture content is a major player in dry weight potency testing. When a sample is tested for total THC concentration, it’s calculated on a dry weight basis. To get an accurate result, labs “correct” the moisture content by using several methods of drying, including oven-drying.
Moisture plays a significant role in the concentration of THC. If a product sample contains more moisture than a drier sample, the drier one will show a higher percent of THC by weight — even though both samples contain the same amount.
It’s the same as if you put equal drops of THC in a tequila glass and a 50-gallon water fish tank (without actual fish). Both contain the same amount of THC, but the substance in the fish tank is more diluted.
So, each 4.3 gram gummy weighs 4.1 grams on dry weight without moisture content (legally, dry weight is what matters).
The THC cap for each 4.1g gummy is around 12 milligrams of Delta-9 THC — and the product is still under the legal THC limit.
To get the maximum levels of THC a gummy can contain, we convert the grams into milligrams. In this case, 4.1 grams multiplied by 1,000 equals 4,100 milligrams. Then, we multiply 4,100 milligrams by 0.3% (.3% = 3mg/g), which equals 12.3 milligrams.
Meaning, in a 4g gummy, we can pack 12.5 mg of Delta-9 THC (ours are 10mg) and still have the gummy under the legal THC limit. Our gummies are truly full spectrum because they contain a higher concentration of D-9 THC, which is essential for a product to be considered full spectrum.
Is Hemp Delta-9 THC Legal in All 50 States?
Full spectrum hemp Delta-9 THC products are legal in every state where full spectrum hemp/CBD products are legal. That said, regarding their legality, states can be divided into three categories:
- Friendly states – full spectrum hemp products are entirely legal.
- Grey states – full spectrum hemp products are permitted with some restrictions.
- Illegal states – full spectrum hemp products are illegal/they only allow the sale of THC-free hemp products.
These states have fully legalized the manufacture, sale, and possession of hemp-derived full spectrum products with less than 0.3% THC. Because hemp Delta-9 THC products fall under this category, they are entirely legal in these states:
- New Jersey
- New Mexico
- North Carolina
- North Dakota
- Rhode Island
- South Carolina
- West Virginia
These states haven’t necessarily banned the manufacture and sale of full spectrum hemp products. But, they do have some restrictions that influence the type of product you can buy.
Full spectrum hemp products have not been explicitly banned in this state, but California is strict when it comes to the use of CBD in foods and beverages. The California Department of Public Health doesn’t allow CBD sale in foods and beverages until the compound is approved in these product categories by the FDA. Full spectrum marijuana products are legally sold for recreational purposes in California. Because hemp THC products contain CBD and come mainly in the form of a gummy (which is considered an edible), they may not be legal at this time in California.
The situation in Georgia is similar to California’s. The state passed HB 213 or the Georgia Hemp Farming Act, which permitted the production, processing, and sale of hemp and hemp products with less than 0.3% Delta-9 THC by dry weight. But, according to the Georgia Department of Agriculture, the sale of CBD in food, drink, or dietary supplements is prohibited.
Recently, Hawaii banned the sale of smokable hemp, hemp gummies, foods and beverages. Full spectrum hemp products are legal only if sold in the form of a tablet, capsule, powder, softgel, gelcap, or liquid form (hemp oil) and contain less than 0.3% Delta-9 THC. Meaning, you can’t buy most hemp products offered on the market if you live in Hawaii.
Minnesota doesn’t prohibit full spectrum hemp products that meet the labeling and testing requirements. Similar to California and Georgia, CBD products must meet FDA criteria — meaning hemp CBD in food or drink are prohibited. Bottom line, hemp CBD is illegal in Minnesota when infused into a product meant for consumption.
The only hemp products allowed currently in Mississippi are those that contain a twenty to one (20:1) ratio of cannabidiol and Delta-9 tetrahydrocannabinol. As of November 2020, both residents and visitors of Mississippi are not allowed to possess a CBD product with over 2.5 milligrams of THC per milliliter.
6. New Hampshire
Though New Hampshire hasn’t passed specific CBD legislation, it accepted federal standards. Therefore, hemp CBD is legal in this state as long as it contains less than 0.3% THC — but it’s prohibited in food and beverages.
7. New York
Full spectrum hemp CBD is legal in New York with restrictions. The state prohibits the sale of CBD in foods and beverages. Selling CBD vape and inhalable products to consumers below the age of 21 is also prohibited.
8. South Dakota
All hemp-derived products, including CBD oil, are illegal in South Dakota despite federal legalization of hemp. As of now, possession of CBD oil in this state is a felony.
Hemp CBD products are under strict regulation in Washington. Following California’s example, the state banned the use of hemp-derived CBD in food and beverages. Both states are following the guidelines from the FDA (Food and Drug Administration). The same goes for the use of CBD oil as a dietary supplement.
Some of these states prohibit hemp CBD products, while others still consider hemp and hemp-derived products illegal.
The growth, processing, or selling hemp or hemp-derived products is currently illegal in Alaska. The state never got to finalize and adopt the rule regarding growth, production, marketing, or sale of hemp and hemp products. Until these rules are adopted, the sale of CBD products in Alaska won’t be authorized.
Full spectrum hemp products are illegal in Idaho. In this state, you can only sell or buy hemp products with zero percentage of Delta-9 THC. Meaning, only CBD isolates and broad spectrum CBD products are allowed because they don’t contain any THC. Each product must state on the label that it’s THC-free. The only exception is patients with epilepsy and other ailments, who can buy hemp products with THC for medical purposes.
Hemp cannabidiol (CBD) products are illegal for purchase or possession in Iowa — except for patients who qualify for the state’s medical marijuana program. Five state-licensed dispensaries are selling CBD products in Iowa. However, hemp CBD shops continue to pop up in this state where people can buy federally legal CBD products.
Full spectrum hemp products are illegal in Kansas. Kansas hemp law allows citizens to purchase and possess CBD products as long as they don’t contain THC. Meaning, only CBD isolates with zero percentage of THC are legal in this state. Possession of any amount of cannabis (including products with trace amounts of THC) is a crime in Kansas.
But… They Are Intoxicating?
It all depends on your body’s tolerance, but these gummies will get you “stoned.” Regarding their legality as an intoxicating product, they are 100% legal under the 2018 Farm Bill. As mentioned, hemp and hemp extracts or “THC in hemp” are not controlled substances.
The Farm Bill excluded hemp from the list of controlled substances and broadly defines hemp (and its cannabinoids) as a plant with less than 0.3% THC.
Therefore, if a hemp-derived product doesn’t exceed the 0.3% Delta-9 THC limit, it meets the legal definition of hemp and is therefore legal under federal law.
The only thing these gummies “go against” is the intention of the federal government to legalize hemp as a non-intoxicating plant. Otherwise, any product within this category is perfectly legal.
Benefits of Full Spectrum Gummies
Delta-9 THC gummies are the “truest” full spectrum gummies you can find — and here’s why.
Full spectrum CBD or THC products are made from the entire hemp plant and include various cannabinoids beyond the main CBD and THC.
Compared to one cannabinoid product and broad spectrum CBD products (no THC), full spectrum are not only rich in every cannabinoid possible — but they also contain plenty of it.
Full spectrum products are loaded with terpenes and flavonoids. Terpenes and flavonoids are minor but important (and mighty) molecules in hemp. They give the products its flavor and aroma and offer a range of benefits, including antioxidant, anti-inflammatory, and neuroprotective properties.
Full Spectrum THC vs. Full Spectrum CBD: What’s the Difference?
Until now, full spectrum CBD products have been in the spotlight. They are still immensely beneficial because they contain the entire hemp plant profile. Whether the product you buy is full spectrum THC or CBD depends on which compound prevails.
Unlike full spectrum Delta-9 THC, full spectrum CBD products don’t have high levels of THC (Delta-9 and Delta-8).
Why is higher THC concentration in your product important?
Research shows that consuming a hemp product with the tiniest amount of THC can be far more beneficial than without it.
According to a 2019 study conducted by researchers at the University of New Mexico, THC showed the “strongest correlation with therapeutic relief” than cannabidiol (CBD).
Truth be told, that’s not news.
The scientific community has long known about the potent benefits of THC.
CBD and THC have been studied in different situations and, many times, people react better when the product has higher levels of THC in it.
Take pain as an example. Studies show that cannabinoids have shown significant promise in basic experiments on pain. In fact, experts believe that a combination of THC and CBD together shows the most promise for pain relief.
There’s also the science behind the entourage effect. This theory points out the importance of the interactions between cannabinoids and between terpenes and cannabinoids.
Research shows that cannabidiol (CBD) has the biggest influence on THC expression. A 2010 clinical trial on pain for patients with multiple sclerosis (MS) revealed that a balanced mixture of CBD and THC (full spectrum) offered significant pain-killing effects. Researchers believe that CBD can lower or intensify the effects of THC by influencing its binding activity with cannabinoid receptors in the brain.
Side Effects of THC Use
Like any psychotropic compound, THC exhibits some temporary side-effects, including:
- Increased heart rate
- Dry mouth
- Coordination problems
- Red eyes
- Slower reaction times
- Memory loss
As mentioned, when combined with CBD, the side effects of THC are less expressed. Proper dosing is vital when it comes to ingesting this compound. If you’ve ever used THC edibles, you know they hit differently than smokables. When you smoke or vape THC, this psychotropic compound is quickly absorbed through the lungs and into the bloodstream.
When you ingest it, the body breaks down this compound into its metabolite 11-hydroxy-THC, which is believed to be more potent than D-9 THC and acts on your cannabinoid receptors.
As a result, you experience a longer, more powerful high with edibles. If this is your first time consuming THC, start with half a gummy, wait about 30 minutes to an hour (or two) to feel any effects, and continue from there. The “high” you get from edibles can last up to 12 hours.
Delta-9 THC FAQ
In hemp products, Delta-9 is legal if it is present in less than 0.3% on dry weight.
If consumed at the same dose, Delta-9 is stronger. Delta-8 is half as potent as D-9 and is more sedative and mellow.
Yes, it will. Delta-9 THC is the main intoxicating compound in cannabis that activates the CB1 receptor in the brain, which causes the “high” feeling.
Hemp does have D-9 THC. Legally, hemp can contain 0.3% or less THC on a dry weight basis.
Read our legal disclaimer HERE. While we try to stay as up to date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times.