Where Is Delta 9 Legal?

As a result of the passage of the 2018 Farm Bill, low-THC hemp is federally legal. As an unintended result, however, Delta 9 THC is also legal as long as it is less than 0.3 percent by dry weight. However, some states have begun to enact their own laws restricting the use of the hemp-derived Delta 9. Though it is still legal across most of the country, having some clarity on Delta 9’s status in each location can help you know what to expect from state to state. 

In general, each state has adopted one of the following views on the legal status of Delta 9:

• Keeping Delta 9 legal, in line with the 2018 Farm Bill
• Restricting Delta 9
• Banning cannabinoid conversion processes
• Banning Delta 9 outright
• Disputing Delta 9’s legality

Read on to learn about where Delta 9 is legal within the US.

States Where Hemp-Derived Delta 9 Remains Legal

In 42 states, plus Puerto Rico and the District of Columbia, hemp-derived Delta 9 THC products remain legal as outlined in the Farm Bill. As long as Delta 9 is 0.3 percent THC by dry weight, the state or territory allows the sale of the product. These states and territories are:

• Alabama
• Alaska
• Arizona
• Arkansas
• Delaware
• District of Columbia
• Florida
• Georgia
• Hawaii
• Idaho
• Illinois
• Indiana
• Iowa
• Kansas
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Carolina
• Ohio
• Oklahoma
• Oregon
• Puerto Rico
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Virginia
• West Virginia
• Wisconsin
• Wyoming

Keep in mind that some of these states have laws addressing Delta 8 THC and may soon propose legislation addressing Delta 9 as well.

States That Restrict Hemp-Derived Delta 9

California is the only state that has general “restrictions” on hemp-derived Delta 9. These laws subject all THCs to testing, including hemp Delta 9. The state also places certain restrictions on the packaging of THC products.

States That Ban Cannabinoid Conversion Processes

Some states have enacted policies addressing the chemical conversion of CBD into Delta 8. By banning this process, they have effectively banned Delta 8 without restricting the substance itself. However, many hemp-derived Delta 9 products use a similar conversion process, so they are outlawed by this regulation as well. 

These states that have banned the conversion process are:

• Colorado
• North Dakota
• Washington

States That Ban Hemp-Derived Delta 9

Idaho is the only state where hemp-derived Delta 9 is subject to an outright ban. In this state, hemp products are not allowed to contain any amount of THC or its isomers. 

States Where Delta-9’s Legal Status Is Disputed

Lawmakers in some states have introduced bills to limit Delta 9. Others are attempting to curb Delta 8, but these laws may affect Delta 9 as well. States with ongoing legal disputes are:

• Kentucky
• Pennsylvania
• Vermont

Contact Us for More Information about Home Infusion Machines

To learn about how you can use LĒVO II, LĒVO C, and LĒVO Lux infusion machines to make homemade Delta 9 edibles, contact a Cannabutter Digest representative. We will be happy to answer your questions and help you understand the legalities of THC in your state.