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Is Delta 9 THC Legal? A Legal Loophole Makes It Possible!

February 26, 2022
Is Delta 9 THC Legal

Table of Contents

When talking about Delta-9 THC, you have to break the cannabinoid down into two categories: the first is Delta-9 THC extracted from the marijuana plant, and the second is hemp-derived Delta-9 THC. Both THC compounds have very different legal restrictions throughout the country.

With hemp products taking over the nation in the last few years, we now have seen various THC products hit the market that originate from the hemp industry, meaning new legal loopholes are seeing the light of the day, and what used to be is no more.

If you’re curious about whether or not your state allows Delta-9 THC (tetrahydrocannabinol,) be it hemp-derived or from the marijuana plant, you’re in the right place.

This article will break down the differences between these two THCs, what it means for the consumer, and what states have legalized one or both.

Main Takeaways

  • Delta-9 THC and other hemp-derived THC products are legal on a federal level if they do not surpass 0.30% D9 total dry weight basis.
  • While Delta-9 is not the only cannabinoid in hemp plants, it is the most potent THC and is the primary psychoactive compound in hemp flower.
  • Delta-9 for recreational use is wildly popular; many turns to this compound for its purported therapeutic benefits.
  • D9 THC Gummies has grown massively in popularity for a good reason.

Well, that’s a bit of a loaded question as THC varies so heavily, and some state laws prohibit the sale and use of any Delta-9 products regardless of their source. So, first, let’s identify the differences between the two Delta-9s, and then we can get into the nitty-gritty of their respective legalities.

Hemp-Derived Delta-9 THC vs. Marijuana-Derived Delta-9 THC

It’s a common misconception that “hemp” and “marijuana” are two different species. Spoiler alert: they’re just two different names for the cannabis plant. That said, even though they’re scientifically the same (with a few minor differences), the law doesn’t see it that way. Aside from the psychoactive THC content, the sole difference between hemp and marijuana is their respective legalities.

Delta-9 THC extracted from the hemp plant (also called plant cannabis Sativa) is legal as long the THC level is below 0.3 percent, as per the 2018 Federal Farm Bill. On the flip side, marijuana (or cannabis containing more than 0.3 percent Delta-9 THC) isn’t federally legal.

State laws vary heavily in this department; some allow THC to be used both medically and recreationally, and in some states, it’s still completely illegal.

With the passing of that bill, the cannabis industry saw a slew of legal Full Spectrum hemp products containing Delta-9 THC.

Instead of just having a few milligrams of THC in the product along with the other hemp-derived cannabinoids, you can now legally purchase products that have over 10mg Delta 9 THC in them. What you could previously only get from a licensed dispensary, you can now buy locally or online, freely and legally.

You can legally have 3mg of Delta 9 THC per 1 gram, so to get 10mg, your total weight of any given product needs to be at least 3.5 grams. Say you are looking for THC gummies, the gummy minimum weight would be 3.5 grams for you to legally be able to purchase it per the 2018 farm bill “loophole”.

Brief History of Delta-9 THC As We Know It:

Delta-9 THC stands for delta-9-tetrahydrocannabinol. This cannabinoid was first identified in the marijuana plant in the early 1960s, and it’s long been recognized as the primary psychoactive ingredient in marijuana. When the United States passed the Controlled Substances Act in 1970, cannabis became classified as a Schedule I drug or a substance with no accepted medical potential and a high potential for abuse. This severely limited the amount of clinical research that could be done on THC and other cannabinoids, an issue many researchers still face today.

It wasn’t until more recently that researchers isolated hemp extract and created Delta-9 THC. But, with the passing of the 2018 Federal Farm Bill, the cannabis industry entered a new era of legal, hemp-derived THC gummies and more.

The New Delta-9 THC is Hemp-Derived

While most people are familiar with Delta-9 THC derived from the marijuana plant Cannabis sativa, the new Delta-9 is legally extracted from hemp, and it has taken the cannabis industry by storm.

The 2018 Federal Farm Bill’s passing opened the door for compliant hemp-derived Delta-9 products to hit the market. Scientists’ ability to finally isolate and extract THC from hemp allowed for the creation of THC products that can be sold all over the country as long the total amount of Delta-9 is below 0.30% on a dry weight basis in the finished goods.

Legal hemp-derived psychoactive THC gummies

A new trend is showing…, and it’s here to stay.

Legal hemp-derived psychoactive THC gummies are now available in almost every state in the U.S. Because of this, hemp-derived THC (Delta 8, Delta 10, THCv, THCp, HHC, etc.) has become one of the most sought-after cannabis products, especially THC gummies.

Historically, most of the country has had either limited or zero access to THC products, and finally, that’s all changing.

People who have wanted to explore the benefits of THC without stepping foot in a dispensary can now legally enjoy all that THC has to offer.

Buying Delta-9 THC gummies and products has gone from fantasy to reality, and we can’t wait to see what new products and developments come from the legalization of THC hemp.

What Are The Effects of Delta-9 THC Gummies?

Consuming Delta-9 THC gummies and other THC edibles can have a different effect than smoking and vaping. You’ll feel Delta-9’s effects much faster with smoking or vaping, but the effects wear off more quickly as well.

Delta-9 THC gummies take about 30 minutes and up to an hour or longer to assume their full effect. Gummies also take the body longer to process, meaning Delta 9 THC stays in your system longer, and their effects can be felt for hours.

Everyone is different, and some people find Delta-9 too potent. We suggest trying a low dose at first and waiting for a few hours to see how the THC gummies make you feel. You can always increase your dosage, but taking too much too quickly could negatively impact you.

For the results you want, play around with your dose! For example, you can start with half a gummy or even less, and doing so will help you avoid those adverse side effects or identify them before you’ve taken more than you can handle. Our current organic Delta 9 gummies come with 10-12mg of D9 per gummy, so if you take half, you get about 5-6mg, which is a good starting dose.

What Are The Benefits of Delta-9 THC?

While many people consume THC for its health benefits, others use it solely for recreational purposes. Either way, Delta 9 THC is the most potent cannabinoid found in the hemp plant. While the science and research are limited, the studies that have been conducted show promising and exciting results.

Cannabis has been shown to help with:


Other Side Effects Of Delta-9 THC:

Delta-9 THC is a tricky cannabinoid compound. On the one hand, it’s the THC we are all the most familiar with and is the reason so many recreational cannabis aficionados fell in love with cannabis to begin with. On the other hand, it’s also why so many people who have tried cannabis feel as if they aren’t the right demographic for it; it can be powerful. Its level of psychoactive potency can prove to be too much for some people, especially those seeking to use cannabis daily for its health benefits.

This is also one of the main reasons Delta 8 THC gummies especially, and even Delta 10 THC has become so popular as it’s about half as potent as Delta 9, yet you still get all the benefits of THC.

Some side effects to look out for when consuming Delta-9 THC: 

  • Dry mouth (also referred to as “cottonmouth”) and dry and/or red eyes
  • Anxiety
  • Paranoia
  • Inability to concentrate during daily tasks or work
  • Lightheadedness or a feeling of being too zoned out


If you’ve never tried any THC before, be it Delta-8 or Delta-9 or Delta-10, then we have good news for you that every cannabis user learns at some point: these side effects aren’t fatal. Sure, you might feel like something is wrong if, say, you fall into the “OMG, this gummy made me think the cops were following me, but it was just a squirrel” category, but rest assured that Delta-9 THC has not been shown to have any substantial risks.

In fact, WHO recently proposed that Delta(9)-THC be rescheduled to schedule IV of the United Nations Convention on Psychotropic Drugs, as it does not constitute a substantial risk to public health and its abuse is rare if at all.

What Other Delta-9 THC Products Can You Find On The Market?

The cannabis market is teeming with Delta-9 THC products, from vape cartridges to flower, edibles, topicals, and everything in between. One of the most popular methods of consuming Delta-9 is gummies, but if you’re curious about other products, you can find this powerful cannabinoid in the following products:


What’s The Difference Between Delta-8 and Delta-9 THC?

Although Delta-8 THC and Delta-9 are nearly identical in structure, Delta-8 THC has a double bond on the eighth carbon ring, and Delta-9 has one on the ninth. Both Delta-8 THC and Delta-9 THC interact with your endocannabinoid system and its receptors in the same way, but Delta-9 has a stronger affinity with your cannabinoid receptors, making its effects more potent than Delta-8 THC.

That said, Delta-8 does contain psychoactive properties and can definitely get you high, just not in the same way you’d experience with Delta-9.

delta 8 vs delta 9 vs delta 10

Delta-8 THC is known for offering users a milder high, with many reporting that they feel elated and calm yet focused after consuming it.

While research on Delta-8 THC is still in its early stages, there is evidence that suggests it can assist with (but is not limited to) the following concerns:

  • Inflammation
  • Nausea and vomiting
  • Focus and clarity
  • Chronic fatigue
  • Joint aches and chronic pain
  • Daily stress on the body
  • Sleep quality


Delta-9 THC is the primary active component of cannabis and can induce a variety of sensory and psychological effects, including mild reverie, euphoria, increased sensory awareness, and therapeutic benefits. Unfortunately, its potency and psychoactive effects can also exacerbate anxiety and depression, cause paranoia, and give an uneasy feeling of lightheadedness. 

So, while the two THCs are similar in structure, their effects and potency levels are pretty different.

What’s The Difference Between Delta-10 and Delta-9 THC?

Like with Delta-8 THC, Delta-10 and Delta-9 are highly similar in chemical structure. All three interact with the endocannabinoid system in the same way, with Delta-10’s double bond located on the eighth carbon ring. Delta-10 is the mildest of the THCs when it comes to potency levels. It’s far less potent than Delta-9 and even less potent than Delta-8.

While more research needs to be done on Delta-10, anecdotally, Delta-10 is known for providing energizing effects, whereas Delta-8 and Delta-9 can be more sedating, yet D9 is more of a Sativa if you compare the compound isolated.

If we put them side by side, Delta 8 THC works more as an Indica, D9 is more a potent Sativa, and D10 is a Sativa too, with less of the psychoactive effect. Delta 10 has gained increased popularity in 2021, and we are sure it will continue to rise to the top.

Some of the characteristics noted for Delta-10 THC so far are:

  • It’s roughly half as potent as Delta-9 THC
  • It can be more stimulating and nootropic
  • Promotes flow states, creativity, euphoria, and focus
  • It has fewer side effects than Delta-9 THC


For those who want to enjoy the benefits of THC without feeling couch-locked or unable to focus, Delta-10 is an excellent option.

Does Delta 9-THC Have Any Effects On Our Endocannabinoid System?

Delta-9 THC absolutely affects the endocannabinoid system (ECS); it wouldn’t be effective if it didn’t! After consumption, Delta-9 THC overwhelms the ECS and attaches to the cannabinoid receptors throughout the brain and body. The effects of THC, in general, have a pretty wide range; for some, THC slows down their reaction time or affects their short-term memory.

The ECS plays a crucial role in many of the body’s physiological functions, such as mood, sleep, immune function, and pain perception. Delta-9 interacts with the CB1 receptors located in the brain and has been known to produce effects such as excitement, mild euphoria, anxiety, perceptual or visual alterations, and restlessness.

For some, Delta-9 THC is just too potent for regular use, while for others, it’s the best thing they’ve ever gotten their hands on. Everyone is different, so always start with a low dose, wait, and see how you feel before gradually increasing the dosage.

Will Hemp-Derived Delta-9 Make Me Fail a Drug Test Too?

The short answer: Yes. Drug tests cannot differentiate between hemp-derived THC and THC derived from the marijuana plant. Furthermore, if you consume Delta-9 THC (or any THC, for that matter) regularly or in large doses, you have an even higher risk of failing a drug test.

Many factors play into how long Delta 9 THC stays in your system, such as body chemistry, metabolism, body fat content, and more. If you have an upcoming drug test, we recommend you steer clear of cannabis products containing THC for at least two weeks and longer if you consume THC frequently or in high doses.

Where to buy delta 9 gummies

Where To Buy Delta 9 Gummies?

You no longer have to head to the dispensary to buy Delta-9 THC gummies and hemp products. Instead, you can buy them online, and in doing so, you’ll be able to see if the brand’s products are even worth trying to begin with.

Reputable brands will have their third-party testing results published publicly for consumers to read (and they need to have these tests done at third-party labs!). The product should clearly what ingredients are inside and where the link to the lab report is.

Here at BioWellnessX, we offer fully organic, healthy, and clean THC gummies and other products, as well as CBD products. We use purely organic hemp, grown locally in small farms across the United States, and our products don’t contain potentially harmful chemicals or artificial flavors.

Just one look at our organic ingredients list should tell you everything you need to know about our dedication to superior quality:

  • Hemp-Derived Delta-8, 9, and 10 THC Oil Distillate
  • Pure Organic Cane Sugar
  • Organic Tapioca Syrup
  • Organic Fruit Flavors
  • Natural Flavor Extracts
  • Organic Fruit Pectin
  • Gluten-Free Gummies

While federally legal, hemp-derived Delta-9 THC (tetrahydrocannabinol) is still restricted in some states. This means you have to do your own research before buying any hemp-derived THC to ensure it’s legal for you to make your purchase. Below, we’ve compiled a list of states where hemp-derived Delta-9 THC products are currently legal, completely banned, or allowed with some restrictions.

Friendly states: Allowing full-spectrum product with a maximum of 0.30 percent hemp-derived Delta 9 THC

Grey states: You can find full-spectrum products with restrictions

Illegal/banned states: States that only allow hemp-derived products with THC-free products.

Friendly states:

  • Alabama
  • Arizona
  • Arkansas
  • Colorado
  • Connecticut
  • Delaware
  • Florida
  • Illinois
  • Indiana
  • Kentucky
  • Louisiana
  • Maine
  • Maryland
  • Massachusetts
  • Michigan
  • Missouri
  • Montana
  • Nebraska
  • Nevada
  • New Jersey
  • New Mexico
  • North Carolina
  • North Dakota
  • Ohio
  • Oklahoma
  • Oregon
  • Pennsylvania
  • Rhode Island
  • South Carolina
  • Tennessee
  • Texas
  • Utah
  • Vermont
  • Virginia
  • West Virginia
  • Wisconsin
  • Wyoming


Grey states:

  • California
  • Georgia
  • Hawaii
  • Minnesota
  • Mississippi
  • New Hampshire
  • New York
  • South Dakota
  • Washington


Illegal/banned states

  • Alaska
  • Idaho
  • Iowa
  • Kansas


This list constantly updates as each state continuously regulates its interest with THC and more. We’ll keep this list as up-to-date as we can, so make sure to come back to check if you are ever in doubt if your state is still one of the more friendly states or not.

Final Thoughts

Delta-9 THC is the best-known THC; it’s the cannabinoid that turned us into cannabis aficionados for so many of us. It packs a powerful punch and has its own long list of therapeutic and health advantages to boast.

The best part? It’s finally legal, thanks to the 2018 Federal Farm Bill. If you live in a state where hemp-derived Delta-9 THC is legal and you’ve yet to try them, you’re in for a treat.

Try our Organic Delta 9 THC Gummies Now!

If this is your first time shopping with us, make sure you sign up for your 15% OFF coupon that also gives you free shipping.

hemp-derived organic delta 9 thc gummies


LEGAL DISCLAIMER
By reading this legal information, you agree to release the author of any liability related to or arising from your use of this data. This post contains no legal advice. The legal status surrounding Delta 8 THC, Delta 9 THC & Delta 10 THC is new and constantly changing. We continuously work hard to do our best to give you the most updated information. We recommend that you always check your current state’s laws or federal hemp laws before purchasing any industrial hemp-derived products (CBD, THC). The data in this post is not intended to diagnose, treat, cure or give any medical advice. In any event, do your due diligence and always consult your health care practitioner’s advice, especially do if you are in doubt or are currently taking any prescription medications. Safer than sorry is always a great idea when consuming new products. 

Frequently Asked Questions (FAQ)
Is Delta-9 legal?

When derived from hemp, Delta-9 THC is legal on a federal level due to a loophole in the 2018 Federal Farm Bill as long as the total amount of Delta-9 is below 0.3 percent on a dry weight basis (or dry weight volume) in the finished goods. Be sure to check your state’s individual laws regarding THC before making any online purchases!

Are Delta-9 gummies legal?

As long the Delta 9 THC is extracted from hemp material, and the total THC is below 0.30%, the federal law, along with the 2018 farm bill, allows you to purchase them.

Does Delta 9 gummies get you high?

Because Delta 9 THC is the most potent and psychoactive compound of the Cannabis sativa, it can defiantly get you the feeling of being high.

Does hemp-derived Delta-9 THC get you high?

Delta-9 THC, even when derived from hemp, contains psychoactive properties. So, yes, it does get you high! If you find that Delta-9 THC is too potent for you, Delta-8 THC and Delta-10 THC are less potent options that still offer incredible therapeutic and health advantages.

Is Delta 9 THC FDA approved?

In 2016 FDA approved a new drug for Syndros. Besides that, the FDA has not approved the regular consumption of this THC compound. Now you can still enjoy it even if you live in a not-so-friendly state. So you got plenty of options.

Can I buy delta-9 online legally?

You sure can. Generally speaking, as long it stems from hemp extract material, the federal government allows this compound to be sold across the nation. The total THC is below 0.3 percent of the total dry weight volume. As long as that is the case, it’s not considered a controlled substance. Enjoy legal THC gummies whenever you want.

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