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Is Delta 9 Legal

judge gavel and hemp plantsPerhaps you’ve just heard of CBD, or cannabidiol, for the first time and are a little confused about some newer terms - like Delta 9.

After all, CBD was just legalized, but what about THC? Are THC and Delta 9 the same thing?

And, most importantly, is Delta 9 legal?

While we know CBD was legalized in 2018, thanks to The Farm Bill Act, we’ll need to take a deeper dive, by state, to see if delta 9 is legal in your area.

But, before we get into legality, let’s look at precisely what delta 9 is and how it affects your body.

What Is Delta 9?

Delta-9 is a form of THC (tetrahydrocannabinol). Like CBD, THC is one of over 100 cannabinoids in the cannabis plant. All cannabinoids provide different characteristics and offer unique benefits.

CBD, for example, is known to help with epilepsy, while THC is famous for its psychedelic properties. When we think of THC, we often refer to delta-9 THC. Besides its psychedelic properties, delta-9 THC is characterized in the following ways:

  • Increases hunger
  • Enhances creativity
  • Provides insight
  • Some short-term memory loss
  • It may cause anxiety in some.
  • It gives some the “giggles.”

Is Delta 9 Federally Legal?

Yes, as long as it’s sourced from hemp and contains less than 0.3% THC. THC is sourced from two varieties of cannabis - hemp and marijuana. Before 2018, there was no distinction between marijuana and hemp, which is the low-THC variety of cannabis.

Since 2018, however, the Federal Government has recognized these two cannabis strains by their THC content. Because hemp is low in THC, it’s now considered legal, while marijuana is still considered a controlled substance.

Where Is Delta 9 Illegal?

Here’s where it may get a little confusing. Remember, hemp and marijuana are two different varieties of the same plant - cannabis Sativa. If you are ingesting or buying delta 9 THC from a marijuana-sourced plant, it’s illegal. According to the DEA, marijuana is illegal. 

If, however, you’re getting you’re delta-9 from a hemp-based source, it’s federally legal as long as it contains less than 0.3% THC. In addition, you can federal buy and use other THC strains, like delta 8 and delta 10 THC, as long as they’re sourced from hemp-based CBD.

States Where Delta-9 THC is Legal

Federally speaking, delta-9 THC is legal as long as it’s sourced from hemp. States, however, enact their own laws that sometimes counter federal laws. Currently, 42 of the United States are on the same page as the federal government, along with Puerto Rico and Washington, D.C.

Are Delta 9 Gummies Legal?

Yes, as long as you abide by the laws in the state you reside in, and when traveling, be certain to know the laws of the destination you are going to.

Here’s a list of states where hemp-based delta 9 legal states:

  • Alabama
  • Alaska
  • Arizona
  • Arkansas
  • Delaware
  • 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
  • Rhode Island
  • South Carolina
  • South Dakota
  • Tennessee
  • Texas
  • Utah
  • Virginia
  • West Virginia
  • Wisconsin
  • Wyoming

States Where Delta-9 Is Banned or Restricted

Cannabis laws are changing rapidly. Currently, some states allow the use of delta-9 but ban the conversion process of delta-9 into delta-8 THC. Other states, like California, place restrictions on how it’s packaged. 

Here’s a list of states where delta-9 is either banned or restricted:

  • California 
  • Colorado 
  • Idaho (banned)
  • Kentucky
  • North Dakota
  • Pennsylvania
  • Vermont
  • Washington

How Do I Know If My Delta 9 Is Sourced From Hemp?

If you’re buying a CBD-based delta 9, there’s a good chance it’s sourced from hemp. However, looking at the company’s lab report is the only way to be 100% sure. Lab reports tell you exactly where the THC was sourced and how much THC content is in the batch.

Will Delta 9 Show Up On My Drug Test?

It depends, but delta-9 THC will generally appear on a drug test. Urine tests will show signs of THC up to about 30 days after the last use. Saliva tests typically take about 72 hours to clear THC, while blood tests generally show THC 36 hours after the previous use.

Can I Overdose on Delta 9?

So far, there’s no know “lethal’ form of Delta-9 THC. The Food and Drug Administration recently issued a warning about Delta-8 THC products. It strongly urged consumers to keep it away from pets and children.

Although you’re not likely to “overdose” from delta-9, you may have some unpleasant side effects, including the following:

  • Dry eyes
  • Increased paranoia
  • Anxiety
  • Increased heart rate
  • High blood pressure
  • Insomnia

How Does Delta 9 THC Work?

Delta 9 is one of over 100 cannabinoids found in cannabis. Like all cannabinoids, such as CBD, CBN, and CBG, delta-9 works with your ECS to provide therapeutic relief. The ECS, or Endocannabinoid System, is a complex physiological system responsible for regulating the most mind and bodily functions.

Once ingested, cannabinoids send signals to your brain and body through CB1 and CB2 receptors, known as cannabinoid receptors. Delta-9 characteristics include the following:

  • Feeling comfortable
  • Laughing
  • Hungry
  • Clear thinking
  • Altered perceptions
  • Heightened senses

How To Best Travel With THC

Winding up in jail is bad enough here in the U.S, let alone in a foreign country. To safeguard against arrest, follow your state’s guidelines regarding THC laws. If traveling in the U.S., make sure you’re only buying hemp-based delta 9 products.

If you’re traveling abroad, you may consider waiting to land before you buy THC-based products. Every country has its own laws, so make sure and check out local regulations before boarding back on your flight.

Final Word: Delta-9 Legalities

Not all delta-9 THC is the same. Federally speaking, delta-9 is legal as long as it’s sourced from hemp. While you don’t need a prescription unless you’re in a handful of states, delta-9 is only sold to those over 21 years of age.

Additionally, other delta THC products, like delta-8 and delta-10, are federally legal - as long as their sourced from hemp. Consider checking your company’s website for lab reports, as the industry is still not well-regulated. This way, you have the best bet of buying a reputable product that won’t get you arrested or fail a drug test.

 *The Food and Drug Administration has not evaluated or approved these statements. They are not intended to diagnose, treat, cure or prevent any illness. Any medical advice should be taken from a medical professional.

All of the articles on this site are written by 3rd party content providers, expert bloggers, or doctors not directly affiliated with EHDelta.

Individuals should learn the risks and side effects before taking any Delta products. Make sure to always check with a medical professional before starting any new Delta treatment or medication that is not FDA-approved.

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