What is Hemp Delta-9 THC and is it Really Legal?

With legislation catching up with delta-8, the hemp industry is turning to the next big thing: , but from hemp. Here’s what you need to know.

Delta-8 THC gave us an example of how the 2018 Farm Bill (unintentionally) leaves us a lot of ways to get high in a way that’s federally . While states are individually closing that particular loophole, another has already opened up in the form of hemp delta-9 THC. This is ordinary THC, except it’s produced from hemp. This means it’s not illegal at the federal level, as long as it’s less than 0.3% THC. But just like you can get just as drunk on light beers as you would on whisky – if you drink enough of them – a limitation on the concentration doesn’t stop people from getting high. Welcome to the world of hemp delta-9.

Summary

• Hemp delta-9 is just like regular delta-9, except it comes from plants that contain less than 0.3% of it on a dry weight basis.
• Because it’s an identical chemical, it will get you high like any other delta-9 THC.
• Hemp delta-9 is legal under the 2018 Farm Bill, provided it meets the concentration requirement.
• The FDA can step in when either hemp delta-9 or are used in food, under the Federal Food Drug & Cosmetics Act.
• The concentration requirement is on a “dry weight” basis, meaning you have to subtract the water weight of the product (or plant material) before you calculate.
• Hemp delta-9 will show up on a drug test if you have enough of it to really feel the effect.
• In it’s likely that the “loophole” in the law will close, whether through states taking action (as with delta-8) or clarification at the federal level.

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What is Hemp Delta-9 THC?

The 2018 Farm Bill legalized hemp at the federal level. This wasn’t blanket legalization though: it came with the proviso that it’s only legal if it contains 0.3% or less delta-9 THC by dry weight. This is the main psychoactive component of cannabis, so it makes sense that this is the part that would be limited. However, there is still delta-9 THC in hemp, and for some purposes it can be called hemp delta-9.

The 0.3% limit is the key to the whole issue – and why you would call it hemp delta-9 in the first place. Imagine you have a 6 g (dry) product. This can have up to 18 mg of THC and still fall within the legal limit. This level of THC is in line with most standard edible dosages – it’s fairly strong if anything. The point is that you could legitimately use it – and sell it – for the purposes of using THC. It would be federally illegal if it was ordinary cannabis, but as a less-than-0.3% component of hemp, the Farm Bill permits it.

In short, labeling it “hemp delta-9” is a way to signal that this is legal delta-9, not the “illegal” type.