There were numerous unforeseen repercussions of the 2018 Farm Bill.
Although low-THC hemp was effectively approved at the federal level, the definition of hemp’s broad term allowed for the sneaky entry of many other goods. Recently, delta-8 THC was the most noteworthy effect. Because the Farm Bill only set a maximum delta-9 concentration, you could sell delta-8 THC at any concentration as long as you kept the delta-9 under control.
States have begun to close this loophole, but another has already appeared: since delta-9 is legal to sell as long as it contains less than 0.3% of dry weight, what’s to stop businesses from producing a product with a weight that would still permit a significant amount of THC despite this restriction?
Well, there is no solution unless states take action. Delta-8 has demonstrated, however, that states aren’t precisely averse to clarifying or amending the law when it’s necessary. Has hemp delta-9 experienced that?
Which states still allow it?
The good news is that “most areas” is the correct response, but the bad news is that it’s not legal in every state and that number will undoubtedly decline over the course of the upcoming year.
Hemp Delta-9 Legal Status by State
The 2018 Farm Bill serves as the standard legislation, which most states just copy and paste into their own state laws, but other states have chosen to go in a different direction.
In general, hemp delta-9 laws can be categorized as either maintaining it lawful, limiting it through regulation, or outright prohibiting it.
Although they are nominally “restrictions,” certain laws essentially outlaw a significant number of products; we’ll discuss these in a different area. Additionally, several states are actively enacting laws.
States Where it’s Legal To Use Hemp Delta-9
Products containing delta-9 THC generated from hemp are allowed in 42 states, plus Puerto Rico and Washington, D.C. These states largely follow the Farm Bill when it comes to delta-9 and do not currently have any significant legal challenges pending. This implies that it can only be 0.3% delta-9 by dry weight at most. However, several of them already have laws that handle delta-8 THC in particular, and these states in particular may soon pass laws that address hemp delta-9.
States with Restrictions on Hemp Delta-9
Several other states have included various THCs in the 0.3% Farm Bill limit, but at the moment these laws do not restrict hemp delta-9. California is the only state with general “restrictions” on hemp delta-9. California’s limits include testing procedures, a total THC limit, and limitations on items like packaging.
States That Prohibit Cannabinoid Conversions (Most Hemp Delta-9 Would Be Illegal)
While few states have laws specifically targeting hemp delta-9 (apart from restating the Farm Bill’s cap), many states are experiencing extra effects from the movement to gain control over delta-8.
Some states have chosen to outlaw this procedure rather than delta-8 precisely because delta-8 goods are typically created by chemically turning CBD into delta-8, like DeltaEffex does.
Our study of the market for hemp delta-9 products, however, revealed that nearly two-thirds of hemp delta-9 products use remarkably comparable conversions that are likewise prohibited by laws like these.
These are the states:
States that forbid the use of hemp delta-9
The only state that specifically forbids hemp delta-9 is Idaho. This is so that it is apparent from the state’s Uniform Controlled Substances Act that hemp products cannot include any amount of THC or its isomers. This fully eliminates delta-8, delta-9, and any other forms of THC and kills a large portion of the CBD market.
States where Delta-9 is in controversy but is still legal
Some states have made clear indications that the legality of hemp delta-9 is in question, typically by initiating legislation meant to restrict it or legislation intended for delta-8 that would also have an impact on delta-9. It depends on particular interpretations of what constitutes a “synthetic” cannabis in Vermont.