Is Delta 9 THC Legal?

Delta 9 THC is easily the most controversial cannabinoid found in the cannabis plant. Years of propaganda and vilification have muddied our perspective of this cannabinoid. 

Before we begin discussing the legality of this intriguing cannabinoid, it is important to talk about what is Delta 9 THC? Delta 9 is one of the hundreds of cannabinoids in the cannabis plant. It is the key cannabinoid that produces the “high” or psychotropic effect when you use the cannabis plant. 

Note: It is important to note the distinction between hemp and marijuana. Hemp is a variety of cannabis that contains very low levels of Delta 9 THC. Cannabis contains much higher levels of Delta 9.

Despite the changing attitudes and new, relaxed laws, a lot of people are still hesitant to try cannabis products. For some, this comes down to uncertainty about the legality of Delta 9, and for others, it’s a question of overcoming old stereotypes that have shaped their mindset. In this post, we’ll tell you a bit about the history of cannabis in the US, as well as its legality and more.

A Brief History of Cannabis

Humans have used cannabis for thousands of years, and Delta 9 THC is central to our love for this plant. In pre-colonial and early post-colonial U.S., cannabis—both hemp and cannabis—was widely cultivated and used. However, in the 1900s, popular attitudes toward the plant started to change, spurred by ungrounded fears about its psychotropic effects. This culminated in laws banning the possession, use, and sale of cannabis and cannabis-derived products.

This was the status quo until 2012 when Colorado became the first state in the country to legalize the recreational use of cannabis. Many other states followed suit. And, although not all states in the country have legalized the use of this plant, it is safe to say we are heading in that direction. 

Is Delta 9 Legal in the US?

Let’s make this clear off the jump—on the federal level, there’s no law legalizing the sale, use, or possession of cannabis products. So, if you’re wondering is Delta 9 legal? The answer depends on the state you’re in. Currently, 19 states and the District of Columbia have legalized the recreational use of cannabis among adults. Nearly 40 states have legalized the use of cannabis for medical purposes. 

2018 Farm Bill

The 2018 Farm Bill legalized the possession, use, and sale of hemp and hemp-derived products. While hemp generally contains low levels of Delta 9, the caveat is that these hemp products must contain 0.3% or less of Delta 9 THC on a dry weight basis.

Now, you may be wondering how come when you google ‘buy Delta 9 near me?’ you’ll find a lot of products to choose from, although Delta 9 may not be legal in your state. The answer to this is hemp-derived Delta 9. The legal stipulation that hemp products are legal provided they are made from plants that contain less than 0.3% THC on a dry weight basis creates a legal loophole. Many manufacturers are able to create Delta 9 products using extracts from hemp products without flouting the law.

To be clear, such products are in the gray area of the law. They’re technically not illegal and they comply with the current regulations. With that said, we recommend that you opt for only premium Delta 9 products like those you’ll find in the Modus store that test for purity and be sure to keep tabs on the latest regulations as they can change fast!

Zachary Walls

Born and raised in Northern California to a family with generations of cannabis knowledge. In addition to being a cannabis connoisseur himself, Zach is an owner/operator at a popular barbershop in the East Bay. In his spare time, Zach creates music and has worked with many influential bay area hip-hop and r&b artists. Follow on Instagram.