Are Delta-9THC Products Federally Legal?

Legal Delta-9THC?

The legal hemp industry is always changing and is driven by innovation that keeps companies in this space ahead. When you work in this space, you quickly realize that every day is going to be different and what you do today has the potential to not to be effective tomorrow. A great example of this industry volatility can be seen in the Delta-8THC market. This hemp-derived cannabinoid was introduced to the market in early 2021. It was an innovate and legal means to get ‘high’ because it stayed within the Federal Governments legal parameters.

Now fast-forward several months and we find that 19 states in the US have either banned or restricted Delta-8THC products. This short-term shift in the legal system is a prime example of why it is important for companies in the Hemp Industry to stay ahead.

In recent months, the Hemp Industry is now shifting to another opportunity within the legal parameters of the 2018 Farm Bill. The potentially legal Delta-9THC product market.

How is this Possible?

The ‘Farm Bill of 2018’ allows for all hemp-derived compounds to be legally produced and sold so long as they stay within the legal 0.30% THC guidelines. This means that if the Delta-9THC is under that % amount and is derived from the hemp plant, it should theoretically be considered legal under Federal law. Numerous hemp companies are beginning to explore this untapped market based on a single factor: weight.

Here is an example of the theoretical logic: Let’s say you have an edible gummy that weighs significantly more than the hemp-derived 0.3%THC dry weight. If the math works out that your product weighs more than the legal threshold when you crunch the numbers, then theoretically you are legally compliant under Federal law.

Now it should be noted that this loophole rests in a grey area of the law and some believe it could potentially break the ‘spirit’ of the law but not the ‘letter’ of the law.

You may be asking yourself “What are you talking about? What is the ‘spirit’ and ‘letter’ of the law?”.

The ‘spirit’of the law is the intent of those who wrote the law.

The ‘letter’ of the law is the literal interpretation of the words written.

You can see where I am going with this logic.

Future Outlook

For now, numerous hemp companies are taking advantage of this innovate move but no one knows how long it could last or its true legality. As I said before, the nature of the Hemp Industry is to stay ahead and continue to innovate. These innovations are all building up with the effort to legally open other like industry, such as Cannabis, on a federal level one day.

What’s Next?

Now that you have learned more about the loopholes hemp companies are exploiting, feel free to discover more from our weekly blog posts! Our website is full of educational material to help you stay up-to-date and become a successful home grower. Simply click on our Blog tab below and learn more about this ever-changing industry.


Leave a Comment

Your email address will not be published. Required fields are marked *