The legality of delta 9-tetrahydrocannabinol (THC), particularly when derived from hemp, is dictated by both federal legislation and evolving state laws. Understanding why hemp-derived delta-9 THC is legal, while other forms of THC may not be, requires a deep dive into the regulatory landscape that governs cannabinoids in the United States.
Federal legislation: The 2018 Farm Bill
The pivotal piece of legislation that has defined the current legal status of hemp-derived Delta 9 THC is the 2018 Agricultural Improvement Act, commonly known as the Farm Bill. This bill federally legalized hemp and all its derivatives by removing hemp from the Controlled Substances Act, provided that the final products contain no more than 0.3% Delta 9 THC on a dry weight basis.
- Definition of hemp: The Farm Bill defines hemp as any part of the Cannabis sativa plant, including seeds, extracts, and cannabinoids, containing less than 0.3% Delta 9 THC. This is a legal definition, as hemp plants and cannabis plants are nearly identical on a biological level.
- Regulation and oversight: While the Farm Bill descheduled hemp at the federal level, it also established that hemp production and sale must comply with federal regulations and be overseen by state or tribal governments. Individual states also have the power to regulate hemp sales and cannabinoid products derived from it.
State regulations
Although hemp-derived delta-9 THC is legal federally, states have the autonomy to regulate or prohibit hemp products more stringently:
- State Compliance: Each state can draft its regulations concerning hemp-derived products, which can include stricter control over the distribution and sale of Delta 9 THC products. Some states have already passed legislation to prohibit sales and manufacturing of hemp-derived cannabinoid products. Others may require a state-issued license to grow or process hemp. As a result, the legality of hemp-derived Delta 9 THC can vary significantly from one state to another, with some states fully embracing hemp products and others imposing restrictions or outright bans.
Legal status vs. cannabis-derived THC
It’s crucial to differentiate between hemp-derived delta-9 THC and cannabis-derived THC:
- Cannabis-derived THC: Despite the Department of Justice, DEA, and Biden administration moving to reschedule cannabis to a schedule III substance earlier this year, weed is still a schedule I controlled substance under federal law. Cannabis-derived THC, therefore, is illegal federally, although many states have legalized it for medical or recreational use.
- Hemp-derived THC: Legally distinct due to its source and the THC concentration not exceeding 0.3%, making it federally legal and regulated differently than marijuana. Hemp-derived THC does not require the same licenses and product testing to be sold to consumers, but states can still limit or ban its sale.
The importance of compliance and testing
For producers and consumers alike, compliance with the legal threshold of 0.3% delta-9 THC is critical:
- Testing and Certification: Regular lab testing to verify THC levels in hemp is essential for legality. Products must be certified to contain less than 0.3% THC to qualify as legal hemp-derived products by a DEA-certified or approved third-party lab. However, testing requirements by law do not extend to contaminants like mold, pesticides, pests, or heavy metals despite their toxicity to humans and animals.
- Labeling and transparency: Accurate labeling reflecting the THC content is crucial to maintain trust and legal compliance. Do not purchase hemp-derived products that cannot provide accurate and up-to-date testing information for each of their products.
Conclusion
The legality of hemp-derived delta-9 THC lies on its alignment with federal standards set by the 2018 Farm Bill. While it offers an accessible avenue for consumers to experience the benefits of THC legally in states or areas without medical or adult-use cannabis industries, navigating the legal landscape requires awareness of both federal and state regulations. Understanding these nuances helps consumers and businesses ensure that their use and distribution of hemp-derived THC are within legal bounds and safe for consumption.