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Is Hemp-Derived Delta-9 THC Legal?



Is Hemp-Derived Delta-9 THC Legal?

Explore and learn the nuances of the law and discover the facts today.
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You’ve likely heard of the widespread changes in cannabis laws across the US. But did you know that the shifting legalization landscape has created some peculiarities regarding Delta-9 THC and other cannabinoids derived from the cannabis plant? It’s a crazy change, and sometimes the legalities can be quite confusing.

Firstly, let’s address a common misconception: marijuana and hemp. While often spoken about as entirely different entities, marijuana and hemp originate from the same plant: Cannabis sativa. The distinguishing factor? It’s all about the THC levels.

To put it simply, hemp is cultivated from the Cannabis sativa plant to have low levels of THC. On the other hand, marijuana, also from the Cannabis sativa plant, is cultivated to have high THC concentrations. The terms “hemp” and “marijuana” aren’t about different species but rather the amount of THC present in the Cannabis sativa plant. It seems a bit odd, doesn’t it?

So, as the boundaries of US cannabis prohibition begin to crumble, where does that leave the legality of hemp-derived Delta-9 THC? Keep reading, and let’s explore this fascinating topic together.

Hemp Vs Marijuana: Something Interesting You Should Know

The words “hemp” and “marijuana” are often thrown around in cannabis discussions, but these distinctions become somewhat trivial regarding THC extraction for beverages.

Imagine you’re purchasing orange juice. Whether they extract a large amount of juice from a single orange or a smaller amount doesn’t really matter to you. In the end, it’s about quality, as well as the final quantity of juice you obtain. Similarly, with THC and other cannabinoids intended for drinks, the origin – from “hemp” or “marijuana” – doesn’t make a significant difference.

Of course, if you enjoy smoking cannabis, you might opt for a stronger strain to achieve the desired effect without consuming as much. This could be more beneficial for the lungs. However, regarding beverages, the nuances between “hemp” and “marijuana” are less pronounced. 

What is Hemp-Derived Delta-9 THC?

Delta-9 THC is notably the primary psychoactive component in Cannabis sativa plants. It’s present in both marijuana and hemp variants. The term “marijuana” is somewhat outdated but is still used to describe a cannabis plant with high levels of THC. 

On the other hand, “hemp” refers to cannabis plants with lower THC content, specifically no more than 0.3% THC, as determined by the U.S. Department of Agriculture (USDA).

It’s crucial to understand that irrespective of whether it’s sourced from a low-THC or high-THC cannabis plant, delta-9 THC is consistently the same compound. Similarly, “hemp” and “marijuana” both describe the same Cannabis sativa plant. 

The distinctions between hemp and marijuana can be similar to having different names for small and big oranges based on the amount of juice they produce. In essence, “hemp-derived delta-9” simply means THC that has been extracted from hemp plants.

A significant point to note is that due to its origin, hemp-derived delta-9 THC is federally legal in the U.S. Consequently, it is accessible in almost every state.

States Legality of Hemp-Derived Delta-9 THC

Nearly every state allows hemp-derived delta-9 THC due to the 2018 Farm Bill. However, Idaho is the only state explicitly banning all hemp products containing THC. For more insights, here are all the states with descriptions regarding their legality of Hemp-Derived Delta-9 THC:


Hemp-derived delta-9 THC is legal in Alabama. The state adopted the Farm Bill’s definition of hemp. Therefore, without other laws, SB 225 legalizes hemp delta-9 THC in Alabama.


Alaska legalized industrial hemp using the Farm Bill’s definition through SB 6. The bill clarified that adding industrial hemp to food does not create an “adulterated” product. However, other THC variants like delta-8, delta-10, and THC-O are considered controlled substances.


Arizona’s SB 1098 legalized industrial hemp based on the Farm Bill’s terminology. The state also restricts its sales to those 21 and older. However, delta-8 and other THC variants (barring the specific exemption for delta-9) are deemed Schedule I controlled substances.


Arkansas recognized industrial hemp as legal in 2017. However, the latest bill, HB 1640, describes hemp as a cannabis plant with less than 0.3% THC by dry weight. While this doesn’t directly mention delta-9, most delta-8 products would still be illegal.


Hemp delta-9 is legally recognized in California. However, the AB 45 bill clarified several state laws related to hemp products, such as requiring a COA for products sold and impositioning the 0.3% THC by dry weight limit to all THC, effectively sidelining most delta-8 products available.

Looking for some quality hemp infused drinks to relax with your friends? Check out Our wide selections of California Drinks today!


With the passage of SB 19-220 in 2019, Colorado legalized hemp. This legislation included any cannabinoid in hemp as long as the delta-9 remained within the Farm Bill limit. Yet, in May 2021, a clarification made most hemp delta-8 and hemp delta-9 products technically illegal.


Connecticut’s SB 893 legalized industrial hemp, mirroring the Farm Bill. However, SB 1201 updated the THC definition to include all variants, restricting other THC products until they can be integrated into the state’s recreational marijuana law.


Delaware’s legal framework defines hemp in line with the Farm Bill, allowing hemp delta-9 products. However, delta-8 remains illegal because the state’s Uniform Controlled Substances Act encompasses all THC types.


Florida’s HB 333, passed in 2019, defines industrial hemp according to the Farm Bill, legalizing hemp delta-9.


Georgia’s HB 213 in 2019 legalized industrial hemp per the Farm Bill’s standards. Without additional specifications, hemp delta-9 and delta-8 remain legal.


In 2020, Hawaii’s HB 2689 legalized hemp and its derivatives in alignment with the Farm Bill.


Idaho stands as one of the states with the strictest hemp regulations. The Idaho Uniform Controlled Substances Act makes products with THC or its isomers illegal. This prohibition extends to hemp delta-9, delta-8, and CBD products.


The Industrial Hemp Act was signed into law in 2018 in Illinois, which legalized industrial hemp using the Farm Bill’s delta-9 THC recommendations. Thus, hemp delta-9 is permissible in the state.

Related: Our Illinoi Drinks


As defined in Indiana law, hemp aligns with the Farm Bill, making products with less than 0.3% delta-9 THC concentration by dry weight legal.


Iowa’s legal framework mirrors the Farm Bill, rendering hemp delta-9 legal. However, delta-8 remains illegal due to the state’s broad definition of tetrahydrocannabinol in its Controlled Substances Act.


Kansas’s SB 263 recognizes industrial hemp as described in the Farm Bill. Consequently, hemp delta-9 and other THC derivatives are legal at the time of writing.


Hemp delta-9 is permitted in Kentucky, as the state adopts the Farm Bill’s hemp definition. However, efforts to restrict delta-8 and other hemp-derived intoxicating products have surfaced, though they were blocked for now.


Louisiana’s HB 491 legalized industrial hemp consistent with the Farm Bill’s constraints, ensuring hemp-derived delta-9 remains legal if it adheres to the 0.3% by dry weight limit.


Maine’s LD 630 acknowledges industrial hemp using the Farm Bill’s definition, thus legalizing hemp-derived delta-9.


Maryland’s HB 698 aligns with the Farm Bill, allowing hemp delta-9 in the state.


H4001 in Massachusetts legalizes industrial hemp, which follows the Farm Bill’s definitions, rendering hemp delta-9 legal.


Michigan’s HB 4744 officially recognized industrial hemp using the Farm Bill’s definitions. Still, another bill deemed delta-8 illegal, emphasizing the need for continuous legal vigilance.


Minnesota’s Industrial Hemp Development Act describes industrial hemp similarly to the Farm Bill, granting legality to hemp delta-9.


Mississippi’s SB 2725 legalizes industrial hemp in tandem with the Farm Bill’s definition, which means that hemp delta-9 is lawful.


Missouri’s HB 2034 gives the nod to the Farm Bill’s definition of hemp, recognizing hemp delta-9 as legal.


Hemp delta-9 is permitted in Montana under the state’s Farm Bill-aligned laws.


Nebraska’s LB 657, which mirrors the Farm Bill’s hemp definition, legalizes hemp delta-9.


In Nevada, SB 209 legalized hemp, recognizing delta-9, but with the recent passage of AB 456, the legality of delta-8 remains uncertain.

New Hampshire

New Hampshire’s HB 459 endorses the Farm Bill’s hemp definition, rendering hemp delta-9 lawful.

New Jersey

Hemp delta-9 is legal in New Jersey as the state’s SB 3145 adheres to the Farm Bill’s guidelines.

New Mexico

HB 581 in New Mexico legalized hemp as described in the Farm Bill, making hemp delta-9 legal.

New York

Although New York legalized hemp per the Farm Bill, regulations restrict delta-8 and other hemp-derived THC, leaving only hemp delta-9 permissible.

North Carolina

Hemp delta-9 remains legal in North Carolina following the state’s adoption of the Farm Bill’s hemp definition.

North Dakota

Hemp delta-9 is legalized in North Dakota under the state’s legislation, which aligns with the Farm Bill.


Based on the Farm Bill’s definitions, SB 57 legalizes hemp, including delta-9, in Ohio.


Following the Farm Bill, Oklahoma’s Industrial Hemp Program legalizes hemp delta-9.


Oregon’s HB 3000 recognizes hemp as described in the Farm Bill, but new guidelines may affect delta-8 THC’s status in the state.


Hemp delta-9 remains legal in Pennsylvania as the state aligns with the Farm Bill’s definitions.

Rhode Island

In Rhode Island, HB 8232 legalized hemp, which includes delta-9, in agreement with the Farm Bill.

South Carolina

South Carolina’s HB 3559 legalizes hemp, encompassing delta-9, consistent with the Farm Bill.

South Dakota

In South Dakota, HB 1008 aligns with the Farm Bill, rendering hemp delta-9 lawful.


Tennessee’s Public Chapter 916 recognizes hemp as defined in the Farm Bill, ensuring hemp delta-9 remains legal.


Hemp delta-9 is permitted in Texas as HB 1325 follows the Farm Bill’s hemp definition. However, the state’s Department of State Health Services recently declared delta-8 a controlled substance.


Hemp delta-9 is legally acknowledged in Utah under the state’s Farm Bill-aligned laws.


The state’s hemp rules in Vermont conform to the Farm Bill, recognizing hemp delta-9 as legal.


Hemp delta-9 is legalized in Virginia following the state’s adoption of the Farm Bill’s definitions.


While Washington’s SB 5276 recognizes hemp based on the Farm Bill, a ban on delta-8 and possibly other THC variants has been imposed.

West Virginia

West Virginia’s HB 2694 recognizes hemp as described in the Farm Bill, thus allowing hemp delta-9.


In Wisconsin, 94.55 mirrors the Farm Bill’s hemp definition, ensuring hemp delta-9 remains legal.

Where to Get Some Refreshing Cannabis Drinks?

Cannabis-infused drinks are surging in popularity, and CQ offers a range of delightful options for those on the lookout. Our line-up features flavors that appeal to the taste buds and ensure an accurate THC dosage with every sip

So what are you waiting for? Let’s explore some juicy flavors: 

Old-Fashioned Lemonade Shot

Are you looking for a daytime pick-me-up? The Old-Fashioned Lemonade Shot Sativa may be just what you need.

Boasting a THC content of 100mg, each bottle can make up to 20 drinks. Just a capful gives you a dose of 5mg THC. This drink captures the essence of a classic lemonade with real lemons and cane sugar. 

It contains cold-pressed lemon oil, rich in terpenes like limonene, pinene, and terpinene. And to ensure you get just the right amount every time, there’s a dosing window on the bottle’s side. 

Strawberry Lemonade Shot

For those who prefer a blend of sweet and tangy, the Strawberry Lemonade Shot Shot Hybrid is the go-to choice. With a THC content of 100mg, one bottle can quench your thirst up to 20 times. A capful ensures you get a 5mg THC dose

This flavor, infused with organic fruit juice, effortlessly melds sweet strawberries with tangy lemonade. Just like the old-fashioned lemonade, there’s a dosing window for accurate measurements. 

Ginger Ale

CQ’s Ginger Ale  is a must-try for those who appreciate the classics. This beverage offers 5mg THC per 12 oz can. Its dry style is reminiscent of traditional sodas, with a mild ginger bite complemented by creamy caramel undertones. 

And if you’re worried about caffeine, rest easy – it’s caffeine-free. It’s also sweetened with cane sugar and is both vegan and gluten-free.

Tropical Mango Agua Fresca Shot With CBD

The Tropical Mango Agua Fresca Shot With CBD For Relief is the perfect antidote for unwinding after a long workday. 

Each bottle contains a balanced blend of 50mg THC and 50mg CBD. A single capful delivers a dose of 2.5mg THC and 2.5mg CBD

It’s made with natural fruit and sweetened with cane sugar. This drink ensures accurate dosing with the help of the window on its 2 oz travel-size bottle. 

Final Thoughts on The Legality of Hemp-Derived Delta-9

It’s vital to recognize that hemp is a legal term for cannabis with low THC content. While scientifically accurate, it’s a designation that might seem arbitrary or confusing to the general public.

The ongoing challenges arise because, for many, differentiating between “hemp” and “marijuana” feels like splitting hairs. As far as the general public goes, we’re not sure if there’s going to be a fast way to get people clear on the artificial distinctions between “hemp” and “marijuana.”

This is especially true when the law attempts to differentiate based on the origin of a single molecule. It becomes even more perplexing when we consider that this differentiation is made based on the potency of the plant from which the molecule originates. While legally significant, such nuances can feel like abstractions to the average person.

Given this landscape, we advise staying informed, exercising due diligence, and ensuring any products you use or consume comply with local laws. And if the complexity of the law overwhelms you, take a moment to relax and indulge responsibly. 

CQ offers an exceptional range for those interested in exploring the world of cannabis-infused drinks. Feel free to contact us for more information about delivery and ordering our premium cannabis-infused beverages.

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