Is Hemp-Derived Delta-9 Legal in Your State? (2022 Update)

Delta-9 is the active cannabinoid in marijuana that gets you high. Delta-9 is also present in hemp. Delta 9 THC is more psychoactive than Delta 8.

The 2018 Farm Bill federally legalized hemp derived products. However, some states can restrict these types of products according to their own laws. Let’s take a closer look at Delta-9 and the states it is now prohibited.

Delta 9 THC products such as cartridges, disposables, and edibles are not allowed in the following states:​

  • Arizona
  • California
  • Colorado
  • Connecticut
  • Hawaii
  • Idaho
  • Iowa
  • Louisiana
  • Michigan
  • Minnesota
  • North Dakota
  • Oregon
  • Utah
  • Vermont
  • Washington

Is Hemp-derived Delta-9 Legal in California?

California has the most relaxed cannabis laws in the USA but AB 45 specific state laws regarding hemp products.

The law in California makes it clear that adding industrial hemp to foods, drinks, health supplements, and other consumables doesn’t make them “adulterated,” requiring companies to provide certificates of analysis (CoA) for any hemp-derived product.

The state has also banned inhalable forms of hemp delta 9 until a tax framework can be implemented. The 0.3% limit applies to all forms of THC, effectively banning the majority of delta 8 extracts on the local scene.

Is CBD legal in California?

Yes, hemp-derived CBD is legal in California under state and federal law, meaning the state permits the use, possession, sale, purchase, distribution, and production of hemp-derived CBD products.

Hemp-derived CBD was made legal in California following Senate Bill 153 in 2019, which legalized hemp, hemp production, and hemp-derived products under state law. This bill coincided with the federal Agriculture Improvement Act (Farm Bill 2018) and came into effect on January 1, 2020.

No regulatory agency controls the sale or distribution of hemp-derived CBD products, meaning anyone under the age of 18 can purchase them.


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