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Is Delta-9 THC Legal?
Is Delta-9 THC Legal?
The legality of Delta-9 THC depends on how it’s made, where it comes from, and where you are located. At Hiatus, we believe in transparency, education, and empowering consumers to make informed choices. That’s why we’re laying out the facts—clearly and simply.
What Is Delta-9 THC?
Delta-9-tetrahydrocannabinol (Delta-9 THC) is the primary psychoactive compound found in cannabis. It’s responsible for the “high” people associate with marijuana. But here’s the nuance: not all Delta-9 is created or regulated equally.
Delta-9 THC can be derived from two different sources:
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Marijuana (cannabis plants with more than 0.3% THC)
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Hemp (cannabis plants with 0.3% THC or less by dry weight)
While marijuana-derived Delta-9 remains federally illegal (unless approved by a state program), hemp-derived Delta-9 THC is federally legal, thanks to the 2018 Farm Bill—as long as it complies with certain rules.
The 2018 Farm Bill and the 0.3% Rule
The Agricultural Improvement Act of 2018, commonly called the 2018 Farm Bill, legalized hemp and all of its derivatives, including cannabinoids like CBD, CBG, and yes—Delta-9 THC—provided they meet one key requirement:
The final product must contain no more than 0.3% Delta-9 THC by dry weight.
This regulation opened the door for legal, hemp-derived Delta-9 products that are carefully formulated to stay under the 0.3% threshold. For example, a 12-ounce (about 340-gram) beverage could legally contain up to 10mg of Delta-9 THC and still comply with federal law.
At Hiatus, we design every product with this legal limit in mind. Our team works with certified labs to ensure that each batch is compliant, consistent, and clearly labeled.
Is Delta-9 THC Legal in All 50 States?
No. While the 2018 Farm Bill legalized hemp-derived cannabinoids federally, states can (and do) set their own rules. Some states allow hemp-derived Delta-9 THC with minimal restrictions. Others have banned it outright or imposed limits on how it can be sold, labeled, or consumed.
As of today, hemp-derived Delta-9 is widely available, however, states like Idaho, Utah, and Oregon have passed stricter laws that either ban or severely restrict sales of hemp-derived THC products, including beverages and edibles.
We recommend checking your state’s hemp laws or speaking with a local attorney if you’re unsure. At Hiatus, we maintain a dynamic compliance policy and only ship to states where our products are fully legal.
How Hiatus Ensures Legal Compliance
We don’t take shortcuts. Every Hiatus product is crafted using hemp that complies with the federal definition under the Farm Bill. Here’s how we protect our customers and our brand:
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Verified Supply Chain: We source hemp extracts only from federally registered farms with third-party lab tests.
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Lab Testing: Each batch is tested by DEA-registered labs for potency, purity, and compliance.
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Packaging Transparency: Our labels include cannabinoid content, batch numbers, and QR codes linking to lab results.
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Age Verification: We use strict identity and age checks to prevent underage purchases.
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State-by-State Compliance: We actively monitor legal changes and restrict sales in states where Delta-9 is prohibited.
What Does "0.3% by Dry Weight" Actually Mean?
This phrase confuses a lot of consumers, and understandably so. It doesn’t refer to a flat “milligram” limit—it refers to percentage by product weight.
Here’s how it works:
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A gummy that weighs 5 grams can legally contain up to 15mg of Delta-9 THC (0.3% of 5,000mg).
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A beverage that weighs 355 grams (12 fl oz) can legally contain over 10mg of Delta-9 THC.
The higher the total weight of the product, the more THC can be included—as long as it remains under 0.3% by dry weight.
Final Word
Delta-9 THC is no longer confined to dispensaries or limited to marijuana. Thanks to federal law, hemp-derived Delta-9 is legally available in many forms—gummies, beverages, tinctures, and more—as long as it’s responsibly made and complies with the rules.
At Hiatus, we’re proud to offer federally legal, lab-tested hemp beverages that are both enjoyable and compliant. Our goal is to help you relax, recharge, and take a break from the everyday—with full confidence that you’re consuming a product that’s not just effective, but legal and safe.
Still have questions? We’re here to help. Contact us or visit our FAQ to learn more about how we make compliance a priority at every step of the journey.
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