Is delta 9 legal? This question seems to be popping up in every state across the country, and rightfully so.
With so many restrictions, legalities, and on-going information, what is delta 9 and is it legal? More specifically, is delta 9 legal in Virginia? Without getting too much in the “weeds,” the short answer is yes.
But it can get a little more complicated than that.
Let’s dive in and find out just exactly what that means.
Key Takeaways
- Delta 9 THC is legal at the federal level, but all states can make their own laws.
- Delta 9 is legal in Virginia.
- Delta 9 is readily available to purchase online and in-stores, just like many states in the country.
Is Delta 9 THC Legal?
The answer is simple: yes! All those products you see online and in stores are considered legal in just about every state. But why, how many mg of delta 9 is legal?
Thanks to the 2018 Farm Bill, all hemp-derived products (like CBD oil and these Delta 9 gummies) are considered legal at the national level.
Since these products source their delta 9 directly from hemp plants, they’re considered federally legal.
Hemp, sometimes referred to as “industrial hemp,” is grown and cultivated in such a way that it has less than 0.3% THC by dry weight. The resulting end products (be it delta 9 edibles like gummies or delta 9 vape pens) also have less than 0.3% THC.
While there isn’t a specific mg that is legal, it just depends on the weight of the product. Most options offer 5 mg THC or 10 mg THC per serving to start.
Although hemp and hemp-derived products are legal at the federal level, states still have the right to make their own laws. That means that each state can determine if they want delta-9 edibles legal within state borders.
While it may seem confusing, this just allows states to be in control of the products that are purchased within their borders.
Is Delta 9 Legal in Virginia?
Yes! As long as these products are derived from hemp, they are still considered legal in the state of Virginia. Just like many other states, delta 9 THC is legal in Virginia because of the types of plants it comes from combined with its natural abundance.
Medical marijuana is also available in Virginia for those who have been recommended by a physician. Passed in 2018, the bill was signed into law and allowed greater access to medical marijuana for all Virginians.
With so many products to choose from and changing laws, there can be a lot of unanswered questions. Let’s take a look at some of the most frequently asked questions and find out the full report on the legality of delta 9.
Can You Buy from a Dispensary in Virginia Without a Medical Card?
No, you must have a medical card in order to buy from a dispensary. This is a common question in a lot of states, especially as more and more states change their laws around hemp and marijuana.
Because hemp-derived delta 9 THC is different from most marijuana-derived THC products found in dispensaries, these products can be purchased anywhere. That’s why they are so readily available in places like gas stations or grocery stores, and you can even buy delta 9 online.
This makes it easy to get these great products shipped directly to your door!
Do You Have to be 21 to Buy Delta 9 in Virginia?
For all hemp-derived products, you must be at least 18 years old to purchase online or in-store. You do not have to be 21 to buy delta 8 or delta 9 in Virginia.
However, it’s important to understand the difference between delta 8 and delta 9. There are severely different types of THC, including delta 8, delta 9, and even delta 10. The list continues to grow as we discover more cannabinoids found in both hemp and marijuana.
Delta 9 THC is the same THC you’ve probably already heard of – it’s just normally referred to this when it’s sourced from the hemp plant. Delta 8 can also be found in both hemp and marijuana plants, but it is found at much lower levels in its natural state.
This means that since these levels are so low in the natural plant, products that use delta 8 must undergo what is called “synthetic conversion.” This means that another cannabinoid (like CBD) gets synthetically converted into delta 8 by using other chemicals. The problem is that since these products and manufacturers are unregulated, there’s no way of knowing what is being used to convert these cannabinoids.
This is one of the reasons the FDA warns about using delta 8 since it can be difficult to determine what’s used in the process.
Delta 9 THC on the other hand is found in naturally high abundance within these plants so there’s no need to utilize synthetic conversion.
What Happens If You Take Delta-8 and 9?
There is little research surrounding the use of both delta 8 and 9 but it is generally not recommended. While they both have similar effects, this does vary for each individual.
Because they both can cause a high, you want to avoid mixing them. Although they are both found naturally in the hemp plant, suggested serving size and use makes it clear that you should avoid using more than one type of product.
On the other hand, a lot of people do like to mix CBD products (like CBD oil or topicals) with other hemp-based products (like delta 9 THC) because of the general calming and balancing effects.
What States Allow Delta-9?
This is a question that seems to pop up a lot. Remember, hemp and hemp-derived products are considered federally legal.
But states can still decide if they want to allow these products to be bought and sold. As far as which states allow delta 9 products, laws are always changing so be sure to do your own research before making any purchases.
Some states that allow delta-9 include:
Be sure to check your local laws before making any online or in-store purchases, just to be safe!
Can You Buy Delta 9 in West Virginia?
Since the two share a name, this is a common question. Yes, you can buy delta 9 in West Virginia! Just because you can buy it doesn’t mean that people aren't asking, “Is delta 8 and delta-9 legal in West Virginia”?
This is a fair question because of the sometimes confusing (and oftentimes changing) laws that are in effect for each state regardless of the ruling at the national level. But yes, delta 8 and 9 are still considered legal in West Virginia.
Is Delta 9 Allowed in Florida?
With a constant growing consumer base, Florida is one of the most popular states for all types of hemp and marijuana related products. Thankfully, it’s also one of the most progressive and continuing to push legalization forward.
Yes, delta 9 is legal in Florida! Of course, that also includes delta 9 gummies in Florida. Gummies, like a lot of states including Texas, are some of the most popular products. That’s because they’re simple, sweet, and delicious, making it easy to add them to any health and wellness routine!
Is Delta 9 Legal in North Carolina?
States in the south seem to be some of the most popular places for these questions. Prior to common belief, a lot of these states are pushing for progressive changes when it comes to laws relating to hemp and marijuana.
Delta 9 is legal in North Carolina and progress continues to be made for marijuana as well.
Can You Fly with Delta-9 Edibles?
The next logical question, can you fly with delta 9? When flying domestically within the country, yes you can! Just be sure to check the local laws of the states you’re visiting to be certain. There should be no problems but it’s always best to be safe.
Delta 9 products continue to become more and more readily available – and for good reason. Millions of people across the country are turning to these natural products to find the relief from everyday struggles that they need.
All these hemp-derived products provide a wide range of benefits for people who suffer from all kinds of daily problems like everyday stress, lingering pain or discomfort, and even trouble falling asleep.
No matter where or why you use delta 9, there’s never been a better time to find the right product that works for you!
Disclaimer: This article was last updated in April 2023 and reflects federal and state legal information as of this date. Cannabis laws in the U.S. are continually shifting; therefore, the information in this article is subject to change. The information in this article does not constitute legal advice, and no entity at EVN-CBD is claiming to provide legal advice. Please visit your official state website for more information on your state’s cannabis laws and regulations.