Hemp-derived Delta 9 edibles are federally legal, and you’ve probably noticed more of them showing up on shelves in nearly every state. That raises an obvious question: how is that possible? The short answer is a legal loophole – but before unpacking exactly how it works, it helps to cover what these edibles actually are, the different types on the market, and how they’re made.
What Exactly Are Hemp-Derived Delta-9 THC Edibles?
You may have already heard of Delta 8 THC and Delta 10 THC made from hemp, but what about Delta 9? You may be thinking, isn’t Delta 9 THC made from marijuana, not hemp? Traditionally, Delta 9 is native to marijuana plants, however, like Delta 8 and Delta 10 THC, Delta 9 can also be synthesized from hemp.
How Delta 9 THC Is Derived From Hemp
Delta 9 THC is derived from hemp the same way that Delta 8 is made. Both Delta 8 and Delta 9 undergo isomerization from chemically converting CBD to THC. First, a crude oil is extracted from hemp, then refined to produce pure CBD, also known as CBD distillate. That CBD is then converted to any known THC distillate. For more information as to how THC is derived from hemp, feel free to check out our blog! Now, we have our hemp-derived Delta 9 oil and ready to make these edibles.
How Are These Edibles Actually Made?
Delta 9 edibles are produced the same way as Delta 8 and CBD edibles. You technically could eat the oil straight to medicate, but it’s extremely sticky and not a pleasant experience, which is exactly why edibles exist – to mask the taste of cannabis oil and make THC and CBD more palatable.
When you make edibles at home, you usually use a fatty substance to bind to the THC and CBD such as butter or coconut oil. Then, you take your butter or coconut oil mixed with CBD or THC oil to cook into anything you want, from baked goods, to dinner entrées. When it comes to cannabis brands, edibles are made through one of two methods. Traditionally mixed and made from scratch, and pre-made and sprayed on.
Scratch-Made Edibles
The best edible companies build their products from scratch, carefully mixing in their cannabis oil so the final product tastes as good as possible. Most edible companies also use a mixture of butter or coconut oil with CBD and THC to make their products. Many cannabis companies make gummy candies for their edibles. Gummies tend to be the favorite format – not just because they’re a delicious treat that can easily mask the taste of cannabis oil, but they are also convenient to eat, and have a longer shelf life when compared to other foods.
Spray-On Edibles
Another way companies create edibles is by spraying gummies with THC instead of mixing it. This method makes it difficult to regulate, as there is an uneven distribution of THC oil on the edibles, and the dosage of each edible is completely unknown. Additionally, spray on edibles may also leave a sticky film in your mouth from the oil, and may also not taste as great had it been mixed into the edible. Until there is more regulation over these types of products, companies will continue to use spray on edibles to make a quick profit.
With that background covered, let’s get into why hemp-derived Delta 9 edibles are federally legal in the first place.
The Rule That Makes Hemp-Derived Delta-9 Edibles Legal
In the 2018 Farm Bill, all cannabis products must contain less than 0.3% Delta-9 THC by dry weight to remain federally legal. Although all marijuana plants and concentrates contain more than 0.3% THC, all edible products that are not beverages or liquids and contain less than 0.3% Delta-9 THC by weight can be legally distributed and sold throughout the United States. All cannabis companies need to do is make edibles with low enough amounts of THC to be less than 0.3% by weight. Even in states where Delta 8 is banned, hemp-derived Delta 9 THC may still be legal as long as it is below the 0.3% limit. This legal loophole has allowed countless cannabis brands to legally sell their Delta-9 THC edibles throughout the United States. However, that still does not stop states from making their own laws to further regulate THC.
By checking out our guide to knowing which states legalized Delta 8, you can also find out which states have a complete ban on all THC products including edibles.
Why the 2018 Farm Bill Leaves Room to Maneuver
Delta 9 edibles derived from hemp may be legal if they are less than 0.3% THC by weight, but that allows for a lot of room for interpretation. One may argue that the more dense the edible is, the more THC you could pack into it. Despite how low 0.3% may be, it is still more than enough to find yourself higher than a kite after eating an entire bag of gummies. Even though California may have legalized marijuana and set the limit to 100mg of THC for edible products, a cannabis company may send edibles with more than 100mg of THC to a state where marijuana is illegal, since the total amount of dry weight in the edible may be more than 33.33 grams and still meet the 0.3% THC capacity. That means a company can release a pound of hemp-derived Delta 9 THC gummies and have it contain over 1000mg of THC in total while still being federally legal!
A solution to better regulate these types of products in states where marijuana is legalized, is to follow a similar path that California has taken. By setting a limit of milligrams of THC per packaged product, it removes the loophole of having edibles that contain a stronger amounts of THC.
Until regulations catch up, it’s worth knowing how to dose yourself responsibly when trying unregulated edibles.
Understanding Edible Dosage
Most people do not need a lot of THC to feel medicated off of an edible. That is because when you smoke THC, you are only taking in so much of the THC into your lungs before you waste the rest of it by exhaling. Even when you breathe air, your lungs can only take in so much oxygen before the rest is exhaled along with carbon dioxide. It is impossible to consume all of the THC you take in each breathe. With edibles, your body is consuming all of the THC within whatever it is you are eating. You will feel the effects for a longer period of time if you ate 100mg of THC, than if you smoked 100mg of THC. That all being said, you are not taking all of the THC at once when you eat edibles. Your body breaks down foods differently from the next person, which is why people may feel the effects of THC faster or slower, and more or less intensely than others.
People who have never or rarely consumed THC may only need as little as 5 mg of THC to medicate. If we were to compare this to the federal limit of an edible, you would need to only eat an edible that has a dry weight of at least 1.67 grams. The average weight of a gummy bear is 2.9 grams, which means that you don’t need to eat more than a gummy bear to feel the federally legal high from edibles.
When you take edibles, especially if it is your first time, we recommend taking 5 mg at a time, and wait for at least an hour before eating more.
Where Delta-9 Edible Regulation Goes From Here
These edibles are undeniably psychoactive, which naturally raises the question of how long the 2018 Farm Bill’s loophole can hold up. Legislators are already reworking the original bill, so it’s likely only a matter of time before amendments arrive. Until then, expect hemp-derived Delta 9 edibles to keep taking the market by storm.
