With the evolving cannabis landscape in the U.S., Delta-9 THC—the primary psychoactive compound in marijuana—has entered the legal spotlight, especially when derived from hemp. Interest in Delta-9 THC, particularly in its hemp-derived form used in products like THC-infused seltzers, has grown significantly in recent years. But is it legal? Let’s break down the current legal framework around Delta-9 THC and what it means for you.
What is Delta-9 THC?
Delta-9-Tetrahydrocannabinol (THC) is the most well-known cannabinoid found in the cannabis plant. It's the compound responsible for the "high" associated with marijuana use and has been widely studied for its potential therapeutic effects—ranging from pain relief and appetite stimulation to relaxation and mood enhancement. While traditionally extracted from marijuana, Delta-9 THC can also be derived from hemp. When derived from hemp and present in concentrations of less than 0.3% by dry weight, it falls within the legal boundaries set by federal law.
Hemp-Derived Delta-9 THC vs. Marijuana-Derived THC
- Marijuana-derived Delta-9 is regulated as a controlled substance under federal law.
- Hemp-derived Delta-9 that contains no more than 0.3% THC by dry weight is federally legal under the 2018 Farm Bill.
This distinction has allowed innovative products like Delta-9 THC-infused seltzers to be sold in many U.S. states legally, as long as they meet the federal hemp guidelines.
The 2018 Farm Bill: A Game Changer
The Agriculture Improvement Act of 2018, also known as the Farm Bill, legalized the cultivation of industrial hemp and its derivatives—provided the Delta-9 THC concentration does not exceed 0.3% by dry weight. This opened the door for hemp-derived cannabinoids, including Delta-9 THC, to be infused into compliant consumer products such as edibles, beverages, and seltzers. So, while Delta-9 THC is generally associated with marijuana, the hemp-derived version is treated differently under federal law.
Federal Legal Status: Yes, But With Limits
- It contains no more than 0.3% Delta-9 THC by dry weight.
- It is extracted from industrial hemp, not marijuana.
- It complies with all relevant manufacturing and labeling regulations.
That’s why products like Cool Out’s Delta-9 THC Seltzers are formulated to stay within these limits while delivering an enjoyable, relaxing experience.
State-by-State Laws
Although federally legal, hemp-derived Delta-9 THC laws vary by state. Some states have explicitly banned or restricted the sale and possession of THC-infused products, even if they meet the 0.3% limit. Before purchasing or consuming any Delta-9 product, always verify your state’s regulations. At Cool Out, we encourage responsible use and full transparency, and we make it easy for you to find product lab results and COAs (Certificates of Analysis).
Can You Fly with Delta-9 THC Products?
Flying with hemp-derived Delta-9 is possible, but proceed with caution:
- TSA is not actively searching for hemp-derived products, but may involve local authorities if they find something questionable.
- Check your destination’s laws before flying.
- Review airline policies regarding cannabis-derived products.
- Choose travel-friendly formats, such as gummies or canned beverages, that meet TSA liquid limits.
Is Public Use Legal?
Even if Delta-9 is legal in your state, public consumption laws likely still apply. Many states ban smoking or consuming THC products in public spaces, parks, or buildings. Always follow local ordinances and be respectful of public guidelines.
Could You Get in Trouble for Possession?
If you’re carrying hemp-derived Delta-9 that complies with the Farm Bill (less than 0.3% by dry weight), you’re protected under federal law—but your local state law may differ. If you're ever unsure, consult a legal professional or look up your state's cannabis policies online.
Where to Buy Delta-9 THC Products
Due to its legal gray area and increasing popularity, the hemp-derived THC market has grown rapidly. Unfortunately, not all products are created equal. Some sellers take shortcuts or sell untested products that could be unsafe. At Cool Out, we stand for purity, transparency, and safety:
- Third-party lab tested (COAs available)
- Hemp-derived and Farm Bill compliant
- No sugar, carbs, or calories
- Gluten-Free and GMO-Free
Our mission is to make your Delta-9 experience safe, predictable, and enjoyable.
Final Thoughts
So, is Delta-9 THC legal? The answer is yes—if it’s derived from hemp and follows federal guidelines. However, due to differences in state laws and enforcement, consumers should always stay informed before purchasing or traveling with any THC product. Enjoy responsibly, stay compliant, and drink Cool Out.
