logo

The Legal Status of Delta-9 THC

Are you curious about cannabis but not sure what to expect? You’re in the right place! This guide explains how THC drinks work, more about THC drinks’ effects, how to find the right dosage for you, and what makes them a popular alternative to alcohol or other cannabis products.
Jack Sherrie
February 8, 20244 min read

 

In 2014, the turbulent history of marijuana in the US was shaken up by a landmark ruling called the Rohrbacher-Farr Amendment. This brought about reforms that prohibited the Justice Department from interfering with the implementation of state medicinal cannabis laws and paved the way for broader reform. 

Next came the 2018 Agricultural Improvement Act, which we have come to know as the Farm Bill. It officially legalized hemp and hemp-derived products with a low THC content, specifically those containing less than 0.3% THC, on a federal level. Additionally, the bill eliminated low-THC cannabis products from the Controlled Substances Act, where they had been classified as Schedule I drugs since its inception in 1970.

But fast forward to 2024, and THC consumers are still confused about the precise legalities of marijuana and THC products.

This article delves into the distinctions between hemp and marijuana, compliance with the Schedule I Narcotics Act, and the impact of the 2018 Farm Bill on the legality of Delta-9 THC products.

Defining Hemp vs. Marijuana

At the heart of the legal complexities lies the distinction between hemp and marijuana. While these are both fundamentally the same plant, the Agricultural Improvement Act of 2018 removed hemp and hemp-derived products from the definition of marijuana. 

What makes this slightly confusing is that hemp and marijuana are both effectively the same plant, with one significant difference:

  • Hemp = cannabis with a delta-9 THC concentration of no more than 0.3% by dry weight. 
  • Marijuana = cannabis with a delta-9 THC concentration of more than 0.3% by dry weight.

Got it? Let’s move on to the really fun stuff!

For the 25 states where marijuana has been legalized at a state level (not federal), it is possible to purchase marijuana products containing more than 0.3% THC over the counter. In alphabetical order, these states (and territories) are:

  • Alaska
  • Arizona
  • California
  • Colorado
  • Connecticut
  • Delaware
  • Guam
  • Illinois
  • Maine
  • Maryland
  • Massachusetts
  • Michigan
  • Minnesota
  • Missouri
  • Montana
  • Nevada
  • New Jersey
  • New Mexico
  • New York
  • Ohio
  • Oregon
  • Rhode Island
  • Vermont
  • Virginia
  • Washington
  • Washington, D.C.

In the other 24 states, the Farm Bill enables the legal sale of hemp-based cannabis products with a delta-9 THC content of below 0.3%. But to make things more confusing, individual states reserve the right to impose specific limits on delta-9 THC content in products. 

Examples include Connecticut’s 5mg per can restriction and Minnesota’s 10mg maximum. 

We highly recommend checking the specific legislation in the state where you reside and any that you plan on visiting with Drink Delta products in your knapsack. Our team is well-versed in where you can and cannot consume our products, so get in touch if you can’t find the answers online. 

Delta Cannabis Water and THC Content 

The distinctions between hemp and marijuana are arguably less important than you might think for the average consumer who’s looking to get high. Most delta-9 THC products are always labeled with the term cannabis—such as our Cannabis Water—and fans of the product tend to be less concerned with the source which is often hemp. 

Part of the reason why individual states have imposed limits on THC content is because manufacturers have found a loophole in the legislature that enables them to create products with higher doses of THC by using extraction.

Products rich in delta-9 THC undergo extraction through solvents after flash freezing. The concentrate is purged of residual solvents, resulting in a sticky product with a high THC content. 

This is why you are likely to find higher concentrations of THC in hemp-based products compared to marijuana-based ones.

So technically speaking, a product like our Delta Cannabis Water can contain 20mg of hemp-derived THC and be legal. Meanwhile, in states like California where marijuana is legalized, you will struggle to find edibles with more than 10mg of THC per serving.

Stay Informed About Cannabis Law

While the 2018 Farm Bill opened doors for the legality of hemp-derived products, state-specific regulations and DEA guidelines hammer home the need to be vigilant and educated about compliance in this constantly evolving legal landscape.

And, before you ask, yes our products will cause you to test positive for THC. We recommend not drinking them if you are required to pass a drug test for marijuana.

Here’s to hoping that these new regulations and a surge in the use of marijuana for medical applications continue toward the end goal of full legalization – if for nothing more than removing the confusion and allowing consumers to use cannabis recreationally without fear of legal retribution.

It is time for the suppression of cannabis to end.

Long live cannabis water!

You might like
Shop All
Shop All
Man on a boat with a Delta Light THC-infused Seltzer
Too High? Our Top Tips to Sober Up Fast
It doesn’t matter how experienced you are, sometimes you can take that little too much. Maybe you...
How to Dose Delta Cannabis Water
How to Dose Delta Cannabis Water
THC drinks provide a controlled method to explore cannabis, allowing individuals to find their op...
What’s Next for Cannabis Water?
What’s Next for Cannabis Water?
We offer a diverse range of THC and CBD-infused cannabis waters, providing various flavors and ef...
What is Delta 9 THC?

Delta 9 THC is the chemical in cannabis plants that makes it so much fun. It’s the reason we have cultural icons like The Grateful Dead, Bob Marley, or Pineapple Express, and why you get the munchies. Every one of our seltzers is infused with the perfect dose of THC, so whether you want to elevate your night out or park it on the couch with a pizza for 8 hours, There’s a Delta for That.™

How is this Legal?

Full transparency? We found a loophole. In 2018, Congress passed the Farm Bill. This legalized hemp-derived products containing less than 0.3% Delta-9 THC by dry weight. By carefully crafting our seltzers and ensuring every can is precisely dosed, we adhere to these guidelines.

Will this show up on a drug test?

Yes. No way around it. While our products are 100% legal, culture is still catching up. Most commercial and over-the-counter drug tests still test for THC. So, enjoy with caution and ensure you’re partaking with any future drug tests in mind. If your job, sports team, or that one really strict relative requires you to pass a THC screening, you might want to save Delta for your retirement party.

How much should I drink to start?

Canna-curious? Welcome. Our products are totally safe, but as with any psychoactive drink, there’s no harm in being cautious. For first-time users, we recommend starting with slow sips at our 5mg level. Gauge your tolerance every 10 minutes and drink until you’re comfortable. When it comes to Delta, be the tortoise, not the hare.

Delta Drinks vs. edibles – how do they compare?

It’s not a competition. But if it were, we would win in every category. More consistent dose. Quicker onset. A more curated experience. Have you ever eaten half a gummy before a movie only for it to hit you in the last 15 minutes so hard you’re drooling by the time the credits roll (yes, speaking from experience here)? Well, with our consistent, fast-hitting doses, you’ll feel the effects 10-15 minutes from your first sip, so you’re always in control.

What does it taste like?

While our products break the mold, we ran out of creative juices when naming them. So, if you want to know what they taste like, just read the label. Crisp. Refreshing. And whatever flavor note it says on the can. Plain and simple.

What is the difference between hemp and marijuana?

Hemp and marijuana are both cannabis plants, just with different THC concentrations. Legally, hemp contains 0.3% or less THC by dry weight, while marijuana contains more. We focus on premium hemp-derived THC that delivers a reliable, controlled experience while meeting regulatory standards.

How can I trust this?

We were founded on not blowing smoke. So, every seltzer undergoes multiple rounds of testing at certified labs, ensuring they are precisely dosed at 5, 10, or 20mg, every time. All our Certificates of Analysis are readily available on our website here.