Posted on September 13, 2022 by Munchies

Marijuana laws vary depending on which state you live in. Although recreational use of cannabis is now legal in California because of Prop 19 back in 2016, some substances connected to THC and CBD might not be legal. Because these substances are complicated, making sure something is legal before trying it is understandable.

 But if you are wondering “is delta 9 THC legal in California,” the answer is YES! Delta 9 THC is a substance derived from hemp, which contains only 0.3% or even less of delta 9 THC when dried—which is very little compared to the THC derived from cannabis sativa or indica. 

Delta 9 THC is becoming a huge thing these days, especially for people who don’t enjoy smoking bud and getting really high. Because of its low levels of THC, anyone can enjoy the relaxation and all of its therapeutic effects.

If you are familiar with delta 8 THC, delta 9 is different than delta 8. D9 has a better high and more benefits than delta 8, which is why many companies switched to delta 9 for creating gummies, vapes, and other edibles that can get you high, but not too high to function. 

If you live in California and want to know everything about the laws of D9 in your state and the country—you came to the right place! But first, let’s talk about delta 9 THC and its legality when it comes to the United States federal law.

Delta 9 THC and Federal Law

Good news! CBD products, delta 9 THC, delta 8, and delta 10 are federally legal under the 2018 Farm Bill. But, some states have created specific laws banning the sales and use of some of these products. 

Additionally, just because it is legal, that doesn’t mean there aren’t any restrictions on how much you can carry, how old you need to be to purchase and consume the substance, and other factors.

 The amount of THC in delta 9 should not go over 0.3% when dried for it to be legal under federal law. Although marijuana is not yet legal in all 50 states, the THC from delta 9 is now legal—considering the THC is extracted from hemp and not in marijuana.

In addition, delta 9 cannot be sold as dietary supplements in any of the legal states because it does contain a small amount of THC, which is not legal in some of those states.

 As for the possession and age limit laws, these vary depending on the state you are living in or where you are buying them from. Because delta 9 is legal in all 50 states, you can purchase it from anywhere online and have it shipped to your home as long as you live in one of the 50 states and not outside the US territory.

California Delta 9 THC Laws

Because delta 9 THC is legal in all states under federal law, that means it is also legal in the state of California. However, the law varies from state to state, meaning if it is legal to purchase and use D9 in California, the laws about the amount you can possess and the age limit is different in different states, like Oregon or Washington.

California has expressly approved the sale and use of all hemp products, which means even if D9 contains a small volume of THC, it is still legal as long as it is derived from hemp. The laws that permit the use of CBD in California are the same laws that approved the sale and use of delta 9 THC.

The legal age required for purchasing and using delta 9 THC edibles and smokeable products in California is 21, which is the same age limit for buying and using marijuana products like buds, wax, dabs, edibles, and other products. 

Remember that there is a strict law against the age of marijuana users in California, so make sure you do not purchase products using a fake ID or ask a minor to buy them for you. That goes without saying, but it’s just a friendly reminder from us!

Is Delta 9 a Controlled Substance in California?

In California, industrial hemp, which contains over 0.3% of THC, is a controlled substance. But because hemp plants do not produce more than that number, it is a legal substance that is not controlled in California.

The Uniformed Controlled Substances Act includes cannabis in any form, including all parts of the cannabis plant, whether it is growing or not. This includes the resin, seeds, etc. However, it does not include industrial hemp, making delta 9 a legal and uncontrolled substance.

Delta 9 THC Possession Limits in California

If you are over 21, you can possess up to 1 ounce or 28 grams of delta 9 THC—meaning, if you have over an ounce, including all your THC products (vapes, buds, wax, etc.), you can get penalized for having over 28 grams of THC products.

Is Delta 9 THC Legal in California?

Yes, delta 9 THC is legal in California. Because THC and other marijuana products are legal for recreational use in California, delta 9 THC is also legal. Adults over the age of 21 can possess and use delta 9 THC for medicinal and recreational use. 

**(Disclaimer reminder: This article is not medical advice. It is based on anecdotal user experience alone. If you are thinking about incorporating cannabis (delta-8 THC, delta-9 THC, CBD, etc) into your medicinal routine, please consult a healthcare professional. Do not stop taking any prescribed medications without first consulting your doctor.)

Disclaimer: This article reflects the laws of the United States at the time it was written. Because cannabis laws in the United States laws are subject to change at any time, please make sure that you are always staying up to date on your federal, state, and local county’s cannabis laws. Additionally, we are NOT encouraging anyone to break the law––we are simply showing people ways to legally and discreetly bring their cannabis products along with them on their travels so that they may have access to those products when they reach their intended destination.

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