You might not know it, but even if you live in a state in which weed is illegal, you likely can legally enjoy drinks containing weed’s primary psychoactive ingredient, delta-9 THC. At one bar in Missouri, Eric Berger reports for Kaiser Health News that customers were getting buzzed on a drink containing delta-9 THC.
Many believe that so long as a drink contains less than .3 percent by volume of the delta-9 THC, it can be sold most places. How? If it comes from hemp and not weed. Federal law, they argue, restricts delta-9 THC by volume but otherwise allows it if it is derived for hemp.
Of course, there’s a big issue here. Selling marijuana is illegal under federal law. And, people who sell marijuana in states where it’s legal must deal with paying taxes and abiding by regulations. But, these rules don’t apply to hemp. A 2018 law, pushed by Mitch McConnell to help farmers, delisted hemp as a federally-controlled substance.
Today, hemp’s delta-9 THC can be found in about 120 brands online. And, you do not have to be over 18 to buy these products legally.
Again, under federal law, there’s a compelling argument that drinks with delta-9 THC are legal so long as they contain .3 percent delta THC or less by weight. They argue that the weight restriction in the law applies to the product being sold. Others argue that that is not an accurate interpretation of the law. They say that the law speaks to the amount of delta-9 THC allowed in the hemp plant.
At some point, Congress probably will clarify federal law. Most likely, hemp-derived delta-9 THC products will only be allowed to be sold in the same dispensaries and with the same regulations and taxes as marijuana derived delta-9 THC.
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