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What Is Hemp Derived Delta 9, and is it legal?


The hemp-derived cannabinoid market continues to grow and evolve despite lingering questions over federal legality and numerous state laws that try to keep pace.

You may have seen or even tried products with a few milligrams of Delta-9 Tetrahydrocannabinol (THC) that were marketed as 2018 Farm Bill-compliant, and if you know anything about the restrictions of the industry; then you’ll know that there are a plethora of laws making THC illegal in multiple states. While delta-9 is the cannabinoid that distinguishes hemp from its federally illegal counterpart, marijuana - companies are still selling Delta-9 products.

So what makes some products ‘compliant’ and some illegal? To begin, we need to go over what exactly Delta-9 is, as well as the difference between cannabis-derived, and hemp-derived THC.

Delta-9 Tetrahydrocannabinol (THC)

THC stands for delta-9-tetrahydrocannabinol or Δ-9-tetrahydrocannabinol (Δ-9-THC). It is a cannabinoid molecule in marijuana (cannabis) that's long been recognized as the main psychoactive ingredient—that is, the substance that causes people who use marijuana to feel high.

Delta-9-THC and Delta-8-THC are the only compounds in the marijuana plant that produce psychoactive effects. Because Delta-9-THC is much more abundant than Delta-8-THC, the psychoactivity of marijuana has been attributed largely to the effects of Delta-9-THC.

The Effects Of Delta-9 THC

The main differentiation between Delta 9 THC and Delta 8 THC is the effects they both provide, which is also the deciding factor for customers. This cannabinoid interacts with the CB1 receptors that are located in the brain, responsible for many processes in the mind such as decision-making, memory, and others.

This powerful compound is said to provide effects such as excitement, euphoria, anxiety, perceptual and visual alterations, restlessness, and others. The effects can be very intense for some users, while others enjoy the outer-worldly experience.

Hemp Vs Cannabis

Although hemp and cannabis look similar, from a functional and chemical perspective, they are distinctive. The term “hemp” is used to describe cannabis that contains 0.3 percent or less THC content per gram on a dry weight basis. Legally, “marijuana” refers to cannabis that has more than 0.3 percent THC by dry weight. THC content can vary among cannabis plants. Some strains are bred to be higher in THC than others.

According to federal law, cannabis—with 0.3% THC content or higher—is classified by the DEA as a Schedule I drug with no accepted medical use. CBD products sourced from cannabis, even those with 0% THC, are illegal at a federal level by virtue of their plant origin. Industrial hemp, on the other hand, is no longer considered a Schedule I controlled drug. Following the 2018 farm bill, hemp was reclassified as an agricultural commodity.

There is no significant difference between hemp delta-9 and regular delta-9, aside from the source. The chemical itself is absolutely identical. The distinction between the delta-9s comes purely from the source, with hemp delta-9 coming from hemp and “regular” delta-9 coming from a standard cannabis plant.

Hemp-Derived THC and the FDA

The 2018 Farm Bill explicitly preserved the authority of the Food and Drug Administration (FDA) to regulate products containing cannabis or cannabis-derived compounds under the Federal Food, Drug and Cosmetic Act. The FDA currently prohibits THC or CBD products from being sold as dietary supplements or as food additives, though the agency is actively investigating whether a pathway should exist for certain CBD ingestible products through the agency’s rulemaking process.

Hemp-Derived THC and State Law

At the state level, the 2018 Farm Bill permits states to implement their own regulatory scheme for the production of hemp so long as the plan is approved by the U.S. Department of Agriculture (USDA).

Is Hemp-Derived Delta-9 Legal?

The confusion surrounding its legality comes from the 2018 Farm Bill, but in a sense there is no cause for confusion at all. The Farm Bill legalizes “hemp” at the federal level, and provides the following definition for hemp:

“The plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”

Again, state law requires a state-by-state analysis to determine whether a product is legal. There is no “one size fits all” solution and, depending on where a product is sold, there may be labeling, testing and other restrictions to satisfy before a hemp-derived product may be sold legally. To date, states that have enacted state regulations have focused on hemp-derived CBD – not THC or the so-called “novel” cannabinoids such as CBG, CBN and THCA.

Hemp delta-9 is Farm Bill compliant whenever it meets the requirement that it isn’t higher than 0.3% in concentration. Since hemp-derived Delta 9 is legal, you can find it in local dispensaries or even better, online! Like the products that we offer here at Black Tie CBD.

Our Delta-9 products:

Chill Delta 9 THC Microdose Tincture + Terpenes - Pineapple (Indica)

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Want to Microdose THC? We have the perfect product for you. Our fast-acting Delta 9 Tinctures contain 5.5 mg of Pure Delta 9 THC plus terpenes in each dose.

420 Mg Delta 9 THC Syrup For Zen - Strawberry (Hybrid)

What Is Hemp Derived Delta 9, and is it legal?

Looking to find Zen? Find Zen with our Strawberry Hybrid infused Delta 9 Fast Acting Drink Additive/Syrup. This 420 mg bottle comes with approximately 21 servings of 20 mgs per dose. 20 mg Delta 9 THC per serving Fast absorption within as little as 15 minutes.

250 Mg Euphoria Delta 9 THC Gummies - 10 Mg Each (Sativa)

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Want to experience5 Euphoria? Our blend of Sativa terpene-infused Delta 9 THC gummies will have you headed to a state of Euphoria! Terpenes include Alpha Pinene and Limonene. Our Delta 9 THC Gummies are 100% Hemp Derived.

March 30, 2022
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Can Cannabis Treat Covid-19?

With Covid-19 impacting us for the last two years, the world is rapidly searching for ways that we can effectively manage the virus, despite the variants that constantly pop up. Finally, it seems that research is progressing and it’s the cannabis industry at the forefront of the latest research advancements by researchers affiliated with Oregon State University. These researchers conducted a study that suggests that cannabis compounds prevent Infection by the Covid-19 Virus.

The COVID-19 pandemic includes at least 272 million cases worldwide, 5.3 million deaths, and over 600 000 new cases daily. While the rollout of vaccines is underway, the rapid spread of COVID-19 underscores the need for new treatments.

Background Information:

In January 2021, this study looked into the possibility that cannabis may offer some help for patients with COVID-19. The study looks at one of the primary biological events that occur in patients with severe acute respiratory distress cases from COVID-19, something called a “cytokine storm.”

C.Sativa, a type of cannabis, was found in a cytokine storm study to reduce multiple cytokines and pathways related to inflammation and fibrosis. Two of the cytokines that C.Sativa reduced were TNFa and IL-6, which are thought to be the main targets when trying to block a COVID-19 cytokine storm and acute respiratory distress syndrome.

In another study done in September of 2020 on mice, they found the following;

“Several reports demonstrated that cannabidiol (CBD), a phytocannabinoid produced by the cannabis plant, can block IL-6 in several models of inflammatory diseases.”

What do the studies say in 2022?

A report on the research, “Cannabinoids Block Cellular Entry of SARS-CoV-2 and the Emerging Variants,” was published online on January 10th, 2022 by the Journal of Natural Products.

COVID-19 is caused by the severe acute respiratory syndrome coronavirus-2 (SARS-CoV-2). Researchers have found that the viral spike protein of SARS-CoV-2 to the human cell surface receptor angiotensin converting enzyme-2 (ACE2) is a critical step during the infection of human cells. The researchers looked into the following possibility:

“Therefore, cell entry inhibitors could be used to prevent SARS-CoV-2 infection as well as to shorten the course of COVID-19 infections by preventing virus particles from infecting human cells.”

Researchers discovered that cannabinoids increase the cell’s response to several key proteins produced by the coronavirus genome, which is an effect that had not been discovered prior to the study. Researchers also looked at how the proteins from the genome operated in human kidney cells and healthy control cells, both with and without cannabinoids.

Cannabis and its effectiveness against new variants:

The spike protein is the same part of the virus targeted by Covid-19 vaccines and antibody therapies. In addition to the spike protein, SARS-CoV-2 has three more structural proteins as well as 16 nonstructural proteins and several compounds van Breemen characterized as “accessory” proteins, all of which are potential targets for drugs developed to prevent Covid-19.

The two compounds commonly found in hemp - called cannabigerolic acid, or CBGA, and cannabidiolic acid, or CBDA - were identified during a chemical screening effort as having potential to combat coronavirus. In the study led by Richard van Breemen, a researcher with Oregon State’s Global Hemp Innovation Center, they found that cannabinoids bound to spike proteins found on the virus and blocked a step the pathogen uses to infect people, stating that;

“Cannabigerolic acid and cannabidiolic acid prevented infection of human epithelial cells”

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This means that cell entry inhibitors, like the acids from hemp, could be used to prevent SARS-CoV-2 infection and also to shorten infections by preventing virus particles from infecting human cells. They bind to the spike proteins so those proteins can’t bind to the ACE2 enzyme, which is abundant on the outer membrane of endothelial cells in the lungs and other organs.

The study then goes on to state that the most important piece of evidence found was that CBGA and CBDA were equally as effective against the alpha and beta variants. The abstract ends off on a highly positive note, expressing that cannabinoids do in fact have the potential to prevent and likely treat infection by SARS-CoV-2.

What other benefits could cannabis pose for Covid-19?

  • Pain
    As we have discussed in previous articles, cannabis offers potential benefits for things like pain, anxiety, and other ailments. With symptoms of COVID-19, including body aches, sore throat, and headaches, pain relief would be welcome by many patients.

    As it currently stands, Medicinal cannabis registries typically report pain as the most common reason for use. In this study, the conclusion came to the fact that looked at multiple ailments being treated with cannabis, going on to state the following:

    “Headache was then evaluated as a primary symptom being treated by medicinal cannabis “
    1. Anxiety
      The number of people reporting high levels of anxiety has sharply elevated during the coronavirus (COVID-19) pandemic. The factors most strongly associated with high anxiety during the pandemic include loneliness, marital status, sex, disability, whether someone feels safe at home or not and work being affected by the coronavirus (COVID-19) pandemic.

      There is understandable concern about the impact of the pandemic on people’s well-being. Fortunately, though, compounds within cannabis have shown impressive anxiety-reducing qualities, particularly CBD, which has been shown in studies to increase serotonin activity and lower cortisol levels.

    Is Cannabis safe to consume for Covid-19 patients?

    While most people consume cannabis by smoking it, it is not the only way to consume it. Companies like ourselves offer multiple variations of consumption like edibles, tinctures and more that have very low THC, yet still offer the same benefits.

    After the last two years of uncertainty, illness and chaos due to the pandemic, it’s relieving to see that cannabis has shown a lot of potential in fighting against COVID-19 and could potentially offer new solutions to tackle the pandemic.

    Where can you get CBDA and CBGA products from?

    The team here at Black Tie CBD is relieved and grateful that we’re a part of an industry that is helping to better global health in such an impactful way. As a company, we've seen the value in CBDA products and we've just released our brand new CBDA isolate so you can keep safe too.

    January 18, 2022
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