Is Delta-10 Legal in the United States?
In previous blog posts we’ve covered all things delta-10 THC, including how it works and whether or not it’ll show up on a drug test.
Well…almost everything. We haven’t really dived deep into delta-10 THC’s legality. Until now! Keep reading to learn more about whether or not this exciting new cannabinoid is legal in the United States.
- Delta-10: a special cannabis compound
- Is delta-10 THC really legal?
- Is delta-10 THC legal in my state?
- Is delta-10 THC regulated by the FDA or DEA?
- The legality of using delta-10 THC products
Delta-10 THC: a special cannabis compound
Short for delta-10 tetrahydrocannabinol, delta-10 is a cannabinoid that’s produced in trace amounts by cannabis and hemp. Delta-10 is known (and loved!) for the pleasantly psychoactive effects it produces. The effects of delta-10 fall somewhere between what you’d expect from delta-8 THC and CBG. More than a few users liken its effects to that of a Sativa cannabis strain, even though it’s a standalone cannabinoid and not a strain at all.
Chemically speaking, delta-10 THC is an analog/isomer of its more famous sibling delta-9 THC. It may have the same chemical structure as delta-9, but it has a different chemical structure. This reduces delta-10’s potency by around 40% compared to delta-9.
Delta 10 THC can take the form of all sorts of cannabis products, including:
- Vape pens
- And more!
Is delta-10 THC really legal?
As of August 2022, delta-10 THC is federally legal. The same Farm Bill that legalized CBD in 2018 also legalized delta-10.
Delta-10’s legal status, however, is conditional on one major thing: whether it comes from cannabis plants or hemp plants. Delta-10 that’s hemp-derived – or even just synthesized from hemp’s CBD content — is fully legal. If delta-10 comes from cannabis, however, it remains illegal. Delta-10’s legalization may not have been an intentional effect of the original Farm Bill, but it was an effect nonetheless!
Is delta-10 THC legal in my state?
So, that’s the good news. Delta-10 is legal nationwide!
The bad news is that delta-10 isn’t necessarily legal in every state. Some states have taken steps to ban delta-10 entirely, regardless of whether or not it’s sourced from industrial hemp. Below is a full list of delta-10’s legality state-by-state.
States where delta-10 is legal
- Alabama: Delta 10 is legal in Alabama
- California: Delta 10 is legal in California
- Connecticut: Delta 10 is legal in Connecticut
- Florida: Delta 10 is legal in Florida
- Georgia: Delta 10 is legal in Georgia
- Hawaii: Delta 10 is legal in Hawaii
- Illinois: Delta 10 is legal in Illinois
- Indiana: Delta 10 is legal in Indiana
- Kansas: Delta 10 is legal in Kansas
- Kentucky: Delta 10 is legal in Kentucky
- Louisiana: Delta 10 is legal in Louisiana
- Maine: Delta 10 is legal in Maine
- Maryland: Delta 10 is legal in Maryland
- Massachusetts: Delta 10 is legal in Massachusetts
- Michigan: Delta 10 is legal in Michigan
- Minnesota: Delta 10 is legal in Minnesota
- Missouri: Delta 10 is legal in Missouri
- Nebraska: Delta 10 is legal in Nebraska
- Nevada: Delta 10 is legal in Nevada
- New Hampshire: Delta 10 is legal in New Hampshire
- New Jersey: Delta 10 is legal in New Jersey
- New Mexico: Delta 10 is legal in New Mexico
- New York: Delta 10 is legal in New York
- North Carolina: Delta 10 is legal in North Carolina
- North Dakota: Delta 10 is legal in North Dakota
- Ohio: Delta 10 is legal in Ohio
- Oklahoma: Delta 10 is legal in Oklahoma
- Oregon: Delta 10 is legal in Oregon
- Pennsylvania: Delta 10 is legal in Pennsylvania
- South Carolina: Delta 10 is legal in South Carolina
- South Dakota: Delta 10 is legal in South Dakota
- Tennessee: Delta 10 is legal in Tennessee
- Texas: Delta 10 is legal in Texas
- Vermont: Delta 10 is legal in Vermont
- Virginia: Delta 10 is legal in Virginia
- Washington: Delta 10 is legal in Washington
- West Virginia: Delta 10 is legal in West Virginia
- Wisconsin: Delta 10 is legal in Wisconsin
- Wyoming: Delta 10 is legal in Wyoming
States where delta-10 is illegal
- Alaska: Delta 10 isn’t legal in Alaska
- Arizona: Delta 10 isn’t legal in Arizona
- Arkansas: Delta 10 isn’t legal in Arkansas
- Colorado: Delta 10 isn’t legal in Colorado
- Delaware: Delta 10 isn’t legal in Delaware
- Idaho: Delta 10 isn’t legal in Idaho
- Iowa: Delta 10 isn’t legal in Iowa
- Mississippi: Delta 10 isn’t legal in Mississippi
- Montana: Delta 10 isn’t legal in Montana
- Rhode Island: Delta 10 isn’t legal in Rhode Island
- Utah: Delta 10 isn’t legal in Utah
It’s also a good idea to do your own research before buying delta-10 products, as the state laws we’ve listed above are often in flux.
Is delta-10 THC regulated by the FDA or DEA?
No. As of August 2022, neither the FDA nor the DEA regulates delta-10. The federal farm bill explicitly stated that these agencies have no authority over hemp-derived products.
While this is a good thing in the sense that it’s given consumers more freedom, it also means you should be careful. The FDA isn’t going to guarantee you’re getting a safe product, so you’ll need to ensure you’re buying a premium hemp product on your own! We’d encourage you to buy from brands that are transparent and trusted by real customers.
The legality of using delta-10 THC products
Ready to try delta-10 THC products for yourself yet? Great! Before you get too excited, though, there are a few more important things to know about D10’s legality.
1 Make sure D10 is legal where you live
First things first: check the list(s) above before buying any delta-10 products. If your state is on the illegal list, don’t even think about buying delta-10! If your state’s laws are consistent with federal law, though, you’re in the clear.
2. Make sure the product is hemp-derived
Also be sure that the product(s) you’re looking at are derived from industrial hemp, not from higher-THC cannabis. Technically speaking, delta-10 that comes from cannabis remains illegal. It’s gotta be hemp-derived according to the Farm Bill! (You’ll be glad to know that all of our products are hemp-derived.)
Take the time to consider where you’re buying from, too. The delta-10 THC available at your local dispensary or cannabis retailer is more likely to come from cannabis. It will probably also be pricier than what you’ll get from us.
3. The proof is in the lab testing
Lab testing is critical for delta-10 products. Also called COAs (certificates of analysis), lab tests can either make or break a product’s overall reputation. Full lab testing panels will disclose a product’s cannabinoid concentration and ensure the product is free from heavy metals, residual solvents, and fungus/mold.
We’d encourage you to stay far, far away from any delta-10 brand that doesn’t make their lab tests publically available.
4. Start slow!
The same concept that applies to CBD and delta-9 THC products also applies here. Start low and go slow! To be a little more precise, it’s important to start off with a low dose of delta-10 until you know how it’ll affect you. Maybe you love its psychoactive vibes (most people do)…or maybe you’ll find them just a little too strong. Either way, you won’t know until you try. Starting with a low delta-10 THC dosage also means you’ll be able to avoid unwanted side effects.
Is delta-10 legal in the US? Summing things up
Well, there you have it! Delta 10 THC is legal in 39 states as of August 2022. The other 11 states limit delta-10 to some extent.
Another thing to keep in mind? Delta-10 laws seem to stay in step with delta-8 THC laws. If a state has banned delta-8 it may very well ban delta-10 next! Be sure to check in with your state’s laws before ordering a delta-10 product, as cannabis-related laws are constantly changing.
And most importantly, don’t forget to keep things chill. If delta-10 isn’t legal where you live we won’t ship it to you. And if delta-10 is legal where you live, enjoy the uplifting effects that are coming up next.