Are THC gummies legal? An overview of US laws
THC gummies have become increasingly popular in wellness spaces, providing an accessible and enjoyable way for many to explore hemp-derived products. These gummies contain tetrahydrocannabinol (THC), a well-known cannabinoid with a range of potential benefits.
But, as demand for these products grows, understanding their legality can be confusing. The legal status of THC gummies varies across the U.S. and depends on specific factors like THC type and source.
This article provides an overview of the current legal landscape for THC gummies in the U.S., breaking down the complexities of federal and state regulations to clarify their status.
What is THC?
Tetrahydrocannabinol, or THC, is a naturally occurring compound found in the cannabis and hemp plants. Known as a psychoactive cannabinoid, THC interacts with the endocannabinoid system (ECS) in the human body, a network that helps maintain balance in various bodily functions.*
When THC binds with cannabinoid receptors, especially those in the brain, it can produce the psychoactive effects commonly associated with a high. This effect has made THC a widely recognized cannabinoid, valued for its potential to help relax the mind, aid emotional wellness, and contribute to a sense of calm.*
Different types of THC, like delta-8, delta-9, and delta-10, can be found in gummies, each with unique properties. THC used in these products can be derived from either cannabis or hemp plants — which can greatly affect the legality of these products.
How are hemp-derived THC and cannabis-derived THC different?
The difference between hemp-derived THC and cannabis-derived THC primarily lies in the plant source. Hemp-derived THC is extracted from the hemp plant, a variety of the cannabis plant that is abundant in the non-psychoactive cannabinoid CBD (cannabidiol) while containing a low amount of THC.
Cannabis products, meanwhile, are made with cannabinoids derived from Cannabis sativa varieties that naturally contain higher THC content and remain restricted under the Controlled Substances Act as Schedule I substances.
How are THC gummies made?
Creating THC gummies involves a combination of careful extraction methods and high-quality ingredients. To start, THC is extracted from either hemp or cannabis plants, with hemp-derived THC typically aligning with federal regulations.
The extraction process often uses methods like CO2 extraction or ethanol extraction, both designed to isolate THC and other cannabinoids without unwanted compounds.
The extracted THC, whether in delta-8 THC, delta-9 THC, or another form, is then carefully measured and mixed with the other gummy ingredients, including natural flavors, sweeteners, minor cannabinoids and terpenes, and other supportive ingredients to create a consistent product.
Are THC gummies legal in the US?
The legality of THC gummies in the U.S. is shaped by a mix of federal and state regulations.
Under the 2018 Farm Bill, hemp-derived products with a THC content of less than 0.3% delta-9 THC by dry weight are federally legal. This legislation made it possible for CBD products containing hemp-derived THC to be legally sold across the country, provided they meet the defined THC threshold.
However, cannabis-derived THC, including edibles made from cannabis with THC levels above 0.3%, remains a Schedule I substance under the Controlled Substances Act in states that do not allow medical or recreational marijuana. This classification means that these products are still federally restricted due to their potential for psychoactive effects and risk of misuse, as defined by the federal government.
Since the federal government allows each state to regulate THC products independently, laws about THC gummies can vary significantly by location.
Some states permit hemp-derived THC products under specific conditions, while others impose strict regulations or bans. This variance results in a complex landscape where consumers are encouraged to be aware of both federal standards and their state’s specific regulations to stay compliant with local laws and enjoy THC gummies legally and responsibly.
How to determine the legality of THC gummies in your area
To determine if THC gummies are legal in your area, start by checking reliable government resources, such as your state’s health department or local regulatory websites. These sources often provide the most current information on state and local laws regarding THC products and cannabis use.
It’s also essential to ensure that any THC gummies you purchase are lab-tested by a third-party facility. Reliable lab results will confirm that THC levels comply with federal guidelines, especially for hemp-derived THC gummies containing under 0.3% delta-9 THC by dry weight.
This transparency helps ensure you’re choosing products that meet safety standards and are in compliance with legal requirements. Staying informed on both federal and state laws is key to enjoying THC edibles responsibly.
What are some tips for safe and legal use of THC gummies?
For those interested in THC gummies, safe and legal use starts with understanding product serving sizes and selecting reputable sources.
Buying from trustworthy brands ensures you receive lab-tested products with clear labels detailing THC type and concentration. Carefully review these product labels to confirm the THC content complies with federal guidelines and matches your personal wellness goals.
We recommend starting with a small serving of your THC product — no more than 2.5 mg — to see how you react and slowly increase your serving size over time as needed. Check the label to see how many mg of THC each gummy contains, and you can halve or quarter each gummy to get your desired starting point.
It’s also important to note that cannabinoids like THC and CBD can react with certain medications, so it’s best to speak to your healthcare provider before adding a new supplement to your routine, especially if you have certain medical conditions.
At Sunmed, we are dedicated to providing high-quality, hemp-derived cannabinoids that align with federal law. We work with trusted US farms to source all of our cannabinoids from industrial hemp, adhering to federal guidelines laid out in the 2018 Farm Bill.
Along with carefully extracted cannabinoids, our hemp products are made with clean, premium ingredients, and each of our THC gummies undergoes rigorous third-party testing to verify safety, quality, and accuracy in every batch, helping you enjoy THC gummies responsibly and with confidence in their compliance and quality.
The bottom line
Understanding the federal law around hemp-derived and cannabis-derived THC is essential for those considering THC edibles, and educating yourself about THC gummies and hemp-derived wellness products provides peace of mind and empowers you to make choices that align with your values.
If you’re interested in exploring high-quality hemp-derived products, we invite you to explore our range of carefully crafted CBD products at Sunmed, designed with transparency and consumer wellness at the forefront.
*This statement has not been evaluated by the Food & Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.
Sources:
Tetrahydrocannabinol - an overview | ScienceDirect Topics
The endocannabinoid system: Essential and mysterious Harvard Health