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04 Feb 2022

Delta 9 THC: Isn't it illegal? What's the scoop?

You might have recently noticed that there are some Delta 9 THC products on the shelves at Nuts ‘n Berries.  This might have left you wondering how that can be. Isn’t Delta 9 illegal?

The short answer is... sort of.

Delta 9 THC is the main cannabinoid found in marijuana and is the main cannabinoid responsible for the “high” feeling one gets when consuming cannabis. It is also federally illegal to possess and consume high THC cannabis and its highly regulated in states where it is legal. Confused, yet?

In December of 2018, the 2018 Farm Bill was passed making Cannabis Sativa plants with Delta 9 THC levels at or below 0.3% in dry weight LEGAL to grow, possess and formulate into consumer products. They call these plants HEMP.  You know of CBD, the other now famous cannabinoid; it's abundant in these hemp plants.  But, Delta 9 THC does still exist in these legal plants, just in small quantities. And because the Delta 9 that comes from the legally grown hemp plant is at or below the 0.3% threshold, it is also then technically legal. 

In 2019 and 2020 there was an overabundance of hemp grown in our country. So much so that the prices dropped drastically and growers and processors had to get creative in order to move product or go out of business. This brought rise to Delta 8 THC. They found that they could perform a rather simple chemical process to CBD isolate (which they had tons of) to turn it into Delta 8 THC, then create products and legally sell to the consumer.  And the bonus, Delta 8 THC got people high! 

Nuts ‘n Berries began selling Delta 8 in the fall of 2020 after sending every product we could find to the labs to get tested for cannabinoids and contaminants.  The result was a carefully curated, clean offering.  Then in the fall of 2021, Luna CBD began developing a Delta 8 gummy from naturally occurring Delta 8 (not manufactured like 95% of Delta 8 products) and those products are now on the shelves at Nuts ‘n Berries and select health food stores around the country.

The majority of consumers new to cannabis love Delta 8 because it has a much more mild effect and with just one gummy you can ease anxiety, stress and body aches.  But several manufacturers are still pushing the envelope to develop LEGAL Delta 9 gummies.  But how?

Well remember, the law states 0.3% or less Delta 9 by weight!  If a gummy is 5 grams and there are 10mg of Delta 9 in the gummy, that is 10mg/5000mg (5g [the weight of the gummy] =5000mg) or 2% by dry weight. For reference, the max amount of Delta 9 THC for a 5g gummy is 15mg.  And THUS, you get a legal Delta 9 gummy. The Delta 9 in all of the gummies we sell is fractionally distilled from organic hemp grown in the USA.  While this might not be the case for all of the Delta 9 being sold in the hemp industry, it is for Nuts 'n Berries.

So there you have it.  Now you have one more tool to manager your health.  Below are a list of the products on our shelves now being marketed as legal Delta 9:


  • PlusCBD Reserve – We sell a 25mg CBD: 2.5mg THC (delta 9) product in the gummy and tincture format.  If you take 2 gummies, you will feel it.  If you take one, you can microdose over the course of the day to control acute inflammation issues.


  • Space Gods Legal D9 Gummies - 15mg CBD: 15mg THC (delta 9) – one will do it!


  • Tillmans Legal D9 with terpenes! – 12mg THC (delta 9) – one will do it!


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