Hemp-Derived Delta-9 THC: Is It Legal? How Does It Work?
Hemp-derived Delta-9 THC is federally legal under the 2018 Farm Bill, but the details matter. Here is how it works, why it is legal, and what you should know before buying.
One of the most common questions we get is: "How can a 100mg THC gummy be legal?" The answer lies in the 2018 Farm Bill and some straightforward math.
The 2018 Farm Bill
The Agriculture Improvement Act of 2018 — commonly called the Farm Bill — removed hemp from the federal Controlled Substances Act. It defined legal hemp as Cannabis sativa with no more than 0.3% Delta-9 THC by dry weight.
The key phrase is "by dry weight." This means the THC is measured as a percentage of the total weight of the finished product, not as an absolute amount.
The math behind compliance
A product weighing 35 grams can legally contain up to 105mg of Delta-9 THC (35,000mg x 0.003 = 105mg). So a gummy bar that weighs 35 grams or more can contain 100mg of THC and remain under the 0.3% threshold.
This is not a loophole — it is the plain text of the law. The Farm Bill does not set a cap on total milligrams per product. It sets a concentration limit. Heavier products can contain more THC while remaining compliant.
Is it the same THC?
Yes. Delta-9 THC derived from hemp is chemically identical to Delta-9 THC from marijuana. The molecules are the same. The legal distinction is about the source plant (hemp vs. marijuana) and the concentration in the final product.
State-level considerations
While hemp-derived Delta-9 THC is federally legal, some states have enacted their own restrictions. A handful of states ban or limit hemp-derived THC products. Before purchasing, check your state laws. Moss Holm ships to states where hemp-derived THC edibles are permitted under both federal and state law.
What to look for in a legal hemp THC product
Quality matters even more in a young, evolving market. Look for products that provide a Certificate of Analysis (COA) from an independent third-party lab, clearly state the total THC content per product and per serving, list all ingredients, and are made by brands willing to be transparent about their sourcing and manufacturing.
Every batch of The Macro Bar is third-party tested for potency, purity (including heavy metals, pesticides, and residual solvents), and compliance.
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