Is Delta 10 Legal?

The complete breakdown of Delta 10 legality in the USA

A hemp plant, which was legalized to produce in 2018



Is Delta-10 legal federally?


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Delta-10 is Legal Federally

Delta 10 THC is the new kid on the block when it comes to hemp derived THC. Delta-10 is federally legal in the USA due to the same law that legalized Delta 8: the 2018 Farm Bill.

State laws of course supercede Federal when it comes to hemp products, but legal Delta-10 is codified in most state laws as well. Scroll down to see the list if states in "IS DELTA-10 LEGAL IN YOUR STATE?"

On the federal level, all derivatives, isomers, and cannabinoids in hemp are legal under the 2018 Farm Bill as long as the product for sale contains less than 0.3% of Delta-9 THC.

A man wearing a backpack enjoying smoking from a delta 10 vape


(1) HEMP.—The term ‘hemp’ means 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.

Top Selling Δ10 Products

Federal Analogue Act

 You may have also wondered about the Federal Analogue Act, and how that affects the legality of Delta-10. The Federal Analogue Act falls under the Controlled Substances Act, and mentions hemp derived THC products.

Reviewing the 2018 Farm Bill, you can see that it also added an amendment to the Controlled Substances Act. The amendment excludes all THC found in hemp from the Controlled Substance Act.



(a) IN GENERAL.—Section 102(16) of the Controlled Substances Act (21 U.S.C. 802(16)) is amended—

(1) by striking ‘‘(16) The’’ and inserting ‘‘(16)(A) Subject to subparagraph (B), the’’; and

(2) by striking ‘‘Such term does not include the’’ and inserting the following:

‘‘(B) The term ‘marihuana’ does not include

‘‘(i) hemp, as defined in section 297A of the Agricultural Marketing Act of 1946; or

‘‘(ii) the’’. (b) TETRAHYDROCANNABINOL.—Schedule I, as set forth in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)), is amended in subsection

(c)(17) by inserting after ‘‘Tetrahydrocannabinols’’ the following: ‘‘, except for tetrahydrocannabinols in hemp (as defined under section 297A of the Agricultural Marketing Act of 1946)’’.