At Liberty13, we believe transparency matters — especially when it comes to hemp-derived THC. One of the most common questions we hear is: “How is this federally legal?”
It’s a fair question. THC is widely associated with marijuana, and marijuana remains federally illegal. So how can hemp-derived THC beverages be sold legally? The answer comes down to one important legal distinction: hemp vs. marijuana — and a federal law passed in 2018. Let’s break it down in simple terms.
Hemp vs. Marijuana: What’s the Legal Difference?
Both hemp and marijuana come from the cannabis plant species Cannabis sativa. The legal difference has nothing to do with how the plant looks — it comes down to how much Delta-9 THC it contains.
Under federal law:
• Hemp = Cannabis containing 0.3% Delta-9 THC or less by dry weight
• Marijuana = Cannabis containing more than 0.3% Delta-9 THC by dry weight
That 0.3% threshold is the legal dividing line. If a product is derived from hemp and stays at or below 0.3% Delta-9 THC concentration, it qualifies as federally legal hemp.
The 2018 Farm Bill: Why Hemp THC Became Legal
The Agriculture Improvement Act of 2018 — commonly called the 2018 Farm Bill — changed everything. This legislation removed hemp from the federal Controlled Substances Act, legalized hemp and hemp-derived cannabinoids, allowed nationwide cultivation of hemp, and permitted the sale of hemp-derived products containing up to 0.3% Delta-9 THC. Before 2018, all cannabis varieties were federally restricted. The Farm Bill created a legal category specifically for hemp.
How Can Hemp-Derived THC Products Be Legal?
Federal law limits THC concentration, not the total milligrams per package. The key phrase is: “0.3% Delta-9 THC by dry weight.” Because beverages and edibles weigh more than raw cannabis flower, they can contain small, carefully measured amounts of hemp-derived Delta-9 THC while remaining under the 0.3% concentration limit.
For example, a hemp-derived THC beverage may contain a low, intentional dose of Delta-9 THC. As long as the total THC does not exceed 0.3% of the product’s dry weight, it meets the federal definition of hemp.
Is Hemp-Derived Delta-9 THC Different From Marijuana THC?
Chemically, no. Delta-9 THC from hemp and Delta-9 THC from marijuana are molecularly identical. The difference is strictly legal — it depends on the source plant (hemp vs. marijuana) and the THC concentration level.
Does Federally Legal Mean Legal in Every State?
Not necessarily. While hemp-derived THC is federally legal under the 2018 Farm Bill, individual states can create their own regulations. Some states allow hemp-derived THC beverages and edibles, regulate them similarly to alcohol, restrict certain cannabinoids, or ban intoxicating hemp products entirely. Regulations continue to evolve, so availability can vary by location.
The Bottom Line: Why Hemp-Derived THC Is Federally Legal
Hemp-derived THC is federally legal because:
1. It is sourced from hemp (not marijuana)
2. It contains no more than 0.3% Delta-9 THC by dry weight
3. The 2018 Farm Bill legalized hemp and its derivatives
Understanding these distinctions helps clarify why hemp-derived THC beverages can be sold in many parts of the United States — even in places where marijuana remains illegal.
Why Liberty13 Cares About Legal Clarity
At Liberty13, transparency isn’t marketing — it’s a responsibility. The hemp-derived THC market is evolving quickly, and confusion around federal legality is common. That’s why we prioritize federally compliant hemp sourcing, formulations that meet the 0.3% Delta-9 THC standard, clear labeling and responsible dosing, and ongoing monitoring of regulatory changes.
We believe adults deserve a modern alternative to alcohol — one that’s crafted with precision, compliance, and education at the forefront. Understanding why hemp-derived THC is federally legal isn’t just about policy. It’s about trust. And trust is something we take seriously at Liberty13.
