Dear Stoner: Regular Delta-8 user here. I’m familiar with all that stuff, but I saw Delta-9 THC gummies for sale online from a very big CBD company. Isn’t Delta-9 THC quite illegal?
Pavement

Dear Pavement: Hemp’s federal legalization opened a number of loopholes, and buying weed gummies online is one of the more noticeable quagmires. Most of these gummies are made with Delta-8 THC, a form of modified CBD, as an attempt to skirt the Controlled Substances Act, which only mentions Delta-9 THC. But Delta-8 isn’t quite as intoxicating as Delta-9, so some hemp product makers have gotten even bolder with their CBD conversions.
Go to the website of cbdMD, one of the bigger online CBD brands, and you’ll find gummies that are touted as having 10 milligrams of Delta-9 THC per serving. That’s pretty much the same as what you’ll find for sale in marijuana dispensaries, but because these hemp companies are measuring by weight, they claim to test under the federal hemp limit of 0.3 percent THC, making them compliant with federal laws.

We doubt the DEA agrees, but it’s done little to combat the practice so far. The loophole has started a brewing battle between the hemp and marijuana industries, which is playing out in Colorado right now.

Send questions to [email protected]