Is Delta-10 Legal In Pennsylvania?

THC offers a range of benefits to those who use it. In Pennsylvania, people with qualifying medical conditions can obtain medical marijuana cards, and then legally purchase THC cannabis products for wellness.

Most THC products are Delta-9. But, Delta-10 THC is increasingly popular, due to its relatively reduced psychoactive intensity compared to Delta-9.

Though it’s less studied, Delta-10 seems to offer many of the wellness and mood benefits of Delta-9, while offering a “high” that allows more focus and energy. 

Despite its benefits, the legal status of Delta-10 THC is often confusing. In this guide, the cannabis experts at Hippie & French examine the nature and legality of this unique THC product. 

What Is Delta-10?

Delta-10, much like Delta-8 and Delta-9, is a form of the compound Tetrahydrocannabinol (THC). Like other forms of THC, it’s a molecule that occurs naturally in the cannabis plant. 

THC is a cannabinoid, a cannabis-derived compound that causes psychoactive effects. It can be used to get “high,” and significant evidence indicates it can be used to treat certain physical and mental health conditions. 

While THC can offer benefits to a person’s well-being, its psychological effects pose more risks than non-psychoactive cannabinoids like CBD. So, different THC compounds are regulated more strictly than CBD alone. 

The difference between the distinct THC molecules are their structures and attachments. All versions of THC are structured molecular combinations of carbon, hydrogen, and oxygen in the ratio C21H30O2. But, each version of the THC molecule is arranged and structured differently.

So, Delta-10 THC is a variant molecule with a double bond in the 10th position, while Delta-9 is a variant with bonds in the 9th position. This change renders Delta-10 molecules 60% to 70% less potent, in terms of the chemical’s effect, than Delta-9 THC. 

Moreover, Delta-9 is, by far, the most common molecular structure of naturally occurring THC in cannabis. As a result, most Delta-10 THC can’t be easily harvested from cannabis plants. Instead, most developers use a chemical conversion process to change other cannabis compounds into Delta-10.

How Is Delta-10 Produced?

Most Delta-10 is created synthetically, in laboratories. It’s the end result of a chemical process that permanently transforms CBD into different THC variants. 

That said, though cannabis plants typically naturally contain only very small quantities of Delta-10, it’s still possible to extract these natural THC variants using solvents.

Transforming CBD Into Delta-10 THC

Creating Delta-10 from CBD is a complex process, and it’s incredibly challenging (if not impossible) to DIY at home. 

Erik Paulson is a Senior Analyst at a cannabis and cannabis-derivatives testing facility in California. In an interview with Cannabis Business Times, Paulson explains that Delta-10 THC is produced through extraction, or a chemical conversion process called “isomerization.” Isomerization transforms other Cannabis substances (typically “delta-9 or CBD”).

In the Cannabis Business Times piece, the president of a hemp testing and manufacturing company, Private Label Hemp Lab, explains how isomerization transforms CBD into Delta-10 in greater detail: 

“You can create any delta…by chemically altering CBD isolate or CBD crude. If you’re using crude CBD, you’ll generally create the reaction through carbon and vitamin C derivatives. If you’re using an isolate, you’ll incorporate solvents and acids.” 

In essence, Delta-10 THC is most often produced by altering CBD on a molecular level in a lab.

Legality of Delta-10 THC In PA

Federal Regulations Vs. Pennsylvania State Law

First, know that Delta-10, like all forms of THC, is classified as a Schedule 1 drug by the U.S. Drug Enforcement Administration. 

While the DEA has been working to reclassify cannabis derivatives as Schedule 3, at present, anyone using or possessing THC on federal land (like the Allegheny National Forest), or taking it across state borders, could be charged with a federal drug offense.

That said, a person is not committing a federal offense if their THC falls within the parameters set by the 2018 Farm Bill. This bill redefined “hemp” as a separate good and reclassified it as an uncontrolled substance, not subject to DEA regulation. 

Per the bill, hemp is “the plant Cannabis sativa L. and any part of that plant…with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.” 

Notably, this new description didn’t mention delta-10 THC. The redefinition likewise officially legalized CBD federally. This left the door open to a potential, federally legal way to create, sell, and use Delta-10 THC converted from CBD. 

DEA Differentiates Delta-10 THC From THCO

In February of 2023, the DEA clarified that Delta-10 THC derived from hemp (specifically, from hemp-based CBD) is legal to sell under the 2018 Farm Bill. However, synthetic THCO is not. 

Medical Delta-10 THC Legal In Pennsylvania, But Not In All PA Jurisdictions

According to the Pennsylvania State Hemp Plan, and in compliance with the Pennsylvania Medical Marijuana Act, Delta-10 THC is legal for medical use. 

However, certain police jurisdictions in PA prohibit the sale of Delta-10 THC to medical marijuana users, only authorizing Delta-9. This prohibition has caused confusion and controversy. 

Lancaster Police Department Prohibits Delta-10, Interpreting 1972 State Law

In 2023, Lancaster Police seized $290,000 worth of Delta-8 and Delta-10 THC products from 25 different stores and dispensaries. The police department cited Pennsylvania’s Act 64, also known as the Controlled Substance, Drug, Device, and Cosmetic Act. 

The Lancaster County Drug Task Force and District Attorney’s Office contend that “Delta eight and Delta ten are both illegal in the state of Pennsylvania,” according to Lancaster Online reporter Jack Panyard.

Panyard relayed this information from the Lancaster district attorney when covering the police seizure story. Lancaster PD asserts only Delta-9 THC has been legalized for medical use. 

In Panyard’s report, Lancaster DA references a 1972 Pennsylvania identifying controlled substances, which the DA argues classifies the “strain” of THC now known as Delta-10 as an illegal, controlled substance. 

Delta-10 Is Not Legal For Recreational Use In PA

Recreational marijuana and THC use is not legal in Pennsylvania. This is as true for Delta-10 THC as it is for every other structure.

THC Drug Testing: How Long Does Delta-10 Stay In Urine?

If you only use Delta-10 THC occasionally, it should only remain detectable in your urine for three days or fewer. 

However, the more frequently you use Delta-10 THC, the more of the substance builds up in your body’s fat cells. This makes it detectable for longer amounts of time. 

In a reputable 2017 analysis, pharmaceutical scientists discovered taking a standard dose of THC about 4x weekly will leave traces in your urine for 5-7 days afterward. 

Daily THC use is detectable in urine for 10 – 15 days. 2x daily use (or more) leaves THC remnants in urine for over a month. 

This holds true regardless of the molecular configuration of the THC you use. 

The Best Way To Get Legal Delta-10—and Other THC Products—In Pennsylvania 

When it comes to medical THC, the curators at Hippie & French can get you exactly what you need. In our store, we can offer you a hand-picked selection of artisan, high-quality cannabis products to choose from. 

Check out our shop at 5122 Butler St. Pittsburgh, PA 15201, from 11:00 to 7:00 every day of the week. Or, order from our online store or by phone: (412) 407-9287.