Is Delta-8 THC Legal in California?
Yes, Delta-8 is LEGAL in California
This information is intended for general use only and not to replace legal advice. We encourage you to read our legal disclaimer and consult with an attorney for the most current information in your state. By using this site, you agree to our terms and conditions.
What is Delta-8 THC?
Delta-8 THC is a type of cannabinoid found in cannabis plants that has been shown to have anti-inflammatory effects, making it an alternative for people who are allergic or sensitive towards traditional painkillers. But before you try this chemical substance with no understanding what the side effects may be like, make sure you know exactly what delta-8 THC really means and how it might affect your health!
What is the Difference Between CBD and Delta-8 THC?
You may want to know the difference between delta-8, delta-9, and CBD. Delta-8 isn't as potent or intoxicating like delta-9 THC found in marijuana but it still has an effect on your body when consumed. On the contrary though is CBD which doesn’t have any type of high feeling associated at all due to being non-psychoactive.
How is Delta-8 THC Related to Cannabis and Hemp?
There are many different types of cannabis, but the main difference is in concentration. The three species that comprise it-Cannabis sativa Cannabis indica and Cannabis ruderalis each have their own unique varieties with varying potencies depending on how much THC or CBD they contain.
The Farm Bill has officially legalized hemp-derived products containing small amounts of THC. As such, there was a legal loophole created when it comes to delta-8 THC. This means that these new drugs are now available in most states, even if marijuana is still illegal; however many states have begun creating frameworks and regulations for the legality of this specific type of drug.
Why are Some States Banning Delta-8 THC?
The answer is a bit complicated, but it boils down to the psychoactive compounds of cannabis being illegal in others and competition for fledgling marijuana businesses. Until there's an official regulatory framework governing these products altogether, many other states will continue their ban on it as well.
The Farm Bill has officially legalized hemp-derived products containing small amounts of THC. As such, there was a legal loophole created when it comes to delta-8 THC. This means that delta-8 THC products are now available to consumers in most states, even if marijuana is still illegal. However, many states are beginning to create a legislative and regulatory framework to address the legality of delta-8 specifically.
As of 5/2021, delta-8 THC is LEGAL in California under California Industrial Hemp Law Division 24, Title 3, Division 4, Chapter 8.
The law reads as follows:
(a) For purposes of this division, the following terms have the following meanings:
(6) “Industrial hemp” or “Hemp” means an agricultural product, whether growing or not, that is limited to types of the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, the resin extracted from any part of the plant, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta-9 tetrahydrocannabinol concentration of no more than 0.3 percent on a dry weight basis.
(9) “THC” means delta-9 tetrahydrocannabinol.
With additional information addressed in Chapter 1 of the Division 10 Uniform Controlled Substances Act.
DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT
CHAPTER 1. General Provisions and Definitions [11000 – 11033]
11018. “Cannabis” means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include either of the following:
(a) Industrial hemp, as defined in Section 11018.5.
(b) The weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product.
(Amended by Stats. 2017, Ch. 27, Sec. 115. (SB 94) Effective June 27, 2017. Note: This section was amended on Nov. 8, 2016, by initiative Prop. 64.)
11018.5. (a) “Industrial hemp” means a crop that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of 1 percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom.
(b) Industrial hemp shall not be subject to the provisions of this division or of Division 10 (commencing with Section 26000) of the Business and Professions Code, but instead shall be regulated by the Department of Food and Agriculture in accordance with the provisions of Division 24 (commencing with Section 81000) of the Food and Agricultural Code, inclusive.
(Amended by Stats. 2018, Ch. 986, Sec. 8. (SB 1409) Effective January 1, 2019. Note: This section was amended on Nov. 8, 2016, by initiative Prop. 64.)
Buy Delta-8 THC Online
There are many benefits to buying delta-8 THC products online. First, it is discreet and you don't have to worry about anyone seeing the product or asking questions. Second, it's cheaper than buying in a store because they have expensive overhead costs like labor, rent, utilities and taxes that drive up the price of their products. Third, your order will be delivered right to your door so you can enjoy your delta-8 gummies from home. We also offer great deals on an exquisite line of CBD products.