Delta 8 Legal Products
In California, delta-8-THC is
against the law. It's not clear if it's totally illegal or just regulated, but
the law seems to say that hemp-based products with more than 0.3% of any kind
of THC are illegal. Let’s find out if delta 8 legal in California?
8 THC Laws in California Delta
Bill AB-45 became a law on
October 6, 2021. The bill made it legal to use CBD in supplements, foods,
drinks, and beauty products. CBD companies did very well. But the bill also
seems to close the hole that made delta-8 THC from hemp legal. First, the bill
changed the definition of THC so that it included delta-8 and other types of
THC:
Any tetrahydrocannabinol,
including, but not limited to, Delta-8-tetrahydrocannabinol,
Delta-9-tetrahydrocannabinol, and Delta-10-tetrahydrocannabinol, no matter how
it was made. However, the department may exclude one or more isomers of
tetrahydrocannabinol from this definition under subdivision.
The AB-45 bill in California
At first glance, it seems like
California wants to regulate delta-8 THC the same way it regulates delta-9 THC,
which means it will only be sold in licensed dispensaries. But another part of
the bill says that hemp products can only be sold if: In its final form, the
industrial hemp raw extract does not have more than the amount of THC that the
department says is okay, or the mass of industrial hemp extract used in the
final product does not have more than a THC concentration of 0.3%.
The AB-45 bill in California
In other words, hemp products
can't have more than 0.3% THC (or an amount set by the state's regulatory
bodies) in any form. This means that delta-8 THC products made from hemp are
basically illegal. It's not clear if California wants to make delta-8
completely illegal or just control it like cannabis for adults. No matter what
happens, we've heard that you can still easily buy delta-8 products in
California, even though many online brands no longer ship to the state.
What is THC Delta 8?
Delta-8-THC stands for
delta-8-tetrahydrocannabinol. It is a type of THC, the part of cannabis that
makes you feel high. Delta-8 is a minor cannabinoid. It is made by cannabis
plants on their own, but only in tiny amounts. This is why CBD from hemp is
used to make D8 instead. Delta-8-THC is similar to delta-9 THC. Because their
molecular structures are almost the same, they have the same effects. This
means that delta-8 can make you high, make you feel good, and cause other
effects that are usually caused by THC and cannabis. Delta-8 THC, on the other
hand, is only about 66% as strong as delta-9 THC, so it is less likely to cause
side effects.
Why Delta 8 THC is legal un USA?
Because of a loophole,
delta-8-THC is legal in the United States. The 2018 Farm Bill made hemp and
products made from hemp legal, but they can't have more than 0.3% delta-9 THC. But
there is nothing about delta-8 THC in the bill. Since CBD from hemp can be used
to make delta-8, it can be said that it is legal.
Delta-8 THC is against the law in some states.
Each state can make its own rules
about delta-8-THC if it wants to. Because Delta 8 has effects like regular THC,
some states choose to ban or regulate it. Delta-8 THC is currently against the
law in 13 states: Alaska, Colorado, Delaware, Idaho, Iowa, Montana, New York,
Nevada, North Dakota, Rhode Island, Vermont, Utah, and Washington.
Delta 8 THC's Future in California
At the moment, it looks like
delta-8 products made from hemp are illegal in California, but we don't know
for sure. They are still sold in many shops. In the coming months, we can
expect more statements from the California state government that will hopefully
clear things up. It's possible that the state will decide to add delta-8 to the
rules for cannabis use by adults that are already in place. That means you can
only buy delta-8 products from a licensed dispensary.
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