Delta 8 has been a hot topic for the past couple years. If this is your first time hearing about Delta 8 or Delta-8 THC, we will give you a quick rundown. Like Delta-9 THC, Delta 8 is also a cannabinoid, but derived from industrial hemp instead of marijuana. When you consume Delta 8, you also get high just like Delta 9, but the psychoactive effects are not as strong. In the United States, Delta 8 has been assumed to be legal due to a federal ruling that occurred back in 2018 known as the 2018 Farm Bill. Since then, more and more Delta 8 products have become popular among the masses. Now, states across the country have taken it into their own means to create local state legislation regulating Delta-8 THC and hemp derived products. Before ever consuming Delta-8 THC, make sure to do your best research into your local laws in order to know whether or not Delta 8 is legal for you to consume. In the state of California, it is safe to say that Delta 8 is here to stay.
Is Delta 8 Legal in 2022?
Last week, a federal appeals court overseeing several western states including California, ruled Delta-8 THC and all cannabinoids derived from hemp as legal such as long as they follow the 2018 Farm Bill. From the United States Court of Appeals for the Ninth Circuit, it was ruled in a 3-0 unanimous decision that Delta-8 THC is generally legal under Federal statute. As of now, the court is remaining silent on any regulation of Delta 8, as well as any other cannabinoid or cannabis product such as long as it contains less than 0.3% Delta-9 THC by weight. Keep in mind, the Ninth Circuit Court of Appeals only oversees a handful of regions, and as previously mentioned, it is wise to stay current in your local laws to know whether or not Delta 8 or any other cannabinoid is legal for you to purchase and consume.
Delta-8 THC Can Get You High
Like Delta-9 THC, Delta 8 can also give you psychoactive effects. Delta-9 THC, the cannabinoid known to give you the high associated with marijuana, however, is reported to be stronger than Delta 8. Delta-8 THC is known to be slightly less psychoactive, allowing consumers to feel more in tune with their senses, and less foggy in the mind. For many people, Delta 8 is more of a body high, and provides a deep sense of relaxation. When compared to D9, Delta-8 THC is more tolerable for many people, and doesn’t get you anxious or paranoid when you have used too much.
Unlike Delta 9, Delta 8 is not found in abundance in cannabis plants. Most if not all D8 oil is created from CBD extracted from hemp. It is extremely rare that you will find a case where Delta 8 THC is extracted directly from cannabis. Nonetheless, Delta-8 is still hemp derived due to this process, which is why it remains legal. Despite the current state of Delta-8 THC as well as all of the other lesser known cannabinoids that are derived from hemp as all being seen as federally legal, that does not beat it from facing criticism.
Controversy over Delta 8
There is great debate over whether or not Delta 8 should be regulated. The high from Delta 8 is undeniable, and because of that, the argument for regulating Delta 8 is at large. Since its legal presence arising from the 2018 Farm Bill, states across the country have, as previously mentioned, taken the situation into their own hands and have created state legislation regulating Delta 8 and other lesser known cannabinoids. Just recently, the state of Colorado created a regulation on the sale of Delta 8 until they feel a greater understanding of Delta 8 has been made.
Legislators and many politicians agree that the development of the 2018 Farm Bill was solely intended to allow for the production of hemp to be used as a “non-intoxicating agricultural opportunity.” The fact that there are products that are derived from hemp and get you high is a concern that sparks the controversy over whether or not Delta 8 should be more regulated.
Is Delta 8 Legal in California?
As of now, Delta 8 remains legal in California. But how did we get here? Why are we discussing the legality of Delta 8 now? The reason why the 9th Circuit Court of Appeals had to create a ruling was due to a dispute between two parties in a trademark infringement case.
In Los Angeles, a cannabis distribution company known as Boyd Street Distro was brought into court due to a claim made by the company AK Futures. It was brought to the attention of AK Futures that Boyd Street Distro was distributing counterfeit Delta 8 products with AK Futures’ trademarks, which resulted in the trademark infringement case. When brought into court, Boyd Street Distro defended their stance by stating that Delta-8 THC is federally illegal, and thus is not protected by trademark infringement laws.
This case is when the court of appeals began to take place. As we already know, the court ruled that Delta-8 THC is in fact legal, and referenced the 2018 Farm Bill as its reason. It seems at this point, the court is taking the wisdom brought by Congress to set this final ruling. However, it is also important to note that if Congress did not intend to legalize Delta-8 in the 2018 Farm Bill, then it is in the opinion of the court to have Congress amend their laws.
Will Congress Act?
Many lawyers agree that the fact that Delta 8 causes psychoactive effects is of great concern. Many suggest that the only way to further regulate hemp derived products is to fully legalize all cannabis on a federal level once and for all. By fully legalizing cannabis across the United States, the federal government will then be able to create regulations for all cannabis products including all cannabinoids that can be deemed intoxicating.
As of now, the development of Delta 8 and lesser known cannabinoids derived from hemp is critiqued by many as the product of a lack of federal regulation. The DEA is tasked with figuring out what is legal and illegal in an unregulated and undefined market. This is the primary reason as to why cannabis, both hemp and marijuana, should be fully legalized such that the government can create greater safety measures for consumers.
At Mints, we understand that safety is everyone’s greatest concern for when it comes to knowing what you are consuming. That is why we lab test our products with DEA registered testing facilities to ensure that you are receiving the highest quality possible. All of our CBD and Delta 8 are carefully sourced and free of additives. In our pods, we only use two ingredients: Delta 8 and high quality terpenes.
We hope you have been able to learn more about the legalities behind Delta-8 THC. The law around Delta 8 and all hemp derived cannabinoids are constantly changing, especially from state to state. The uncertainty for knowing whether or not your hemp derived products are safe will remain until all cannabis products federally legalized. Until then, we ill be doing our best to make sure we are providing only high quality products with as much transparency as possible. If you would like to learn more about Delta 8 and cannabis, check out our blog for more information!
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