Each state has its own rules and regulations when it comes to cannabinoids, which includes recently available Delta 8. But what is Delta 8? What are the laws surrounding it? And what does California state law say about Delta 8?

Delta 8

The first thing to define is what Delta 8 is. Delta 8 is a psychoactive cannabinoid that creates a sense of euphoria in its consumers. It can also help ease anxiety and depression according to consumers and research that has been conducted in recent years. 

Delta 8 was discovered a few decades ago, but has been considered an illegal substance up until recently. This means any research done is incredibly limited and typically comes from outside of the US. There is still much to learn about Delta 8. But what is reported by scientists and consumers has been positive. 

Federal Law

It wasn’t until recently that Delta 8 became readily available for the general public. In 2018, the USDA passed the Farm Bill, which reclassified various cannabis and hemp products. According to the bill, as long as a product doesn’t contain more than 0.3 percent of Delta 9, then it is legal to sell. Delta 9 is the main psychoactive cannabinoid that creates the sense of euphoria that consumers strive for when they consume cannabis. Since Delta 8 is structurally different from Delta 9, it is legal to sell to the general public because it doesn’t contain any Delta 9. However, Delta 8 isn’t legal in all 50 states. There are different sets of laws in place.

California State Law

Sometimes, state laws can be a little confusing. Like California State Law. According to the law, hemp and Delta 8 are legal within the state. The law specifically states: 

“‘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

“‘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.”

Delta 8 is considered industrial hemp. It contains less than 0.3 percent of Delta 9. The wording can seem a little strange but the law basically says that as long as the industrial hemp, which Delta 8 is classified as because it contains less than 0.3 percent of Delta 9, then it is legal to consume and sell within the state. 

State and Federal laws are always subject to change, so always make sure to research before you purchase and consume Delta 8. Make sure to check back for more cannabis and hemp related news.