Is Delta-8 Legal in California?

September 17, 2024

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Written by Cole Stegman

September 17, 2024

·

Written by Cole Stegman

Delta-8-tetrahydrocannabinol (Delta-8 THC) is a cannabinoid found in cannabis plants that has gained popularity for its milder psychoactive effects compared to Delta-9 THC. However, the legal status of Delta-8 is complicated and varies by state. This article will explore whether Delta-8 is legal in California and what consumers and businesses need to know.

Federal Delta-8 Laws and Their Impact on California Legislation

Delta-8 THC's federal legality comes from the 2018 Farm Bill, which legalized hemp-derived cannabinoids containing less than 0.3% Delta-9 THC. However, despite federal law, California has placed additional restrictions on Delta-8 THC. These restrictions ensure that Delta-8 products cannot be sold unless they meet the same rigorous standards as other cannabis products sold in licensed dispensaries.

Delta-8 Laws in California: What You Need to Know

Current Legal Status
Delta-8 THC is illegal in California unless it is sold through a licensed cannabis dispensary. The state’s Assembly Bill (AB) 45 redefined THC to include Delta-8 and excluded hemp-derived Delta-8 products from the legal definition of hemp, effectively banning its sale outside licensed cannabis stores.

Comparison with Delta-9 THC Laws
While Delta-9 THC is fully legal for both medical and recreational use under state regulations, Delta-8 remains restricted due to safety concerns and the unregulated nature of its production. Delta-9 products can be purchased through licensed dispensaries, whereas Delta-8 products cannot be sold unless they are regulated like cannabis.

Penalties for Non-Compliance
Selling or distributing Delta-8 THC products in California without proper licensing can lead to fines and other legal consequences. The state treats violations involving unlicensed Delta-8 sales as seriously as those related to unlicensed cannabis sales.

Why Is Delta-8 THC Illegal in California?

California's restrictions on Delta-8 THC stem from concerns over the unregulated production process used to synthesize the compound, along with its psychoactive properties. State law aims to protect consumers by regulating Delta-8 THC similarly to Delta-9 THC, ensuring product safety and proper labeling.

Legal Alternatives to Delta-8 THC in California

Delta-9 THC Products
Californians can legally purchase Delta-9 THC products for both medical and recreational use through licensed dispensaries. These products come in a variety of forms, such as edibles, tinctures, and vaporizers.

CBD Products
Hemp-derived CBD products containing less than 0.3% Delta-9 THC are also legal in California. These products offer a non-psychoactive alternative for consumers looking for therapeutic benefits without the high associated with THC.

Staying Informed: Legal and Compliance Updates

As cannabis laws continue to evolve, it's important to stay informed about any changes to Delta-8 THC regulations in California. Regularly checking updates from the Department of Cannabis Control (DCC) will help ensure compliance with the state’s cannabis laws.

Conclusion

Delta-8 THC is currently restricted in California and can only be sold through licensed cannabis dispensaries. Consumers and businesses should explore legal alternatives, such as Delta-9 THC or hemp-derived CBD products, to avoid legal trouble.

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