Delta 8 THC in California: Is it Legal?
Delta 8 THC is a cannabinoid found organically in the hemp plant that has seen a rapid expansion in popularity nationwide due to its promising applications in both the medical and recreational fields. While Delta 8 THC might feature familiar properties to Delta 9 THC, better known as the main chemical in marijuana, it has generally less potency and a completely different effect on its users.
But now you ask is Delta 8 THC legal in California?
Related article: What is Delta 8 THC?
Yes, Delta 8 THC is legal in California
As of today 09/22/2021, Delta 8 THC is legal according to California state law. Like the federal law, California has legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta 9 THC.
California has very similar takes on hemp laws in the state, much like Delta 8 THC in Oregon. We'll probably see these laws stay relatively unchanged but it's always a good idea to keep up with them.
Here are the official laws:
CALIFORNIA INDUSTRIAL HEMP LAW DIVISION 24, TITLE 3, DIVISION 4, CHAPTER 8
(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.
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.)
While Delta 8 THC might be legal in California, we will not be selling our product in that state for the time being. We have been attempting to work with this state the past few years, both on the CBD and Vapor side of our business but have been met with harsh complicated tax issues, Prop65 compliance and overall a regulatory nightmare of a landscape to do business within, to the point where we have severed ties completely.
If you too want to see a change in those barriers to entry, we encourage you to make your voice heard to local and state lawmakers.