Delta-8 THC is a compound that occurs naturally in cannabis and hemp plants. It has become a popular alternative to delta-9 THC and marijuana, but there is often confusion over the specific rules for delta-8 and the legality of recreational use.

Federal law has made delta-8 legal, but each state can still enact its own legislation, and some states have restricted or highly regulated use. Where does California stand on this issue? Despite having relatively lax marijuana laws compared to other states, California’s delta-8 THC regulations are stricter than many other jurisdictions. Numerous states have imposed no additional restrictions on delta-8 above and beyond federal guidelines, but California is not part of this group.

Is Delta-8 Legal in California?

The 2018 federal Farm Bill was enacted to legalize hemp for industries like manufacturing and medicine, but it also created an opening for the recreational THC market. Numerous states have chosen not to enact any legislation regarding delta-8, which means the federal law stands as it is. Some states have chosen to completely restrict this THC product and make it illegal. California has opted to regulate rather than prohibit or loosely allow use.

Yes, delta-8 THC is legal in California, but there are restrictions associated with purchasing, possessing, selling, and using it. Some products containing this compound are regulated similarly to marijuana due to their high THC content. Delta-8 THC derived from marijuana can only be legally purchased from licensed dispensaries, but hemp-derived versions have low amounts of THC and have fewer restrictions.

Driving While On Delta-8

Known for its relaxing properties, Delta 8 can impair ones ability to drive while having proper reaction times. Due to its psychoactive effects, this substance may contribute to a motor vehicle accident if consumed while on the road. It may be best to keep any delta 8 products out of the vehicle to avoid being found driving while impaired.

The Difference Between Hemp- and Marijuana-Derived THC

Recent state legislation separated hemp and marijuana THC products, stating that any hemp product must contain 0.3% THC or less to be considered legal and unregulated. If hemp-derived delta-8 has a higher concentration of THC, it falls into the same regulatory sphere as marijuana-derived versions. Delta-8 derived from marijuana and hemp containing more than 0.3% THC is only legal in California for adults who are 21 years old or older, and these products must be purchased from dispensaries.

CBD vs. Hemp vs. Marijuana

Cannabidiol, or CBD, is an ingredient in marijuana and can be derived from the hemp plant. It is legal in California, and products containing CBD are easily accessible over the counter at numerous stores.

Hemp is a variety of cannabis plant that is highly regarded for its industrial uses because it grows rapidly and has many uses. Marijuana is also a variety of cannabis plants, but the term is often used to refer to the dried parts of the plant used as a psychoactive drug. While their primary uses differ, the most significant difference between hemp and marijuana is the THC content. Marijuana’s THC concentration is generally higher than what is contained in hemp.

CBD, hemp, and marijuana are legal in California, although products with higher THC content are more heavily regulated.

Federal Regulations for Delta-8 THC

The Agriculture Improvement Act of 2018, more commonly known as the Farm Bill, made hemp products with a THC content of 0.3% and lower legal. There were also many other provisions and outcomes, such as establishing or bolstering insurance and assistance programs for farmers.

It is important to note that while delta-8 THC is legal according to federal law, the Food and Drug Administration (FDA) has not evaluated or approved it for consumption or use. The FDA suggests consumers use caution due to potential variations in formulations, marketing, ingredients, concentrations, and labeling. Further, it is illegal to sell unapproved products based on unsupported medicinal claims.

Consumers should monitor the concentration of THC to ensure they are purchasing products legally. Care also needs to be taken when buying delta-8 products because the unregulated nature of these products means other potentially harmful ingredients could be present. The takeaway is that delta-8 THC is legal but with caveats – you can possess it and use it, but be careful where you buy it from.

How to Legally Purchase Delta-8 THC in California

The different regulatory terms for various types of delta-8 will dictate how these products can be purchased. Delta-8 THC derived from hemp and having no more than 0.3% THC is fully legal, and there are no restrictions on where to purchase it. This type of delta-8 is available online and in stores throughout the state.

Delta-8 with more than 0.3% THC is regulated in California and is only legal if bought from licensed dispensaries. You do not need to have a medical marijuana card to purchase it, but you must be at least 21 years old. Anyone over the age of 18 can also purchase cannabis for medicinal purposes if they have a doctor’s recommendation. The California Department of Cannabis Control controls state dispensary licenses, and its website provides resources to locate and verify licensed sellers.

Delta-9 and Delta-10

These variations are similar in that they are all cannabinoids, but they are different forms of THC with different effects on the body. The same state law that regulates delta-8 THC also includes isomers like delta-9 and -10. California considers each variation legal and subject to certain restrictions depending on the THC concentration.

There is a large gray area in the THC market, especially when considering products like delta-8 that can fall into both legal and illegal classifications. If you are facing charges in California involving delta-8 THC products, contact the drug defense lawyers from Law Office of Sheny Gutierrez for a free consultation.