California Legalized CBD. What Does That Mean for Delta 8 THC?

After over three years of failed attempts, California finally legalized cannabidiol (CBD). The new bill updates the definition of ‘THC,’ which affects the sale and distribution of hemp-derived delta 8 in the Golden State. Let’s look at the current hemp laws in California and whether you can still buy ∆8-THC product. 

Is Delta 8 THC Legal in California? 

Hemp-derived delta 8 THC is restricted in California. Products are legal if they contain less than 0.3 percent ‘total THC,’ which now includes THCA, delta 9, delta 8, delta 10 THC, etc. 

What is Delta 8 THC? 

Delta 8 tetrahydrocannabinol is a cannabis compound with mildly psychotropic benefits, hence its nickname ‘weed light.’ This cannabinoid has a very similar structure to delta 9 THC, the main intoxicating substance in cannabis. 

However, due to slight chemical differences, studies show that ∆8-THC is half as potent as delta 9 and exhibits different effects. Delta 8 is an excellent start for users looking to experience the benefits of cannabis without worrying about side effects like short-term memory loss, anxiety, or paranoia. 

This cannabinoid typically brings a deep feeling of relief. It provides the euphoric feeling of being  “high” — mainly feeling happy and giddy — while also helping with pain, sleep, low appetite, and anxiety. 

Buying Delta 8 THC in California

Online is the best place to purchase potent and tested ∆8-THC products. Crazy8s is the leading provider of top-shelf delta 8 gummies, flower, vape carts, capsules, and edibles. Our products are carefully crafted with all-natural ingredients and contain high doses of ∆8-THC. 

Most importantly, you can buy any of our products with confidence, knowing that they are tested by a certified, third-party lab. If you’re truly looking for the best product on the market, our Delta 8 THC Gummies are vegan-friendly and made from organic ingredients and natural flavor extracts. This product comes in three options, 10mg, 20mg, and 50mg delta 8 per gummy. 

Gummies are perfect for anyone looking for a convenient and easy way of taking a precise dose of ∆8-THC. You can take them anywhere you go and consume them without worrying about the dosage of messy oil bottles. 

At Crazy8s, we care about bringing you whole-plant products at the best price. Whole-plant cannabis medicine is the future, so we’re diligent when it comes to testing, production, and ingredients.  

Is Delta 8 THC Legal in California?

Delta 8 THC is restricted in California. Bill AB-45 states that hemp products must contain a ‘total THC’ concentration of no more than 0.3 percent. 

Bill AB-45 legalized the production and sale of hemp-derived cannabidiol (CBD) in California. After more than three years of difficult negotiations, cannabidiol products can be legally sold in food and beverages, as well as in smokable form.

An update relevant to the hemp industry is the change in the term “tetrahydrocannabinol.” The bill defines THC to include THCA, delta 8, delta 9 and delta 10 THC. Hemp-derived cannabinoid products cannot contain over 0.3 percent (total) THC, which limits customers’ choice of items currently offered on the market. 

Before you buy, you need to check the THC levels of each product to make sure it’s legal. The ‘total THC’ in most products is calculated as the sum of THCA and delta 9. Under the new regulations, ‘total THC’ encompasses every type of THC in cannabis, which makes products with a high concentration of ∆8-THC illegal.  

What Does the Future Hold?  

Like other states where recreational cannabis is legal, California is expected to regulate ∆8-THC as part of its recreational cannabis system. Although this is a huge win for the industry because states are accepting cannabinoids and moving forward with regulations, it’s very likely these products will only be available at cannabis stores in the future. 

Now that the CBD opportunity expands in the state, regulations upon the production and distribution of cannabinoid products are due. The California Department of Public Health (DPH) is expected to set new rules, which may include stricter testing and labeling, like maximum serving sizes, number of servings per container, etc. 

Is Delta 8 THC Legal Federally?

The legality of delta 8 under federal law is murky (gray area). 

On one side, this cannabinoid comes from hemp and, if derived naturally, is legal under the 2018 Farm Bill. The bill legalized hemp and all its cannabinoids, derivatives, and extracts with less than 0.3 percent delta 9 THC. The bill also excluded “THC in hemp” and “hemp” from the Controlled Substances List.

On the other hand, ∆8-THC is only present in the hemp plant in very low concentrations — less than 0.1%. Meaning, extractors need lots of hemp material to extract the smallest levels of this compound. 

But, they’ve found a new method to obtain this molecule in large concentrations. Most products on the market are made with delta 8 that’s been synthesized from hemp-derived cannabidiol (CBD). As you might’ve guessed, converting CBD into delta 8 is not exactly the most natural method of obtaining this compound — but it’s not a synthetic one either. 

One of the main things that the 2018 Farm Bill didn’t change was the scheduling of synthetic tetrahydrocannabinols. Considering ∆8-THC is not directly extracted from the hemp plant, if the Drug Enforcement Administration (DEA) decides, it could be deemed a synthetic compound. 

In their Interim Rule issued late 2020, the DEA talked about “synthetically derived THC” and confirmed its illegal status. However, the rule doesn’t clearly ban delta 8 THC or define synthetic derivatives. Most experts agree that ∆8-THC is not entirely natural, but it’s also far from being a synthetic derivative. 

Until the DEA explicitly lists the compound as an illegal substance, ∆8-THC remains in a gray area federally. But the question about the potential synthetic nature of this cannabinoid is just one side of the argument. The other side is its intoxicating effects. 

According to the US Cannabis Council, there’s no loophole around the legality of this compound. That’s because the Farm Act of 2018 doesn’t legalize the production of an intoxicating substance just because it’s been made from hemp.

It’s clear that the US is slowly moving towards cannabis legalization. So, it’s very likely that we’ll see this compound regulated in the near future.

Read our legal disclaimer HERE. While we try to stay as up to date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times.