Is Delta-8 Legal in California

Thanks to the 2018 Farm Bill, the Delta-8 THC cannabinoid was made legal at a federal level a few years ago. Moreover, California also happened to be one of the first states that legalized marijuana for adult use.

Up until quite recently, Delta-8 THC was considered legal in the state of California, particularly if it was derived from hemp. However, California has recently changed its laws to be much more restrictive on this cannabinoid, as well as other forms of THC.

For anybody who would like to enjoy this fine cannabinoid, these new laws and pieces of legislation can be somewhat confusing. So, Is Delta-8 legal in California? The answer is that yes, technically speaking, it is legal, so long as it does not exceed certain THC thresholds. Let’s take a closer look.

Key Takeaways

• Is Delta-8 THC Legal in California? – Yes, as long as it does not exceed THC contents of 0.3% by dry weight.
• Legality is complicated. Despite Delta-8 being federally legal, it is still somewhat restricted depending on state laws.
• If you’re in California or are planning to travel, it’s important to check out the hemp laws before you start walking around town with a bag of weed in your pocket.

Delta-8 THC and Federal Law

At this time, the federal law surrounding the legality of THC is quite relaxed. Technically speaking, for a cannabinoid product to be considered legal, it must be derived from the hemp plant. This means that neither the hemp plant nor the final product is allowed to contain more than 0.3% THC. Specifically, this refers to Delta-9 THC.

Interestingly, this 2018 Farm Bill does not mention Delta-8 THC. Technically speaking, so long as the Delta-8 THC product in question does not contain more than 0.3% Delta-9 THC, it should be considered legal at a federal level. However, there is apparently a new Farm Bill in the works since the 2018 one was only supposed to last five years and will expire at the end of 2023.

California Delta-8-THC Laws

California had originally legalized Delta-8 THC, and it appeared to be legal in nearly unlimited quantities. Previously, Senate Bill 153 allowed for the possession, sale, use, and production of Delta-8 products which were hemp-derived that had over 0.3% Delta-8 THC. However, this recently changed with Assembly Bill 45.

Assembly Bill 45 redefined what THC means because previously, THC was generally defined as Delta-9 THC, but the new definition of THC now also includes Delta-8 and Delta-10 THC.

Furthermore, this new assembly bill states that for any hemp-derived cannabinoid extracts and derivatives to be considered legal, they must not contain more than 0.3% THC, and this includes Delta-8, Delta-9, and Delta-10 THC.

Therefore, while Delta-8 THC products are technically legal in the state of California, products such as extracts, hemp-derived cannabinoids, derivatives found in foods and beverages, cosmetics, dietary supplements, and more may not contain more than 0.3% THC and are very strictly regulated.

Is Delta-8 a Controlled Substance in California?

This is a bit of a tricky question to answer because as long as the Delta-8 THC product in question contains less than 0.3% THC, it should be considered industrial hemp, which means that it should also be considered legal.

However, if the hemp-derived Delta-8 product in question contains more than 0.3% of Delta-8 THC, it would technically be considered illegal and subject to regulation by the California Department of Public Health.

So, while Delta-8 THC products derived from hemp with less than 0.3% THC are considered legal, those products exceeding the 0.3% limit would not be considered legal.

However, at this time, it does not appear as though Delta-8 THC is listed in the Controlled Substances Act, particularly if it contains under 0.3% total THC, but industrial hemp with over 0.3% THC is considered a control substance. There is a bit of a legal gray area here.

Delta-8 Possession Limits in California

As long as the Delta-8 THC product in question is derived from the hemp plant and does not contain more than 0.3% Delta-8, Delta-9, or Delta-10 THC, you should be able to possess as much of it as you want. At this time, it appears as though California does not impose possession limits on legal Delta-8 products that don’t exceed the THC thresholds.You still can’t cross the border while carrying Delta-8, so keep that in mind.

Is Delta-8-THC Legal in California?

The simple answer here is that yes, Delta-8 THC is legal in California so long as it is derived from the hemp plant and does not contain more than 0.3% Delta-8, Delta-9, or Delta-10 THC.

Is Delta-8 THC Safe?

At this time, there are no studies that confirm that Delta-8 THC is unsafe, toxic, or life-threatening when taken in moderate quantities, although there may be some very minor side effects if you take too much..

Where to Buy Legal Cannabis Online in California

If you are looking to buy legal cannabis online in California, look no further than right here at CanEx.

Our delivery service will bring all of your favorite legal cannabis strains right to your front door, ones like this Cresco Tropicana strain or this awesome Foreign Genetics Sherblato strain.

If you don’t know what kind of weed to go for, check out this guide on what to look for in high-quality weed, as well as this guide on how different types of marijuana affect you.

Final Thoughts

As you can see, the laws surrounding Delta-8 THC in California are somewhat confusing. Any Delta-8 THC product that contains under 0.3% total THC should be considered legal, while those carrying over 0.3% THC are very strictly regulated and appear to not be legal for sale or possession.

Delta-8 THC California: Frequently Asked Questions

Let’s quickly answer a couple of your most frequently asked questions about Delta-8 THC in California.

Is Delta-8 Legal in California 2023?

Technically speaking, yes, Delta-8 THC is legal in California in 2023, so long as the total THC content does not exceed 0.3%.

How Much Delta-8 THC Can I Possess?

There appear to be no possession limits so long as the dry weight concentration of Delta-8 THC in products does not exceed 0.3%.