Deep Dive: Delta-8 THC Products Are Federally Legal Just Like Hemp, Appeals Court Rules
Image: Marijuana Moment
The U.S. Court of Appeals for the Ninth Circuit recently ruled that products containing delta-8 are generally legal under the 2018 Farm Bill, which legalized hemp.
1: The Letter of the Law
The Farm Bill is written in such a way that hemp-derived delta-8 has lived in a legal grey area. Federal law defines hemp as “any part of” the cannabis plant, including “all derivatives, extracts, [and] cannabinoids,” that contains less than 0.3 percent delta-9 THC by weight.The law, the court said in the 3-0 ruling, “is silent with regard to delta-8 THC.” Because the law does not specify how to treat delta-8, the court ruled that delta-8 is legal despite its psychoactive effects. If lawmakers inadvertently created a loophole and didn’t intend to legalize psychoactive substances such as delta-8 THC, Fisher said, “then it is for Congress to fix its mistake.”
2: How A Counterfeit Brand Sparked the Ruling
The origin of this ruling is fascinating.
AK Futures, which manufactures e-cigarettes and vaping products, claimed that a Los Angeles company, Boyd Street Distro, had been selling counterfeit versions of its branded products that contain delta-8 THC.
Instead of addressing the allegations head on, Boyd Street responded that the claims were invalid, as delta-8 THC was federally illegal.
This ruling legitimizes AK Futures' claim, but it seems to be a moot point as Boyd Street has backed off from selling the product in question in the future.
3: A Continued Lack of Clarity
So this ruling should clear up once and for all the legality of delta-8 THC, right? Not so fast. Like the rest of the government's approach towards hemp and cannabis, clarity is a rare commodity.
The issue is increasingly bubbling up to the federal level. Earlier this month, the Food and Drug Administration (FDA) issued its first set of warning letters to companies over the allegedly illegal sale of products containing delta-8 THC.
FDA previously released a notice cautioning consumers about such products, similar to how the agency has sent warning letters to certain businesses over unauthorized marketing around CBD.
Meanwhile, the Drug Enforcement Administration has signaled late last year that delta-8 THC was legal, while the Texas state government said delta-8 was illegal, a move which is being challenged in court.
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Despite some confusion, it seems that delta-8 is on the pathway towards being recognized as a legal substance.
Like many things, federal legalization of cannabis - not just low THC hemp - would help bring clarity on delta 8, delta 9, and the rest of the cannabis plant. This clarity would lead to clear federal regulations and guidelines on production, marketing, and other factors that directly affect consumer safety and trust.
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Delta-8 THC Products Are Federally Legal Just Like Hemp, Appeals Court Rules [MARIJUANA MOMENT]
