Is Delta-8 legal in California?
Delta-8 THC seems to be restricted in California. The state may be preparing to regulate it like marijuana. Keep reading for more info. Click here to order the finest Delta-8 products online!
What is Delta-8?
Delta-8 tetrahydrocannabinol (THC) is a cannabinoid, which just means it is a substance from the cannabis plant. There are hundreds of identified cannabinoids in the plant, and when a person consumes cannabinoids, the cannabinoids have an effect on their endocannabinoid system. The human endocannabinoid system uses the cannabinoids as neurotransmitters that work on the cannabinoid receptors throughout the human body.
The endocannabinoid system is still being studied, but researchers link it to regulating physiological and cognitive processes, pain-sensation, immune system activities, appetite, mood, and memory, and in mediating the effects of cannabis .
Delta-8 is a very popular THC product used for therapeutic needs. In some states, legislators understand and appreciate its benefits and are onboard with Delta-8. In other places, lawmakers have not been as swift or sure. In the case of California, where marijuana is freely available for adults, we have to ask why the state would limit other cannabinoids like Delta-8. Is it because Delta-8 doesn’t fit into the established marijuana tax structure?
What’s the Difference Between Delta-8 THC, Delta-9 THC, Delta-10 THC?
Delta-8 THC, Delta-9 THC, and Delta-10 THC occur naturally in cannabis, and all three are isomers of the same molecule, tetrahydrocannabinol, or THC. THC is one of hundreds of cannabinoids that have been identified from the cannabis plant, and it is the psychoactive substance in cannabis. An isomer is one of two or more compounds that have the same number of atoms of the same elements but have different structural arrangement and properties.
Chemically speaking, the molecule that makes these three types of THC is very similar. The difference is where a double-bond occurs. For Delta-8 it is on the eighth carbon chain, for Delta-9 on the ninth carbon chain, and for Delta-10 on the tenth. Research shows that Delta-8 and Delta-10 share many of the effects of Delta-9, though typically at lower levels.
What does “hemp-derived” mean?
Hemp-derived means made from hemp, aka industrial hemp. The 2018 Farm Bill that we will look at in next section established new federal legal definitions and rules for industrial hemp, including that hemp plants, and hemp derived, “and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis” may be used for production, sales, possession limits transport, and use. Hemp and hemp derived compounds and derivatives include cannabinoids like cannabidiol (CBD), Delta-8 THC, Delta-9 THC, and Delta-10 THC. These cannabinoids and others are federally-compliant for use in many inhalable, edible, and topical products.
What is the Farm Bill and does the Farm Bill make Delta-8 THC legal?
The Farm Bill legalized hemp and Delta-8 in the United States. For many years in the United States, cannabis was illegal whether or not it contained THC, which comes from the cannabis plant. In 2018, the United States Congress enacted a groundbreaking piece of legislation, known as the 2018 Farm Bill. The Bill defines cannabis with less than .3% of Delta-9 THC per dry weight as hemp and allows it for interstate commerce in all 50 states. Cannabis with more than .3% Delta-9 THC per dry weight is still a federally controlled substance on the Drug Enforcement Agency’s Schedule 1 list. This is despite the fact that many states allow medical use or adult recreational use of cannabis with more than .3% Delta-9 THC.
The Bill defines hemp as
Hemp.–The term `hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
All THC isomers in Earthy Select products are made exclusively from organically-grown, federally-compliant, third-party tested hemp.
How do you buy high quality Delta-8?
You should always buy from trusted brands like Earthy Select who follow safe manufacturing standards and use third-party testing to ensure a clean and potent product. Poor processing of Delta-8 may lead to degradation of the compound, inaccurate potency, or harmful by-products. The processing standards of Delta-8 THC are critical for its quality, safety and legality. You should only purchase Delta-8 from producers who provide a Certificate of Analysis (CoA) for each product. A CoA is a document attesting to a product’s laboratory analysis for cannabinoids and in some cases adulterants, heavy metals and pesticides.
Producers who use third-party lab testing and publish the results will earn consumers trust. Labs that are registered with the Drug Enforcement Agency (DEA) and the International Standards Organization (ISO) and other regulating entities are familiar with federal regulations and are trusted to ensure federal-compliance with Delta-8 and other hemp-derived products.
Where is Delta-8 THC legal?
Based on the 2018 Farm Bill, all hemp-derived cannabinoids are federally-compliant provided they contain less than .3% Delta-9 THC per dry weight. This means that Delta-8 is not a federally-controlled substance if it is from hemp, and it contains less than .3% Delta-9 THC per dry weight.
The federal government protects legal interstate commerce of hemp and hemp-derived Delta-8 THC products nationally. Even so, states may still put limits on legal adult use of Delta-8 or other cannabinoids within their borders. It can definitely be confusing in some places with the legal status of cannabis, like California.
Where to buy Delta-8 in California
While you can’t find Delta-8 in marijuana dispensaries, you can always order online from Earthy Select! We sell potent Delta-8 gummies, flower, lozenges, tablets, tinctures and vapes and we ship nationwide. Satisfaction guaranteed!
Delta-8 and the law in California
In 1996 California became the first state to sanction a medical marijuana program with its Proposition 215.
On November 8, 2016, California state law passed Proposition 64: The Adult Use of Marijuana Act – legalizing the use, sale, and cultivation of recreational cannabis in California for adults 21 and over . Adults can have up to one ounce of dry marijuana or eight grams of concentrated marijuana.
California’s AB 45 was signed into law in October 2021 and brought several changes to California hemp law, but it is still not clear whether the state will regulate hemp cannabinoids the same as marijuana or not.
AB 45 allows for hemp and cannabinoids, extracts, or derivatives of hemp to be a controlled substances used in food and beverages, dietary supplements, cosmetics, and more, if they contain less than 0.3% total THC and meet additional requirements about registration, labeling, and testing.
The state law defines THC and comparable cannabinoids to include “(1) tetrahydrocannabinolic acid; (2) any tetrahydrocannabinol, including Delta-9 THC (the molecule traditionally recognized federally legal and as THC), as well its isomers Delta-8 THC and Delta-10 THC; and (3) any other cannabinoid (except CBD), that the California Department of Health (CDH) determines causes intoxication. The CDH may exclude from the definition of THC any THC isomer that does not cause intoxication .”In addition to that odd and vague point, legal experts point out that the state law doesn’t provide guidance on serving sizes, cannabinoid concentration per serving size, and similar requirements for foods and beverages, although the authority to issue regulations on these issues is given to the CDH .
AB 45 seems to anticipate a future conflict with federal law, so it says that when federal law authorizes hemp products, the CDH “shall adopt new regulations either as necessary pursuant to the federal law or deemed necessary to protect consumers.” 
Final thoughts on Delta-8 in California
Until California issues more guidance related to AB 45, Delta-8 may not be available in stores. You’ll love Earthy Select’s premium Delta-8, available for online order and we ship coast to coast!
Disclaimer – Information is provided for educational purposes. It does not, and is not intended to, constitute legal advice or medical advice. We attempt to be accurate and up to date but the legality of cannabinoids and the science of cannabis is evolving. The author is neither a lawyer or a legal expert, nor a doctor public health, or medical expert. You should check with your local authorities and medical providers before buying or using any products.
- Wikipedia: Endocannabinoid System
- Wikipedia: Cannais in California – Proposition 64
- California Passes Hemp Bill Law
Frequently Asked Questions
Are Delta-8, Delta-9, and Delta-10 the same?
Delta-8 THC, Delta-9 THC, and Delta-10 THC occur naturally in cannabis, and all three are isomers of the same molecule, tetrahydrocannabinol, or THC. THC is one of hundreds of identified cannabinoids from the cannabis plant, and is the main psychoactive substance in cannabis. An isomer is one of two or more compounds that contain the same number of atoms of the same elements but differ in structural arrangement and properties.
In other words, chemically speaking, the molecule that makes these three types of THC is very similar. The difference is where a double-bond occurs. For Delta-8 it is on the eighth carbon chain, Delta-9 on the ninth carbon chain, Delta-10 on the tenth. Research shows that Delta-8 and Delta-10 share some of the effects of Delta-9, though typically at lower levels.
How is Delta-8 really legal?
THC comes from the cannabis plant. For many years in the United States, cannabis was illegal whether or not it contained THC. In the last decade Congress enacted two groundbreaking pieces of legislation, known as the 2014 Farm Bill and 2018 Farm Bills. This legislation defines cannabis with less than .3% of Delta-9 THC per dry weight as hemp and allows it in all 50 states*. It also states that derivatives of hemp (cannabinoids, extracts, isomers) are also federally-compliant. The THC isomers in our products are made exclusively from organically-grown, federally-compliant hemp.
Even though these products are federally-compliant, individual states may have their own regulations about purchasing or using hemp-based THC products. You should check your state and local rules before ordering.
Is it OK to send Delta-8 in the mail?
Yes, but even though these products are federally-compliant, individual states may have their own regulations about purchasing or using hemp-based THC products, and these are subject to change. You should check your state and local rules before ordering.
What is a CoA?
A certificate of analysis (CoA) is a document attesting to a product’s laboratory analysis for cannabinoids and in some cases adulterants, heavy metals and pesticides.
What are the effects of Delta-8?
With Delta-8, Delta-9, and Delta-10 THC products, users report feelings of relaxation, euphoria, creativity, focus and pleasure. Some people like to compare the effects to those of traditional adult-use cannabis products. The strength of the effects on a particular person will be different depending on a few things: dosage level, body weight, food or other substances in the system, and experience/tolerance level of THC, and personal body chemistry.
What is the correct dosage of Delta-8?
Products with THC, even at low dosages, have the potential to produce psychoactive and therapeutic effects. While our products have a suggested dosage listed on each package, the strength of the effects on a particular person will be different depending on a few things: the dosage level, body weight, food or other substances in the system, personal body chemistry, and experience level or tolerance of THC.
Generally speaking, it is recommended that you start with the lowest dose, ie. 5mg to 10mg, and gradually increase it until you reach satisfactory results. Consult your healthcare provider with specific questions about using any therapeutic products.
Can I order Delta-8 online for delivery?
Yes! Delta-8 and other hemp-derived products with less than .3% Delta-9 THC are federally legal to transport across state lines. Certain states have limitations on what they allow within their borders, and these can change. You should stay aware of your local regulations, and let your representatives know your community’s thoughts on cannabis!