The legal situation around cannabis products has changed a lot in recent years, but even in a relatively relaxed and lenient state like California, there are some gray areas. Specifically, many Californians aren’t sure about the legality of products like Delta-8 THC. Read on for a complete guide that should answer all of your questions on this issue.

What Is Delta 8 and What Does it Do?

Before we look at the legality of Delta-8 in California, it’s important to understand what this type of THC is and what it’s capable of. 

In simple terms, Delta-8 is a cannabinoid – a naturally occurring chemical compound found within the cannabis plant that can have certain effects on the human body. As the name suggests, Delta-8 THC is a type of THC, and THC is renowned as the cannabinoid that makes people feel high or euphoric after consuming cannabis products.

There’s also another type of THC called Delta 9, and there are only minor structural differences between these two varieties. However, in terms of their effects and potency, Delta 8 is far less potent than Delta 9. So, when people usually use the term “THC”, they’re actually referring to Delta 9, as the Delta-8 variant is much gentler.

With that said, Delta-8 can still trigger a range of effects on the body and mind. It has psychoactive properties, just like Delta-9 THC, and it can help with pain relief, nausea relief, and feelings of contentment or relaxation, but it’s not as extreme. However, there hasn’t been too much research on Delta-8, so there’s still a lot we don’t know about it.

Where to Buy Delta 8 THC in California?

If you’re interested in sampling Delta-8 THC and seeing for yourself what it can do and how it differs from Delta-9, the safest option is to visit a trusted Los Angeles Cannabis Dispensary near you. Official dispensaries offer the best and safest products, while also having knowledgeable staff members who can answer questions and provide advice or guidance. However, under state law, only Delta-8 products with 0.3% THC content or less are allowed to be sold in California.

Federal Legal Status of Delta 8 THC

At a federal level, Delta-8 THC is technically legal according to the guidelines laid out in the 2018 Farm Bill. The reason why it’s legal federally is because it can be sourced from hemp, and the growth and usage of hemp is far less prone to controls and regulations as the cultivation of marijuana – hemp contains very low amounts of THC, and is therefore considered much safer.

However, even though Delta-8 is legal for now on a federal level, measures may be put in place to control the production, sale, and usage of this cannabinoid in the near-future. In fact, the Drug Enforcement Administration has set out proposals that could classify Delta-8 as a Schedule I substance, which would make it illegal.

State Laws on Delta 8 THC in California

Initially, Delta-8 was legal in California through the Farm Bill. However, recent changes to the law have changed Delta-8’s status in the Golden State. Now, Delta-8 products are strictly regulated and cannot contain more than 0.3% THC content. Such products must only be made with hemp plants, rather than full-fledged cannabis plants with high THC levels.

Cannabis and DUI Laws in California

Clearly, the legal situation around Delta-8 THC remains a bit of a gray area that could be subject to change in the near future. The same can be said for DUI laws regarding cannabis use in California, as many people living in CA are unsure about how DUI laws work in regard to driving while high or under the influence of cannabis. 

While other states have set “Per se” limits or amounts of THC that can be found in a driver to charge them with a DUI, California doesn’t work the same way. Instead, it allows law enforcement to carry out their own checks and tests to determine if a driver is capable of operating their vehicle with care or not

If a person is found to be incapable of safely and carefully operating their vehicle, they can be arrested and charged with a DUI, and additional tests (urine and blood samples) may be carried out to provide evidence of THC in their system. Anyone accused of this kind of DUI will need the help of a Los Angeles DUI Lawyer to argue their case.

Why Is It a Problem for a Product to Be Unregulated?

One of the main issues with the laws around Delta-8 in California and elsewhere around the US is due to a lack of adequate regulation and understanding of this particular product. And, as we learn more about other THC and CBD alternatives and cannabinoids, there’s a risk that similar issues will occur with future cannabis products.

A lack of regulation creates a lot of problems for businesses, law enforcement, and the public. It creates a lot of confusion, as members of the public could be at risk of health effects or legal trouble if they use certain products. In addition, unscrupulous companies could take advantage of the absence of regulation by selling poor quality products.

Conclusion

As we can see, California’s current stance on Delta-8 is clear: it’s only legal in products with 0.3% THC content in total or less, otherwise known as products made from hemp, rather than marijuana. 

The upcoming 2023 Farm Bill and future legislation at both national and state level could change the situation for Delta-8 and other forms of THC, and it’s vital for interested parties to keep a close eye on legislative developments to remain aware and up-to-date of THC’s legality in California and beyond.