Delta 8 THC in California: Is it Legal?


Is Delta 8 THC Legal In California?

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Delta 8 THC, a naturally occurring cannabinoid in hemp plants, has rapidly gained popularity across the country because of its intriguing potential for use in both medical and recreational settings. While Delta 8 THC may share certain characteristics with Delta 9 THC, which is more often known as the active ingredient in marijuana, it typically has less strength and an entirely different impact on its users.

The question is, Delta 8 THC legal in California?

Related article: What is Delta 8 THC?

You Now Want To Know If Delta 8 THC Is Legal In California

According to California state legislation, Delta 8 THC is acceptable as of today, September 22, 2021. California has authorized all hemp derivatives, cannabinoids, and isomers, including all tetrahydrocannabinols other than Delta 9 THC, just like the federal legislation does.

California's hemp rules are fairly similar, much like Delta 8 THC in Oregon. These laws are likely to remain mostly intact, but it's still a good idea to follow them.

Although legal, Delta-8 is severely restricted in California. The state regulates Delta-8 goods made from hemp that contain more than 0.3% THC.

Here are the official laws:


81000. Definitions.

California Building

(a) For purposes of this division, the following terms have the following meanings:

(6) “Industrial hemp” or “Hemp” means an agricultural product, whether growing or not, that is limited to types of the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, the resin extracted from any part of the plant, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta-9 tetrahydrocannabinol concentration of no more than 0.3 percent on a dry weight basis.

(9) “THC” means delta-9 tetrahydrocannabinol.

(Full Bill)


CHAPTER 1. General Provisions and Definitions [11000 – 11033]

11018. “Cannabis” means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include either of the following:

(a) Industrial hemp, as defined in Section 11018.5.

(b) The weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product.

(Amended by Stats. 2017, Ch. 27, Sec. 115. (SB 94) Effective June 27, 2017. Note: This section was amended on Nov. 8, 2016, by initiative Prop. 64.)

11018.5. (a) “Industrial hemp” means a crop that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of 1 percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom.

(b) Industrial hemp shall not be subject to the provisions of this division or of Division 10 (commencing with Section 26000) of the Business and Professions Code, but instead shall be regulated by the Department of Food and Agriculture in accordance with the provisions of Division 24 (commencing with Section 81000) of the Food and Agricultural Code, inclusive.

(Amended by Stats. 2018, Ch. 986, Sec. 8. (SB 1409) Effective January 1, 2019. Note: This section was amended on Nov. 8, 2016, by initiative Prop. 64.)

(Full Bill)

Delta-8's Legislative History In California

Assembly Bill 45 (AB-45), which was enacted by the California legislature on October 6, 2021, was later made official by Governor Gavin Newsom.

The two main things the bill accomplishes are:

  • Allows the use of hemp and cannabinoids, extracts, and derivatives generated from hemp in processed pet food, meals, beverages, dietary supplements, and cosmetics as long as the THC content is less than 0.3%.
  • Redefines "THC" to encompass THC isomers such as delta-8, delta-9, and delta-10. The non-intoxicating cannabinoids like CBD, CBG, and CBC are excluded from this redefinition.

California will benefit from the legalization of substances derived from hemp in foods, drinks, dietary supplements, cosmetics, and pet food.

Following the recommendations of the U.S. Food & Drug Administration (FDA), the CDPH outlawed ingestible hemp-derived products three years ago. Manufacturers are permitted to create and market hemp-derived products under AB-45, provided they comply with the appropriate CDPH licensing.

But changing the definition of "THC" causes issues for delta-8 businesses, particularly unregistered ones.

All delta-8 businesses and their products are subject to California's regulatory monitoring due to the 0.3% total THC concentration restriction.

California, however, has not yet established a regulatory framework for delta-8 items, leaving businesses in limbo. As the state develops a framework, can they sell unlicensed delta-8 items, or will doing so be seen as breaching the law by the authorities? Nobody is aware.

Prior legislation (Senate Bill 153) permitted the use, ownership, sale, and manufacturing of delta-8 items produced from hemp containing more than 0.3% THC.

The Farm Bill (Agriculture Improvement Act), which legally authorized all substances derived from hemp, including delta-8, delta 10, HHC, and THC-O, and Senate Bill 153, are related.

Delta 9 and CBD Products You Can Buy Online in California

Are you looking for high-quality Delta-9? Look no further, since we have everything you require. Due to the heavy restrictions and taxation of Delta 8 products in California, it is easier to get Delta 9 and CBD products. At CannaAid, we carry a sizable selection of Delta 9 and CBD products that can be discreetly delivered to you in a few days. Some of the Delta 9 edibles and CBD products we sell the most are:

Don't worry if Delta 9 is not the best option for you. We also provide various hemp products, all of which are 100% American-made, from hemp that is produced in the United States. Not only do we have products for us humans, but we also carry products for our furry friends. All the products made at CannaAid are 100% hemp-derived and have COAs (certificates of analysis). Purchase from us right away and discover what true excellence looks like. Make sure the product you want is legal in your state before ordering. 

The current laws are subject to change at any time, so it is always best to check the status of your products before purchasing. With today's political climate, laws are changing on a regular basis; hopefully one day California will allow Delta 8 products, but for now Californians can still enjoy the benefits of CBD products and Delta 9 products.

This website's information does not constitute legal advice and is not meant to be. The information, content, and materials on this website are intended for informational purposes only and should not be used to make you decide whether or not to purchase any of our products. Laws vary from one state to the next and are always changing. This website may not contain the most current legal or other information. For verification of the legal status and products listed on this website, please consult an attorney in your area. Click here for our Legal Disclaimer.



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