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Is Delta-8 THC Legal?

Delta-8 THC might just be legal where you live... if you live in the United States.

Thanks to the 2018 U.S. Farm Bill, hemp and hemp products became legal so long as they contained no more than 0.3% Delta-9 THC. All of our products are federally compliant by the standards of the Farm Bill. This includes CBD and our new Delta-9 gummies.

But What About Delta-8?

The main reason there has been any controversy around Delta-8 is because it is psychoactive (unlike CBD.) Here's what the FDA said about D8:

Delta-8 THC has psychoactive and intoxicating effects, similar to delta-9 THC (i.e., the component responsible for the “high” people may experience from using cannabis).

Some states have either banned or restricted the sale and/or manufacturing of Delta-8. But a recent federal court ruled that Delta-8 falls within the 2018 Farm Bill and is federally legal.

Here's The National Law Review's summary of the ruling:

On May 19, 2022, the Ninth Circuit Court of Appeals issued an unexpected ruling that hemp-derived delta-8 THC falls within the definition of “hemp” under the 2018 Farm Bill. The Court’s decision in AK Futures LLC v. Boyd St. Distro, LLC, No. 21-56133, 2022 U.S. App. LEXIS 13526, affirmed a preliminary injunction granted by the district court in favor of the appellant, finding that its Cake-branded delta-8 THC vape products are legal under the 2018 Farm Bill, and that the appellant is therefore entitled to “traditional” federal protections that include trademark protection under the federal Lanham Act. 

The ruling went on to state: "Delta-8 THC products are lawful under the plain text of the Farm Act."

Read The Ninth Circuit Court Ruling here

Is Delta-8 THC legal in Texas?

Texas lawmakers don't seem to love cannabis. Marijuana is not legal and hemp has only been legal there since 2019. Delta-8 isn't so black and white. The Texas Tribune explains:

Delta-8 remains legal in Texas as an ongoing lawsuit against DSHS determines whether the agency can outlaw delta-8. A district court judge ruled DSHS didn’t follow Texas’ rule-making requirements when it listed delta-8 as an illegal drug and therefore can’t enforce the order making the drug illegal.

- CBD, hemp, delta-8, medical marijuana: Here’s what you need to know about Texas’ pot laws

Is Delta-8 THC legal in my state?

Maybe? Maybe not? Maybe it will be different tomorrow?

Cannabinoid legality at the state and local level is constantly changing so please check your local laws before making a purchase.

Do you sell Delta-8 THC?

Yes we do. We have three different strains of Delta-8 pre-rolls available now:


Related: All About Delta-8 THC

Related: Is Delta-9 THC Legal?

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