Legal and Regs

Is Δ8-THC being banned in California?

Written by Sabina Pulone

Delta-8-tetrahydrocannabinol (Δ8-THC) is the isomer of Δ9-THC, presenting milder psychoactive characteristics than its counterpart and generally expressed in low quantities in plants. Almost all Δ8-THC on the market come from treating cannabidiol (CBD) with heat and acids, leading to concerns regarding residues of harmful chemicals accumulating in the final products.

California was one of the first to lift all the penalties for possession and use of hemp derived products since 2017 with Senate Bill 94. In 2018, the legalization of all industrial hemp derived product was signed, with limitation to not exceed 0.3% Δ9-THC.

At the moment, according to the California Industrial Hemp Law and Regulations revised on September/2021 [1], Δ8-THC is not regulated under the law and its production and commercialization are allowed. This means that Δ8-THC is not present in the Controlled Substances List so in the state of California it is possible to buy legal Δ8-THC products. Despite that, the future legality of Δ8-THC is still uncertain: the bill proposed to the California Assembly and senate could define ‘’THC’’ to include not only Δ9-THC, but also  Δ8-THC and other isomers like  Δ10-THC. This ambiguity could be problematic for hemp product manufacturers during the certification of raw extracts which should not contain more than 0.3% THC. Even if the presence of converted THCA in Δ9-THC through heat could be problematic for the final percentage calculation, there will be no risks to exceed the allowed THC amount, because of low concentrations of Δ8-THC and other THC isomers in plant. Only time will tell how local regulators will decide to handle the situation and to clarify the grey area of laws.





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Sabina Pulone

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