The Legality Of Delta-8 THC Has Been Affirmed By The Federal Appeals Court!

A federal appeals court in California ruled last week that delta-8 THC and other cannabinoids derived from hemp are legal under the 2018 Farm Bill, even if they are psychoactive.

Delta-8 THC Is Now Legal, According To A Federal Appeals Court!!

Delta-8 THC is one of over 100 cannabinoids produced naturally by the cannabis plant, but it is not present in significant amounts. As a result, concentrated amounts of delta-8 THC are typically produced from cannabidiol derived from hemp.

The Legality Of Delta-8 THC Has Been Affirmed By The Federal Appeals Court

The 9th Circuit Court of Appeals wrote in an opinion quoted by cannabis news site Marijuana Moment that products containing delta-8 THC are generally legal under federal law, which defines hemp as “any part of” the cannabis plant, including “all derivatives, extracts, [and] cannabinoids,” that contains less than 0.3 percent delta-9 THC by weight.

The federal statute “is silent with regard to delta-8 THC,” the court ruled 3-0.

In the unanimous decision, Judge D. Michael Fisher said, “Regardless of the wisdom of legalizing delta-8 THC products, this Court will not substitute its own policy judgment for that of Congress.”

Furthermore, delta-8 THC, like the related molecule delta-9 THC, which is largely responsible for the high commonly associated with smoking marijuana, has psychoactive effects, albeit not as intense as pot. WUNDER’s co-founder, head of product development, and COO, Christian Peterson, explained the effect of delta-8 THC on High Times.

“Delta-8 THC produces a more in-your-body sensation and physical relaxation,” Peterson stated in 2020. “D8 gives a clear high without the anxiety that is typically associated with D9 due to its lower psychoactivity than delta-9.”

It can help people feel more connected to themselves, more present in their minds, and it heightens the senses.”

Delta-8 THC is found in small amounts in hemp and other forms of the cannabis plant, but not in the quantities found in delta-9 THC. The cannabinoid, on the other hand, can be refined from CBD, which is abundant in many varieties of legal hemp.

Delta-8 THC’s psychoactive properties have sparked debate about its safety and legal status, and several states have taken steps to regulate the cannabinoid. Only last week, Colorado lawmakers passed legislation restricting the sale of delta-8 THC products and establishing a task force to study intoxicating hemp products.

In a statement from the hemp industry advocacy group, Russell Coleman, ethics counsel to the U.S. Hemp Roundtable, former U.S. 

Attorney for the Western District of Kentucky, and former senior advisor and legal counsel to Sen. Mitch McConnell wrote that marketing intoxicating products such as delta-8 THC as hemp is not consistent with Congress’ intent.

“This kind of marketing is not only a threat to public health and safety — particularly for children who may purchase these products at retail — it undermines the integrity of the legal hemp industry, and ultimately threatens farmers’ livelihoods,” Coleman wrote. 

“As a former Senate staffer who was heavily involved in the crafting of the first hemp laws in the United States, I can attest that hemp’s legalization was only feasible thanks to the formation of a wide coalition built on the foundation of hemp being a non-intoxicating agricultural option.”

The decision was made by the 9th Circuit Court of Appeals in a case involving a trademark dispute initiated by AK Futures, a manufacturer of vaping and e-cigarette products. The company claimed in its lawsuit that Los Angeles-based Boyd Street Distro sold counterfeit versions of AK’s delta-8 THC products. 

Boyd Street, on the other hand, contended that AK Futures’ trademark infringement claim was invalid because delta-8 THC is illegal under federal law. The 9th Circuit’s decision last week upholds a lower court ruling and preliminary injunction against Boyd Street.

The court determines that “the information on appeal convinces us that AK Futures’ delta-8 THC products are legitimate under the plain terms of the Farm Act and may be protected by trademark.”

The 9th Circuit ruled that if Congress did not intend to legalize psychoactive cannabinoids like delta-8 THC with the 2018 Farm Bill, “it is for Congress to correct its mistake.”

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