Federal Appeals Court Rules That Delta-8 THC is Legal Under the Farm Bill

An employee at a San Antonio CBD shop removes delta-8 gummies from a display case. - SANFORD NOWLIN
Sanford Nowlin
An employee at a San Antonio CBD shop removes delta-8 gummies from a display case.

A federal appeals court in California last week ruled that delta-8 and other hemp-derived cannabinoids are legal under the 2018 Farm Bill, even if they're capable of getting users high, Forbes reports.

The 9th Circuit Court of Appeals ruled 3-0 that products containing delta-8 THC are generally permissible under federal law, which broadly defines hemp to include "derivatives, extracts and cannabinoids" within a specified THC limit, according to Forbes.

The Ohio Department of Commerce last June released new regulations on Delta-8 for medical cannabis businesses operating in the state.

According to the Cannabis Business Times, "Before the release, the content of delta-8 in medical cannabis products did not have to be accurately depicted on the label. Now, under the new guidance, the exact amount of delta-8 must be listed on the product label."

In March, U.S. Rep. Chellie Pingree, D-Maine, introduced legislation that would put a low-percentage cap on THC allowed in all hemp products, including delta-8.

Hemp growers maintain that restrictions on THC levels would strangle the industry because the restrictions are impossible to meet without harvesting too early.
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