A California federal appeals court ruled last week that delta-8 THC and other cannabinoids derived from hemp are legal under the 2018 Farm Bill, even if the substances have psychoactive properties.
In an opinion from the 9th Circuit Court of Appeals quoted by cannabis news site Marijuana Moment, the panel of judges wrote that products made with 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.
Federal statute “is silent with regard to delta-8 THC,” the court said in its 3-0 ruling.
“Regardless of the wisdom of legalizing delta-8 THC products, this Court will not substitute its own policy judgment for that of Congress,” Judge D. Michael Fisher wrote in the court’s unanimous decision.
