Is Delta 8 THC Legal in California?

Legality of buying Delta 8 THC in California

View all Delta 8 THC Legal States Information

Delta 8 THC is an industrial hemp derivative that has been legalized in the State of California. Unlike CBD which is not psychoactive and cannot get you high, Delta 8 can get you high due to its psychoactive properties. Other psychoactive components such as Delta 9 THC have also been scrutinized when purchased outside of a dispensary. As long as the Delta 9 THC content remains below the .3% Delta-9 THC limit as measured on a dry weight basis, then Californians are freely able to purchase Delta 9 products online.

So what does the state say about Delta 8? This article will explore the legality of buying and selling Delta 8 THC in the State of California.

Yes, Delta 8 THC is legal in the State of California.

In California, Delta 8 is allowed. With Delta 8 THC legal in California, it has helped supply meet the growing demand in the state as this hemp-derived agricultural product is having a moment worldwide due its psychoactive effects. Industrial hemp-derived products are legal nationwide due to the 2018 Farm Bill which became the law of the land and opened the market for CBD-infused products along with hemp-derived Delta-8 products. Delta-9-THC cannabis products are legal in some states, including California, while Delta 8 THC for sale in California has been a relatively recent phenomenon.

Industrial hemp products have created a shift in consumer behavior as California Delta 8 Flower is rivaling marijuana flower searches in Los Angeles for the first time in history. Where to buy Delta 8 THC in California is top-of-mind for aficionados while those on-the-fence are questioning its legal status and how it compares with delta-9 tetrahydrocannabinol.

The delta-9 tetrahydrocannabinol concentration is federally regulated to not exceed .3% Delta-9 THC (in order to cross state borders) and there is not a Delta-8 percent tetrahydrocannabinol regulation currently in place on neither the federal-level nor at the state-level. In light of the newly discovered psychoactive cannabinoid, we have to look at the wording in new legislation in order to determine state lawmakers' stance on tetrahydrocannabinols.

Current California Delta-8 Legislation

According to the California Industrial Hemp Law and Regulations, which were revised on 4/12/21, Delta-8 THC is not a type of tetrahydrocannabinol that is regulated within the State of California. In the regulations document, it provides the following definitions:

“Industrial hemp” or “Hemp” means an agricultural product, whether growing or not, that is limited to types of the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, the resin extracted from any part of the plant, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta-9 tetrahydrocannabinol concentration of no more than 0.3 percent on a dry weight basis.

“THC” means delta-9 tetrahydrocannabinol.

“THC concentration” or “percentage concentration of THC” means the postdecarboxylated value of the percentage of delta-9 THC on a dry weight basis to the nearest thousandth, or three decimal places. The percentage concentration of THC may be measured by using either:
(1) a suitable analytical instrumentation described in Section 4942(b) that results in the decarboxylation of THC-acid to delta-9 THC, or
(2) a calculated value using a conversion formula of the percentage concentration of delta-9 THC plus eighty-seven and seven tenths (87.7) percent of the percentage concentration of THC-acid when a suitable analytical instrumentation described in Section 4942(b) does not result in the decarboxylation of THC-acid to delta-9 THC.

Delta-8 THC isn't mentioned by name (nor referenced to otherwise), and California specifically describes how they measure and what they measure for, which is Delta-9 THC, in the state.

Additionally, cannabis and cannabis products were removed from the state's Uniform Controlled Substances Act by initiative Prop. 64 in 2016, and amended again in 2017 with Senate Bill 94. California was one of the first states to establish a regulatory framework for the sale and use of cannabis both recreationally and medically.

California Industrial Hemp Act

In 2017, the state of California authorized commercial production of industrial hemp to meet the needs of the state’s industrial hemp industry.

It was Senate Bill 566 which was enacted to provide access to industrial hemp farming in California, which became effective on January 1, 2017 due to the Adult Use of Marijuana Law (Proposition 64). Hemp may now be grown and manufactured according to state law. Today, the California Industrial Hemp Program is overseen by the California Department of Food and Agriculture.

List of controlled substances

California lifted all penalties for possession and use of hemp-derived products. These include Delta-8 THC, which is not a listed controlled substance to begin with. Instead, we look to the president signing the 2018 Farm Bill into law which expressed the legalization of industrial hemp products nationwide with the limitation being not to exceed the .3% Delta-9 THC levels, as measured on a dry weight basis.

California has removed all penalties for cannabis-derived Delta-8 THC products due to its exclusion from the state’s Controlled Substances List.

Buying and Shipping Delta 8 in California

Since Delta 8 is legal in the State of California, residents can buy legal Delta-8THC products with a shipping address located in the state.

Border States to California:

Oregon, Nevada, and Arizona

Advocacy Groups in California Supporting Delta 8 and Hemp Laws

Californians are continuously showing their support of Delta 8 THC and pushing towards better Hemp Laws in the state. Check out some of the standout organizations in California:

California Cannabis Industry Association

California Hemp Council
California NORML