In May 2022, a Califonia federal appeals court ruled 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." 

Delta 8 THC is federally legal and remains legal in most states in the USA thanks to H.R. 2: The Agricultural Improvement Act of 2018, also known as the 2018 Farm Bill.

The 2018 Farm Bill specifically made all derivatives, isomers, and cannabinoids in hemp legal, provided the final product has less than 0.3% Delta 9 THC. Delta 8 THC is an isomer of CBD, a derivative of hemp and CBD, a cannabinoid found in hemp, and is ultimately contained in our products with less than 0.3% Delta 9 THC.

We often get asked about the Federal Analogue Act, which is part of the Controlled Substances Act, because Delta 8 THC is listed. This is where the 2018 Farm Bill is especially helpful, as it also includes an amendment to the Controlled Substances Act, explicitly removing all tetrahydrocannabinols found in hemp.

The relevant language from the 2018 Farm Bill is quoted below, along with links to the original text for your reference.

Note that the information contained on this page and website is not legal advice and is for informational purposes only. Read our full legal disclaimer HERE. Please note, that although we do our best to stay as up to date as possible on all state and federal laws, the laws, especially at the state level, are always changing. It is ultimately your responsibility to do your own due diligence and work with a qualified, legal professional to ensure that you are operating legally within your state or territory at all times.