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Buy Delta 8 in California​

January 2022

You may be wondering if it is legal to purchase delta 8 in California. Delta-8 is not listed as a controlled substance in California. The state’s legislation has removed all hemp-derived products from its list of banned substances, meaning there are no restrictions to purchasing legal Delta-8 THC products.

California Delta 8 THC Laws

California has always been at the forefront when it comes to the legalization of cannabis and hemp-derived products. However, the state’s CBD laws can be confusing and hazy at best when it comes to finding information on Delta-8 THC legality. 

Cannabis enthusiasts assumed California would follow the same footsteps of neighboring states such as Nevada and Texas to restrict purchases of Delta-8. Thankfully, California has been progressive with their legislation to help clarify hemp products as its own separate classification that differs from the controlled substances list. Because of this new law, Delta-8 is assumed openly legal for purchase in the state of California as long as it consists of no more than 0.3% THC and is derived from legal CBD.

To read more about this legislation please see:

CALIFORNIA INDUSTRIAL HEMP LAW DIVISION 24, TITLE 3, DIVISION 4, CHAPTER 8 81000. Definitions

(a) For purposes of this division, the following terms have the following meanings:

(6) “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.

(9) “THC” means delta-9 tetrahydrocannabinol.

DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT

CHAPTER 1. General Provisions and Definitions [11000 – 11033]

“Cannabis” means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include either of the following:

(a) Industrial hemp, as defined in Section 11018.5.

(b) The weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product.

(Amended by Stats. 2017, Ch. 27, Sec. 115. (SB 94) Effective June 27, 2017. Note: This section was amended on Nov. 8, 2016, by initiative Prop. 64.)

11018.5. (a) “Industrial hemp” means a crop that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of 1 percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom.

(b) Industrial hemp shall not be subject to the provisions of this division or of Division 10 (commencing with Section 26000) of the Business and Professions Code, but instead shall be regulated by the Department of Food and Agriculture in accordance with the provisions of Division 24 (commencing with Section 81000) of the Food and Agricultural Code, inclusive.

(Amended by Stats. 2018, Ch. 986, Sec. 8. (SB 1409) Effective January 1, 2019. Note: This section was amended on Nov. 8, 2016, by initiative Prop. 64.)