Despite longstanding arguments from both sides, Delta-8 is a tetrahydrocannabinol compound that has sat within hemp’s gray area. One side argues that the Farm Bill was never intended to be used for hemp products that are classified as psychoactive. It further argues that Delta-8 shouldn’t be considered legal because it isn’t derived from hemp in a natural way. On the other side, the proponents have argued that Delta-8 is a legal compound that is derived from legal hemp.
This two-sided argument and no distinct authoritative ruling, it has placed Delta-8 in the hemp market’s gray area. However, Delta-8 THC is now in the green as the U.S. Court of Appeals for the Ninth Circuit has ruled that Delta-8 THC derived from hemp is legal under the 2018 Farm Bill. During a case of a trademark dispute in California, the U.S. District Court finally put the argument to rest, finding that the Farm Bill’s definition of legal hemp “expressly applies to ‘all’ such downstream products so long as they do not cross the 0.3-percent Delta-9 THC threshold.
The official ruling is a huge win for alternative brands and manufacturers that have invested themselves and their money in the come-up of Delta-8 products. Not long after Delta-8 started trending, it opened doors to a pool of similar compounds, and due to the ruling, they’ll never have to endure the same treatment.