Ninth Circuit Rules Delta-8 THC Is Legal

Ninth Circuit Rules Delta-8 THC Is Legal

A three-judge panel of the United States Court of Appeals for the Ninth Circuit upheld the United States District Court for the Central District of California’s ruling in AK Futures LLC v. Boyd Street Distro, LLC, finding that the 2018 Agricultural Improvement Act (the “Farm Bill”) legalized delta-8 THC. Delta-8, one of the 100-plus cannabinoids produced in the cannabis plant, has recently garnered heightened interest and attention for its ability to deliver psychoactive effects similar to (but milder than) those delivered by delta-9 THC, and because it can be sold in several states outside of the regulated cannabis marketplace in retail outlets like CBD shops. While legal controversy has swirled around delta-8, the Ninth Circuit has now ruled that it is federally legal. WRITTEN BY: Goodwin Jennifer Fisher Kelsey Middleton Brett Schuman   I. Delta-8 Hemp is federally legal while cannabis is not. The 2018 Farm Bill removed hemp, defined as cannabis, including its derivatives, extracts, and cannabinoids (among other things), with a delta-9 THC concentration of no more than 0.3%, from the Controlled Substances Act (“CSA”). Though delta-8 THC naturally occurs in the cannabis plant in small amounts, it is commonly made through a conversion process using CBD. Despite delta-8’s intoxicating effects, many consider it a lawful hemp-derivative product. States have taken varying approaches to delta-8 — some have banned it outright, others have regulated it, and many have remained silent. In AK Futures, the court made the call for states in the Ninth Circuit and deemed it federally legal. II. The Lawsuit AK Futures LLC, an e-cigarette and vaping product producer and distributor, filed suit against Boyd Street Distro, LLC, a Los Angeles based retailer and wholesaler, for trademark infringement. AK Futures devised a Cake brand logo to market its popular delta-8 THC e-cigarette and vaping products, and later became…

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Source : Ninth Circuit Rules Delta-8 THC Is Legal

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