Read on for the full scoop on the legality of Delta 9 THC in California.
Is Delta 9 THC Legal in California?
All forms of cannabis usage have been fully legal under California law since 2016. Cannabis products (consumables, cosmetics, etc) were not legal for sale to the general public under the 2016 California legalization. Furthermore, cannabis was a controlled substance under federal law until the 2018 Farm Bill, which legalized certain types of THC products.
How Is Delta 9 THC Legal?
Under the 2018 Farm Bill, products containing Delta 9 THC are legal on a federal level in the US, provided they meet the following conditions.
- The Delta 9 THC is derived from hemp
- Products contain 0.3% or less of THC by dry weight
California followed up with similar state legislation authorizing the sale of Delta 9 THC products that meet Farm Bill criteria.CDFA has revised and submitted the proposed California state regulatory plan to the U.S. Department of Agriculture (USDA) for review and approval on December 20, 2021. USDA has approved California’s state regulatory plan for hemp production, effective January 1, 2022.
Let’s get into the details.
The 2018 Farm Bill
The 2018 Farm Bill authorized the widespread production of hemp derived products on a federal level, and removed hemp from the DEA (Drug Enforcement Administration) list of Controlled Substances.
This Bill differentiated industrial hemp from marijuana, which is cultivated for its high THC content. Federally legal hemp products, according to the Farm Bill, must contain less than 0.3% of THC by dry weight, and the source of THC must be industrial hemp.
Even though hemp is legal on a federal level, each state can determine which hemp-derived products are legal in said state. For example, Delta 8 THC gummies are legal on a federal level but illegal in a number of states.
The 2018 Farm Bill gives states the authority to submit plans to the United States Secretary of Agriculture in order to have primary regulatory control over the production of hemp within their borders. The plans must include procedures for tracking the land on which hemp will be grown, as well as testing, disposal, enforcement, inspection, and certification procedures.
California State Bill AB-45
Personal recreational cannabis use was already legal in California prior to the federal Farm Bill. However, cannabis products were not legalized for sale to the general public.
On October 6, 2021, California Governor Gavin Newsom signed the California State Bill AB-45 into law. AB-45 is comprehensive legislation that regulates and legitimizes the inclusion of industrial hemp in consumer products. The law allows hemp-derived THC to be used in consumer products and consumables, provided said products contain less than 0.3% Delta 9 THC.
Previously, the Sherman Food, Drug, and Cosmetic Law prohibited the sale of hemp-infused foods, dietary supplements, and cosmetics in California because they met the criteria of an adulterated product.
AB-45 amends the Sherman Food, Drug, and Cosmetic Act so that dietary supplements, food, beverages, cosmetics, and pet food are not considered adulterated when hemp or its derivatives are present. The measure also requires hemp product producers to register, specifies comprehensive standards governing the packaging, labeling, and testing of finished hemp goods, and forbids the manufacturing and sale of inhalable hemp products.
In addition, the bill concerns the use of Delta-8 THC and "other similar cannabinoids" in finished hemp products.
Medical Marijuana in California
When voters approved the Compassionate Usage Act in 1996, California became the first state to legalize medical cannabis use. Both recreational cannabis and medical marijuana are legal in California.
On November 5, 1996, California took a significant step toward decriminalizing marijuana use. Proposition 215, often known as the "Compassionate Use Act of 1996," was approved in California. Proposition 215 was the first state-level medical marijuana ballot measure to succeed, allowing physicians to prescribe cannabis use to individuals suffering from specific diseases.
According to California medical marijuana laws:
- The California Department of Public Health's (CDPH) Medicinal Marijuana Identification Card Program operates a state-wide regulatory identification system. that mainly enforces access to medical marijuana today (MMICP).
- The program includes a state-wide identity card and a database of registered patients and physicians. This database enables law enforcement and other groups to hold California residents accountable for legal marijuana possession.
- Patients who have a doctor's recommendation can produce or possess more marijuana than recreational users.
- If you are under the age of 21, you must get a doctor's approval to acquire marijuana.
AB-45 California Industrial Hemp Law
Industrial hemp products
(1) Existing law, the Sherman Food, Drug, and Cosmetic Law, prohibits the manufacture, sale, delivery, holding, or offer for sale of adulterated foods, beverages, or cosmetics. Existing law prescribes when a food or beverage is adulterated, including if it bears or contains any poisonous or deleterious substance that may render it injurious to the health of a person or other animal that may consume it. Existing law prescribes when a cosmetic is adulterated, including when it bears or contains a poisonous or deleterious substance that may render it injurious to users under the conditions of use prescribed in the labeling or advertisement of the cosmetic, under customary or usual conditions.
This bill would require a manufacturer of dietary supplements and food that includes industrial hemp to register with the State Department of Public Health and to be able to demonstrate that all parts of the plant used come from a state or country that has an established and approved industrial hemp program, as defined, that inspects or regulates hemp under a food safety program or equivalent criteria to ensure safety for human or animal consumption and that the industrial hemp cultivator or grower is in good standing and compliance with the governing laws of the state or country of origin.
This bill would state that a dietary supplement, food, beverage, cosmetic, or pet food is not adulterated by the inclusion of industrial hemp or cannabinoids, extracts, or derivatives from industrial hemp if those substances meet specified requirements, and would prohibit restrictions on the sale of dietary supplements, food, beverages, cosmetics, or pet food that include industrial hemp or cannabinoids, extracts, or derivatives from industrial hemp-based solely on the inclusion of those substances.
Sec. 6. Section 110407 is added to the Health and Safety Code, to read:
- (a) A manufacturer, distributor, or seller of an industrial hemp product shall not include on the label of the product or publish or disseminate in advertising or marketing, any health-related statement that is untrue in any particular manner as to the health effects of consuming products containing industrial hemp or cannabinoids, extracts, or derivatives from industrial hemp in violation of this part.
Sec. 8. Section 110611 is added to the Health and Safety Code, to read:
- Except as provided in Section 25621.5 of the Business and Professions Code, a dietary supplement, food, or beverage is not adulterated by the inclusion of industrial hemp, as defined in Section 11018.5, as long as the cannabinoids, extracts, or derivatives from industrial hemp meet the requirements established in Chapter 9 (commencing with Section 111920). The sale of a dietary supplement, food, or beverage that includes industrial hemp or cannabinoids, extracts, or derivatives from industrial hemp shall not be restricted or prohibited based solely on the inclusion of industrial hemp provided that the cannabinoids, extracts, or derivatives from industrial hemp meet the requirements of Chapter 9.
SEC. 9. Section 111691 is added to the Health and Safety Code, to read:
- A cosmetic is not adulterated because it includes industrial hemp, as defined in Section 11018.5, as long as the cannabinoids, extracts, or derivatives from industrial hemp meet the requirements established in Chapter 9 (commencing with Section 111920). The sale of a cosmetic that includes industrial hemp or cannabinoids, extracts, or derivatives from industrial hemp shall not be restricted or prohibited based solely on the inclusion of industrial hemp provided that the cannabinoids, extracts, or derivatives from industrial hemp meet the requirements established in Chapter 9.
CHAPTER 9. Industrial Hemp
(f) “Industrial hemp” has the same meaning as in Section 11018.5. “Industrial hemp” does not include cannabinoids produced through chemical synthesis.
(g) (1) “Industrial hemp product” or “hemp product” means a finished product containing industrial hemp that meets all of the following conditions:
(A) Is a cosmetic, food, food additive, dietary supplement, or herb.
(B) (i) Is for human or animal consumption.
(ii) “Animal” does not include livestock or a food animal as defined in Section 4825.1 of the Business and Professions Code.
(iii) Does not include THC isolate as an ingredient.
2) “Industrial hemp product” does not include industrial hemp or a hemp product that has been approved by the United States Food and Drug Administration or a hemp product that includes industrial hemp or hemp that has received Generally Recognized As Safe (GRAS) designation. For purposes of nonfood applications, “industrial hemp product” does not include a hemp product that contains derivatives, substances, or compounds derived from the seed of industrial hemp.
(i) “Raw extract” or “industrial hemp raw extract” means extract not intended for consumer use and that contains a THC concentration of not more than an amount determined by the department in regulation.
(j) “Raw hemp product” means a product that is derived from industrial hemp that is intended to be included in food, beverage, dietary supplement, or cosmetic.
(l) “THC” or “THC or comparable cannabinoid” means any of the following:
(1) tetrahydrocannabinolic acid.
(2) Any tetrahydrocannabinol, including, but not limited to, Delta-8-tetrahydrocannabinol, Delta-9-tetrahydrocannabinol, and Delta-10-tetrahydrocannabinol, however, derived, except that the department may exclude one or more isomers of tetrahydrocannabinol from this definition under subdivision (a) of Section 111921.7.
What is Delta 9 THC?
Delta 9 tetrahydrocannabinol (also known as Delta 9 THC or Δ-9-THC) is one of the many forms of THC found in hemp and marijuana plants. Tetrahydrocannabinols (THC compounds) are among the 113 cannabinoids recognized in cannabis.
Delta 9 THC is found in both hemp and marijuana plants. THC in hemp has been a controversial topic in recent years. Hemp plants contain very low levels of Delta 9 THC, but because of their close relationship to marijuana plants, they are often confused with them. This misunderstanding has led to a great deal of confusion and debate surrounding the legal status of hemp products.
All THC compounds produce psychoactive effects and make you feel high at a sufficient dosage, with Delta 9 THC providing the strongest effects. Our Delta 9 products contain THC in small doses: enough for you to experience the many benefits of THC without experiencing unwanted psychoactive effects.
The Difference Between Hemp Derived Delta 9 and “Regular THC”
The difference between Delta-9 obtained from hemp and Delta-9 derived from cannabis is not scientific. Hemp and cannabis are both types of the Cannabis sativa plant. They also share many of the same chemicals, such as CBD and Delta-9. There are two primary methods through which hemp-derived Delta-9 THC is manufactured.
One method is "isomerization," in which manufacturers use chemical processes to turn hemp-derived CBD into Delta-9. Most manufacturers employ isomerization to generate Delta 8, Delta-10, and other common THC isomers. Delta-9 THC obtained in this manner is referred to as hemp-derived rather than hemp-extracted.
Another popular technique is to take natural Delta-9 extract from hemp. This can happen during the distillation of other cannabinoids, such as CBD. As this method literally extracts Delta-9 from hemp, it’s referred to as hemp-extracted THC Delta-9.
Both methods remain legal ways to produce hemp Delta-9.
How to Take Delta 9 THC Legally in California?
It’s easy to find Delta 9 THC products that are derived from hemp and legal in California. California’s Hemp Law allows consumable hemp products with less than .3% Delta-9 THC in the state, but doesn’t allow inhalable hemp products.
THC products—such as THC concentrates, THC tinctures, THC edibles, and THC gummies (with no Delta 8)—are incredibly popular, and totally legal both for recreational and medical use. nama CBD offers a wide spectrum of THC gummies, as well as full spectrum CBD products that contain Delta 9.
All our Delta 9 THC products are California legal. Whether you live in Los Angeles, San Diego, or San Francisco, you can easily buy Delta 9 THC products from nama CBD online.
THC Products - Delta 9 Gummies
Our Delta 9 THC gummies are vegan and made from high-quality American hemp. Choose the perfect edible for you from an array of flavors and potencies we offer. No matter which gummy you get, you can rest assured that the product you receive is made from natural ingredients and legal across the US (including California). All our Delta 9 THC products meet Farm Bill standards and are thus Federally compliant.
To buy legal Delta 9 THC gummies, edibles, and sleep drops, shop our online store today!
Full Spectrum CBD Products with Delta 9 THC
In addition to Delta 9 edibles, we offer vegan CBD gummies that contain Delta 9 THC. Cannabidiol (CBD) is a naturally occurring compound found in hemp and cannabis that provides countless benefits without inducing a high.
Full spectrum CBD gummies contain both CBD and Delta 9 THC to encourage an entourage effect. This means the benefits of each compound are more pronounced. If you are looking for gummies to help you fall asleep, full spectrum gummies should be your top choice.
Delta 9 THC Effects
The effects of Delta 9 THC will vary from person to person. Previous experience with THC and the dosage you take will dictate how Delta 9 will affect you. THC users report feeling the following effects to varying degrees, depending on dosage taken:
- an increase in appetite
- perception changes
Delta 8 vs Delta 9
Delta 8 THC and Delta 9 THC are both cannabinoids that are found in marijuana. While both Delta 9 and Delta 8 THC offer a variety of potential benefits, they each have their own unique effects.
Delta-9 THC is the most well-known type of THC cannabinoid product. It is the main psychoactive component in cannabis, and it is responsible for the plant's signature "high." Delta-9 THC as a more potent Delta strain of THC is also known for its medical benefits, which include pain relief, anti-inflammatory effects, and more.
A Delta 8 product is less potent than Delta 9 products, making it a good choice for those who are new to cannabis or looking for a more gentle experience.
In terms of medical benefits, both cannabinoids have been shown to be effective at reducing anxiety and pain.
In terms of medical marijuana, Delta 8 THC is sometimes used to treat cancer patients who are undergoing chemotherapy, as it can help to reduce nausea and vomiting. It is also being studied as a potential treatment for Alzheimer's disease and other forms of dementia. Delta 8 has also been shown to help with nausea and appetite loss, while Delta 9 can improve focus and concentration.
However, more research is needed to confirm the efficacy of Delta 8 THC and Delta 9 in these potential applications.
Can I Buy Delta 9 Online in California?
If you’re looking to buy legal Delta 9 THC edibles in California, you’re in luck. All our Delta 9 gummies, as well as our edibles that don’t contain Delta 9, are derived from hemp and are legal on a federal level, as well as in the State of California. We offer free shipping for our Delta 9 THC products to anywhere in California, including Sacramento, San Bruno, San Jose, Fresno, and everywhere else across the state.
Our products go through a rigorous third party testing process, with lab results for each product available on our website. Our gummies are vegan, flavored with fruit, and infused with the finest American hemp.
Also see our guide on where to buy Delta 9 edibles and gummies in California.
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FAQ on Delta 9 California Legality
Are Delta 9 gummies legal in California?
Yes, Farm Bill compliant Delta 9 gummies are legal in California. You can buy Delta 9 gummies online or in-store without any restrictions, so long as they meet the following conditions:
- The THC must be derived from the hemp plant rather than the marijuana plant
- THC concentrations must not exceed 0.3% by dry weight
All nama CBD Delta 9 products are fully legal, both federally and in the state of California.
Is Delta-9 legal in all states?
In December 2018, the U.S. Congress passed the 2018 Farm Bill, federally legalizing hemp, defined as cannabis (plant Cannabis sativa L.) and derivatives of cannabis with extremely low concentrations of the psychoactive compound Delta-9-tetrahydrocannabinol (THC) (no more than 0.3 percent THC on a dry weight basis), from the definition of marijuana in the Controlled Substances Act (CSA).
These products are now legal in 49 states which essentially follow the Farm Bill when it comes to Delta-9. Idaho is the only state where hemp Delta 9 is explicitly banned.
Is Delta 9 federally legal?
The Farm Bill that was passed in 2018 made it legal to grow and sell hemp-derived products that contain 0.3% or less Delta-9 THC by dry weight. This law applies to all states in the US, plus Puerto Rico and D.C.
However, some states have additional restrictions on Delta-9 THC, and California and Idaho are states with general restrictions on hemp-derived Delta-9 THC. These restrictions involve testing requirements and packaging restrictions.
Despite these restrictions, hemp Delta 9 THC products are still legal in 49 states, making them widely available to consumers across the country.
Which is stronger, Delta 8 or Delta-9?
Generally, Delta 9 THC is stronger than Delta 8 THC. According to a recent study, the effects of Delta 8 are much milder, with participants comparing this compound to ‘Delta 9’s younger sibling’. Due to their milder effects, gummies with Delta 8 are a great choice for people new to products containing hemp.
Is Delta 10 legal in California?
Delta 10 THC is legal in California.
Delta 10 THC is not banned under the Controlled Substances Act since it does not occur in any significant level in any species of the plant Cannabis sativa, according to the United States Drug Enforcement Administration (CSA). However, because of the latest legal correction to the AB-45 bill, you can now only purchase a hemp-derived product that has a max of 0.30% total THC on dry weight basis.
Is Delta-8 legal in California 2022?
The state recently established governing the use, possession, sale, and manufacture of hemp-derived Delta-8 THC products containing more than 0.3% THC. All Delta-8 products containing more than 0.3% THC must be manufactured in accordance with strict state regulations. Delta-8 items cannot be sold by unauthorized online or physical retailers.
Delta-10, HHC, and THC-O products containing more than 0.3% THC are also restricted and regulated by California state law, similarly to Delta-8.
Where to buy Delta 8 in California?
In California, you can buy Delta 8 THC products from licensed online stores.
Avoid purchasing Delta-8 goods from any unauthorized merchant, including strangers on the internet, on social media outlets, or forums. The risk of purchasing a fake product is significantly high.
nama CBD sells quality Delta 8 gummies that are legal for California residents to buy.
Can I fly with Delta 9 gummies?
Yes, you can fly to and from 49 US states with hemp-derived Delta 9 gummies that contain less than 0.3% of THC, except Idaho. If you are traveling abroad, the legality status of hemp products in the country you’re traveling to will dictate whether you can fly with Delta 9. Remember, hemp is a controlled substance in many countries, and even fully illegal in some.
Is Delta 9 an indica or sativa?
Delta 9 itself is neither an indica or a sativa, but it can come from either of the two main strain types of the cannabis plant: Cannabis sativa and Cannabis indica. These cannabis plants produce different effects, as indica strains contain more CBD, leading to a more relaxing high. Unlike hemp-derived Delta 9, cannabis-derived Delta 9 THC is not federally legal.
Does Delta 9 show up on drug tests?
Yes, Delta 9 will show up on a drug test, as will all other forms of THC. If you know you’re going to be drug tested, stop taking products with THC about a month or so before the test, even if the product in question is fully legal.
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