A California federal appeals court ruled last week that delta-8 THC and other cannabinoids derived from hemp are legal under the 2018 Farm Bill, even if the substances have psychoactive properties.
In an opinion from the 9th Circuit Court of Appeals quoted by cannabis news site Marijuana Moment, the panel of judges wrote 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.
Federal statute “is silent with regard to delta-8 THC,” the court said in its 3-0 ruling.
The ruling from the 9th Circuit Court of Appeals was handed down in a case regarding a trademark dispute initiated by AK Futures, a manufacturer of vaping and e-cigarette products. In its lawsuit, the company claimed that Los Angeles-based Boyd Street Distro had sold counterfeit versions of AK’s delta-8 THC products. Boyd Street contended, however, that AK Futures’ claim of trademark infringement was invalid because delta-8 THC is illegal under federal law. Last week’s ruling from the 9th Circuit upholds a lower court ruling and preliminary injunction against Boyd Street.
“The record on appeal convinces us that AK Futures’ delta-8 THC products are lawful under the plain text of the Farm Act and may receive trademark protection,” the court’s opinion concludes.
The 9th Circuit ruling noted that if Congress did not intend to legalize psychoactive cannabinoids such as delta-8 THC with the 2018 Farm Bill, “then it is for Congress to fix its mistake.”
-From Marijuana Moment.
