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Sunday, May 22, 2022 1:21:03 PM
POLITICS Published 1 day ago on May 20, 2022
The federal legalization of hemp through the 2018 Farm Bill removed restrictions on a wide range of molecules produced by the cannabis plant—including, a new court ruling says, the psychoactive cannabinoid delta-8 THC.
A panel of the U.S. Court of Appeals for the Ninth Circuit wrote in an opinion published Thursday that products containing delta-8 THC are generally legal because federal law 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.
Delta-8 THC Products Are Federally Legal Just Like Hemp, Appeals Court Rules
The Ninth Circuit panel, for its part, noted that although delta-8 THC has “psychoactive and intoxicating effects,” it falls within federal law’s definition of hemp and is therefore legal.
“Regardless of the wisdom of legalizing delta-8 THC products, this Court will not substitute its own policy judgment for that of Congress,” Judge D. Michael Fisher wrote for the three-judge panel, which also included Judges Andrew Kleinfeld and Mark Bennett. All three were appointed by Republican presidents.
If lawmakers inadvertently created a loophole and didn’t intend to legalize psychoactive substances such as delta-8 THC, Fisher said, “then it is for Congress to fix its mistake.”
https://www.marijuanamoment.net/delta-8-thc-products-are-federally-legal-just-like-hemp-appeals-court-rules/
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