Although delta 8 THC is legal at the federal level under the 2018 Farm Bill, rapidly rolling blackouts of the THC compound are sweeping the United States faster than you can light up a legal joint.

While this might seem unfair in light of all the medical and recreational marijuana legalization sweeping the country, and the recent legalization of hemp and CBD, it all rests on semantics.

Unfortunately, delta 8 is now illegal in California. After having been available on the market for years, California’s Governor, Gavin Newsom, issued emergency regulations in September 2024 that prohibited or banned the sale and use of delta 8 THC. This ban is expected to continue until around June 2025.

What is Delta 8 THC?

Delta 8 THC is a cannabinoid in cannabis plants that has a chemically similar structure and intoxicating effects similar to delta 9 THC (more commonly called THC and is the primary psychoactive component) but without common problems like paranoia.

This cannabinoid has less intense effects. You could think of delta 8 as a “kinder, gentler delta 9.” Delta 8 has most of the same effects as delta 9, and users report it doesn’t feel as potent. One problem with delta 8 is that you could see it as not a natural product if it’s derived from hemp only, so California has legalized both the delta 8 derivation from hemp as well as marijuana.

Is Delta 8 Legal in California?

No, delta 8 THC isn’t allowed in California. The state banned the sale of hemp products that contain detectable amounts of THC. This prohibition includes not just delta 9 THC, but its isomers as well, such as delta 8 and delta 10.

However, a bill (Assembly Bill 8) was recently introduced that, if passed, will allow the sale of hemp-derived THC products again, provided they’re in compliance with state regulations and laws. 

Do note though that the bill contains substantial regulations regarding delta 8 THC and synthetic cannabinoids. It will exclude cannabinoids synthesized through chemical processes as well as other products containing THC isolate.

This, in essence, still prohibits the production, sale, use, consumption, and possession of delta 8 THC products in California.

Where To Buy Delta 8 THC in California

If you reside in a state that allows delta 8 THC, online is still the best place to order delta 8 products, despite the various above-mentioned long arms of the law. However, reputable companies will only ship to states where it has a legal status. You can find the best prices and great sales there, and if you sign up for their newsletters, you will notice special deals.

Because you will be ordering directly from the manufacturer, you can save money and get their Certificate of Analysis before you buy. As we mentioned, a verifiable COA is critical to your good health. If you’re in doubt when they provide you with the document, contact the third-party tester and get further proof.

The benefits of ordering delta 8 THC online:

• Online shops have better pricing and seasonal discounts
• When you buy online you can read customer reviews & third-party tests before you buy
• Ordering online is easier and more convenient
• Online shops have a greater selection of products
• Products left on store shelves degrade more quickly

Shop For the Best Delta 8 THC Products in California

What Does the Farm Bill Have to Do With It?

Delta 8 can be extracted from hemp plants, which is one reason delta 8 remains legal at the federal level under the Farm Bill of 2018 or the Agriculture Improvement Act (the same bill that makes CBD legal without a prescription). Because the terminology includes isomers, delta 8 and delta 10 should be running around the United States scot-free, right?

Not so fast. It would take enormous amounts of the hemp plant to create enough delta 8 for consumption if manufacturers extracted it directly. So instead, they’re using hemp-derived ingredients like CBD and putting it through a natural process called isomerization to create delta 8 THC.

Delta 8 is not regulated, and some companies don’t have products third-party tested. So there could be anything from heavy metals to pesticides in your product  —  and no delta 8. This is why you should always ask for a Certificate of Analysis (otherwise known as a COA). Any good company will get you one immediately. What should you do when you encounter companies that delay or claim they don’t need one?

Run, don’t walk!

States Where Delta 8 is Banned

In addition to California, Alaska, Arizona, Arkansas, Colorado, Delaware, Kentucky, Idaho, Iowa, Mississippi, Montana, New York, Rhode Island, Utah, Vermont, and Washington have banned or restricted delta 8. Other states are also considering bans or restrictions, and a handful, like Alabama, have shot down the measures.

And it’s not just legislators who are concerned about delta 8. The marijuana growers themselves are concerned that the cheaper delta 8 will create excessive competition and put them out of business.

But remember how marijuana got legalized. It started with 54% of Colorado voters approving medical marijuana, and in 2012 voters passed Colorado Amendment 64 to allow recreational use. Now only 13 states have no provisions for marijuana use, and that number falls every year.

How to Use Delta 8 THC

Fortunately for consumers, the delivery method for delta 8 can vary widely. There are currently edibles, disposable pens, syringes for dabbing, and more. However, the most popular ways to get delta 8 seem to be vape cartridges, gummies, and tinctures.

Delta 8 THC Vapes

One of the fastest and best absorption rates of THC or CBD is by vaping. While you need to be careful about the carrier oil used in your vape, it’s one of the favorite ways to get your delta 8 as well.

It’s absolutely critical to your health to get a COA on your vapes. First, you must make sure they contain no oils that would cause lipid pneumonia. It’s a lot easier to read a document with test results than it is to have your lungs washed [1].

Remember that a vape vendor must verify your age to order vape products according to the PACT Act. If you enter a vape site that does not require proof of age, do not order from them. If they try to skirt a perfectly reasonable law, they are likely doing other unethical things — like being careless with the carrier oils. Don’t trust your tissue-paper lungs to unethical companies.

Also, remember that cheap vape products may also risk your health. Area 52 vapes may be more expensive, but these products have been tested within an inch of their lives so that you can have more confidence in their quality and safety. Your lungs are too important to settle for cheap imitations.

Delta 8 THC Gummies

Whether they have CBD or THC in them or not, gummies are just freakin’ delicious! Area 52’s packs have various flavors and a full 25 mg of delta 8 in each gummy. They do take a longer time to take effect, but the biggest drawback is that you can’t just snack on them like you do when you buy the delicious little buggers at the grocer.

Many people prefer gummies to other delivery methods just because they’re so good. The flavorings help hide whatever taste the Delta 8 carries with it, and they also bring back memories of munchies at the movies.

Delta 8 THC Tinctures

Tinctures are also an excellent delivery method for bioavailability. You place drops under your tongue and hold them there for 30 seconds. Area 52’s tinctures use a carrier oil that helps enhance absorption and make the delta 8 more effective.

Tinctures are also fast because they permeate the membranes under your tongue. Of course, vaping is faster delivery, but tinctures are not hard on our sensitive lungs. In that regard, tinctures are the best of both worlds — as fast as you can get it safely. Plus, like the gummies, flavored tinctures often hide the taste of the delta 8 THC, which can be bitter.

Area 52 also adds terpenes to the tincture formulas, enhancing the entourage effect of your delta 8.

Is Delta 10 THC Legal in California?

No, delta 10 THC is also illegal in California.

Delta 10 THC, another isomer rising in popularity, is yet another version of THC. New on the THC front, this compound is only found in trace amounts and is often mistaken as CBC or CBL.

Delta 10 arrived on the scene a little later than delta 8, but that doesn’t mean it won’t have a starring role in the future. This compound could be the answer for people who only want to relax a little and not get super high. In California, delta 10 is legal by the same standards as delta 8, and the best place to get it is online. Unfortunately, delta 10 is also illegal in California by the same standards as delta 8.

Because hemp and marijuana plants are of the same species (the difference is that hemp plants are limited to having only 0.3% THC content on a dry weight basis), they produce about the same delta 8. To keep it affordable, manufacturers use an innovative new process of deriving this compound from the much more available CBD from hemp.

Although it’s not as potent as delta 9 or delta 8, delta 10 users report it’s great for rough days or when you just can’t get into your work. But delta 8 and delta 10 may show up on drug tests, so you may fail if you are subject to them.

Is Marijuana (Delta 9 THC) Legal In California?

Marijuana has been legal in the state of California for several years now, both for medicinal purposes and recreational use. The limits involve age (21 years or higher) and possession limits (up to 28 grams).

Related: Where is marijuana legal in the United States?

Delta 8 THC: The THC of Tomorrow

Delta 8 and delta 10 are both a big part of the future of THC. Unfortunately, these compounds are illegal in California right now after the governor announced emergency regulations that prohibited the sale and use of intoxicating hemp products containing THC.

There are hopes for the legalization of hemp-derived intoxicating cannabinoids though. After all, we did it once with marijuana, and we can do it again with these THC isomers. Your politicians listened to you before, and now states like California are legalizing marijuana at various levels quickly. Perhaps part of the reason others are so quick to speak out against delta 8 is ignorance, much like what happened with marijuana.

What we can do right now is:

• Make demands as voters and contact our politicians regularly about how tax money from delta 8 cannabis products will help our states.
• Pressure dispensaries that are against delta 8 by hitting them in the pocketbook
• Continue supporting companies that make delta 8 whenever we can
• Educate the wet blankets with facts and truth, including potential therapeutic properties, until it becomes mainstream

We believe delta 8 will be available nationwide someday as more research is done. The bans won’t last in the face of a public that votes with its ballots, feet, and dollars.

FAQs on Delta 8 THC and Other THC Isomers

Learn more about the issues surrounding THC and its isomers in this short list of commonly asked questions.

1. Is Delta-8 Allowed in California?

No, delta 8 THC isn’t allowed in California, with the state prohibiting the sale of industrial hemp products that contain detectable amounts of THC in 2024.

2. Is Delta 9 Legal in California?

Delta 9 THC faces fewer restrictions than delta 8 and is legal and regulated by California’s Department of Cannabis Control, both for medical use and recreational purposes. However, intoxicating hemp products with THC are banned in the state.

3. Is Delta-8 Legal in All 50 States?

Yes. According to federal guidelines, delta 8 THC and other hemp-derived cannabinoids are technically considered legal in all 50 states and aren’t specifically listed as controlled substances.

However, due to its psychoactive nature, public health and consumer safety concerns, lack of proper regulation, and products that are mislabeled or don’t contain accurate labeling, many states have banned its sales and use.

State laws vary, so always check local rules and regulations when buying delta 8 products.

4. Is Delta 10 Legal?

Delta 10 is covered by the same laws that apply to delta 8 THC. This means that delta 10 is “technically legal” under federal laws and legal in all 50 states. However, similar to delta 8 THC, several states have also banned this cannabinoid, even if it’s derived from hemp.

5. Is HHC Legal in California?

No. HHC is an isomer of THC and is, therefore, illegal in California. 

References:

1. Taragallegos. (2024, September 9). Governor Newsom issues regulations to protect kids from dangerous and intoxicating hemp products | Governor of California. Governor of California. https://www.gov.ca.gov/2024/09/06/governor-newsom-issues-regulations-to-protect-kids-from-dangerous-and-intoxicating-hemp-products/
2. California Legislature. (n.d.). Assembly Bill 8: [Title of the Bill]. Retrieved from https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260AB8