According to a 9th Circuit Court of Appeals panel, products containing delta-8 THC are legal under federal law. The court ruled that the 2018 farm bill was clear and only restricted delta-9 THC to no more than 0.3% of a product on a dry-weight basis. The panel of three judges agreed unanimously that the law doesn’t mention anything about delta-8 THC, so one cannot claim that the substance is illegal under the 2018 farm bill.
Delta-9 THC, commonly called THC, is the most plentiful of all cannabinoids and it is responsible for the “high” that marijuana users experience. This substance is categorized as a controlled substance falling under Schedule 1 of the Controlled Substances Act. However, delta-8 THC occurs in miniscule amounts in a cannabis plant.
That notwithstanding, the latest cultivation as well as cannabis processing methods make it possible for these minor cannabinoids such as delta-8 THC to be extracted in larger amounts and then further processed into finished products. Since delta-8 THC is also psychoactive although to a lesser degree, the cannabinoid has become popular in jurisdictions where marijuana (and subsequently THC) is still prohibited.
The panel of three judges wrote that although delta-8 THC possesses psychoactive properties, the applicable federal law only singles out delta-9 THC while leaving other derivatives to be accepted as legal. The court then stated that it would not substitute its own opinion for the intent of the 2018 farm bill and if any loophole was created, the matter was for Congress to correct that anomaly.
The court ruling resulted from a lawsuit in which AK Futures, a manufacturer of vaping products as well as e-cigarettes, claimed that Boyd Street Bistro had infringed on its copyright and was marketing counterfeits of AK Futures’ products. Those counterfeits contained delta-8 THC. A lower court had issued a preliminary injunction restraining Boyd Street Distro from continuing to sell those products about which a copyright infringement lawsuit had been filed.
Boyd Street Bistro argued that there was no copyright infringement since delta-8 THC was prohibited federally. The appeals court disagreed and upheld the preliminary injunction against Boyd Street Bistro. Boyd Street also told court that it had sourced the delta-8 THC products from an individual who claimed to be a representative of AK Futures, and now that that individual had sold out the batch, there were no plans to procure any more products under that brand.
Counsel representing Boyd Street insisted that there wasn’t any evidence supporting the view that Congressional intent was in favor of legalizing delta-8 THC. If that were the case, numerous state as well as federal agencies would have taken steps to establish regulations preventing its marketing to minors and ensuring consumer safety.
Many of these conflicts over delta-8 THC are being documented across the country, and many advocates are saying that since plenty of research exists about delta-9 THC, it would be better for the entire marijuana industry and companies such as American Cannabis Partners if the federal government ended marijuana prohibition once and for all. This would potentially dampen interest in delta-8 THC, a compound with limited research done about it.
NOTE TO INVESTORS: The latest news and updates relating to American Cannabis Partners are available in the company’s newsroom at https://cnw.fm/ACP
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