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California Marijuana Laws

Updated August 2019 When it comes to cannabis legislation, California is one of the progressive states in the United States. It was the first state in the U.S. to legalize medical marijuana 20 years ago and in recent years voters approved a measure to legalize marijuana for recreational use. Learn more about California marijuana laws […]

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Updated August 2019

When it comes to cannabis legislation, California is one of the progressive states in the United States. It was the first state in the U.S. to legalize medical marijuana 20 years ago and in recent years voters approved a measure to legalize marijuana for recreational use. Learn more about California marijuana laws below.

Recreational Marijuana in California

Is marijuana legal in California? Yes– Voters passed Proposition 64 to legalize recreational marijuana in California in November 2016. The legal sale of recreational marijuana began in California on January 1, 2018. Under Proposition 64, adults aged 21 years and older can legally possess and use up to 28.5 grams (roughly 1 ounce) of marijuana and 8 grams of concentrated marijuana for recreational purposes. Adults are also allowed to cultivate up to six plants. Smoking is permitted in a private home, but remains illegal to use while driving a vehicle or when in public places.

Medical Marijuana in California

Ballot Proposition 215 received 56% ‘yes’ votes in November 1996, making California the very first state to legalize medical marijuana. Cannabis for medical purposes is legal for any patient with either a written or oral recommendation from a physician stating that they will benefit from medical marijuana. Medical marijuana cards can be acquired through the California Department of Public Health, but are not required to purchase medical cannabis from a dispensary.

Patients can possess up to 8 ounces of marijuana for any of the following conditions:

  • Anorexia
  • Arthritis
  • Cachexia or Wasting Syndrome
  • Cancer
  • Chronic Pain
  • Glaucoma
  • Severe nausea
  • HIV/AIDS
  • Migraine
  • Persistent Muscle Spasms, including those associated with Multiple Sclerosis
  • Seizures, including those associated with Epilepsy

California also allows medical marijuana for any chronic or persistent medical symptoms.

Consumption of CBD from Hemp Oil in California

Hemp-derived CBD products are legal under Federal Law in the United States; however, individual state laws are dynamic and fluid. Individual states may enact their own laws governing hemp-derived CBD.

Cultivation of Cannabis in California

Adults 21 and older can cultivate up to 6 plants for recreational purposes, under Proposition 64. California’s medical marijuana law allows qualified patients and their primary caregivers to cultivate 6 mature of 12 immature plants for medicinal reasons.

Legal Status of Other U.S. States

Stay up to date on the latest state legislation, referendums, and public opinion polls. Our Marijuana Legalization Map allows you to browse the current status of medical and recreational marijuana laws in other U.S. states and territories.

Sources

DISCLAIMER: The information contained in this website is for general information purposes only; it does not constitute legal advice. Although we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Therefore, any reliance you place on such information is strictly at your own risk.

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New Zealand Suspends Helicopter Searches for Cannabis Crops

CANNABIS CULTURE – A spokesperson for the New Zealand police was quoted to say, “with the increased harm in many communities arising from other drugs, particularly methamphetamine, a one-size-fits-all annual aerial national cannabis operation no longer…

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CANNABIS CULTURE – A spokesperson for the New Zealand police was quoted to say, “with the increased harm in many communities arising from other drugs, particularly methamphetamine, a one-size-fits-all annual aerial national cannabis operation no longer represents the most appropriate deployment of police resources.” Light propeller aircraft and helicopters have taken to the skies yearly from the 70s, giving New Zealand police a tool to surveil the ground below for cannabis-growing plots, forest fields, or…

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Is Delta 8 THC Legal in Your State?

If you’ve been studying up on the latest cannabis trends, then it’s very likely that delta 8 THC has entered your awareness.  This cannabinoid is growing quickly in popularity as more and more people are finding ways to incorporate it into their routine.  But still, there are many people, including diehard CBD lovers, who aren’t […]

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If you’ve been studying up on the latest cannabis trends, then it’s very likely that delta 8 THC has entered your awareness. 

This cannabinoid is growing quickly in popularity as more and more people are finding ways to incorporate it into their routine.  But still, there are many people, including diehard CBD lovers, who aren’t exactly sure what it is, or whether or not it’s even legal.

To learn more about Delta 8, and for exclusive deals on infused flowers and other products, subscribe to The Delta 8 Weekly Newsletter


What is Delta 8 THC?

Before we start getting into delta 8, let’s take a quick look at the more familiar Delta 9 THC, the type of tetrahydrocannabinol that is most commonly associated with cannabis. THC is the cannabinoid with psychoactive properties, and thus, the most controversial of the plant compounds.

Delta 9 THC is derived from THCA – or Tetrahydrocannabinolic acid – which is found in raw plants before heat is applied and it loses its carboxyl acid group, or CO2 molecule, creating the chemical formulation (C21H30O2), and then turning into Delta 9 THC. This process is known as decarboxylation.

From this point, a small percentage of Delta 9 will oxidize to become Delta 8 THC – a delta 9 analogue that is only found in trace amounts in the finished/cured flower. This is because delta 8 is only a slightly altered version of delta 9. More specifically, Delta 8 has a double bond on the 8th carbon atom whereas Delta 9 has it on the 9th one.

Much like other cannabinoids like cannabidiol (CBD), cannabichromene (CBC), and cannabinol (CBN), which appear in small amounts in the cannabis plant, delta-8 THC must be isolated and extracted to produce concentrations than what could be achieved via smoking or vaping. As far as medical benefits of Delta 8 THC, there are quite a few that are of particular interest.

Why is it important?

Numerous studies dating back to the 1970s, most of which come from Israel and were conducted by Professor Raphael Mechoulam and his associates, found Delta 8 to be associated with a number of different health benefits. As with other cannabinoids, it stimulates the endocannabinoid system can be used very diversely.

Delta-8 is already associated with a number of health benefits. The National Center for Biological Information (NCBI) describes delta-8 THC as follows: “An analogue of tetrahydrocannabinol (THC) with antiemetic, anxiolytic, appetite-stimulating, analgesic, and neuroprotective properties.” It goes on to say: “This agent exhibits a lower psychotropic potency than delta-9-tetrahydrocannabinol (delta-9-THC), the primary form of THC found in cannabis.”

Most notably is this cannabinoid’s ability to fight cancer and treat associated side-effects. This was first observed in a 1974 study that found delta-9 was able to slow tumor growth after a number of days, while delta-8 combined with CBN actually caused tumors to shrink after 20 days. Another study in 1995 on children with leukaemia, showed a high rate of efficacy for treating the cancer, while also controlling nausea and vomiting induced by other therapies.

What remains unknown, on a scientific level anyway, is exactly how the psychoactive effects of Delta 8 THC compare with those of Delta 9. According to another study from the 1970s, they found Delta 8 to have 2/3 the psychoactive effects of Delta 9, which is substantial, but still enough that a user will feel some noticeable effects.

Federal laws regarding Delta 8 THC

There was recently some controversy whether Delta 8 would be added to the DEA’s list of controlled substances, with many in the industry believing it would be prohibited under the Interim Ruling regarding “synthetically-derived” cannabinoids. This turned out not to be the case.

Although a few changes were made, the final result is this: if the end Delta 8 product is derived from hemp and has less than 0.3% Delta 9 THC, then it’s likely legal. The DEA does included Delta 8 THC on its list of controlled substances which was just updated in August 2020. But since the 2018 Farm Bill expressly exempts “tetrahydrocannabinols in hemp”, this means that any form of THC derived from hemp that falls within the already established limits will remain legal.

State-by-State legality

So yes, Delta 8 THC is federally legal… however, states can override federal laws if they choose to. It happens all the time with industries like alcohol, tobacco, and gambling. So, while Delta 8 may be federally legal, that doesn’t mean it’s legal in all 50 states.

What’s also interesting about this, is that the laws surround Delta 8 are not based on whether recreational cannabis is legal or not. Quite a few states with legal cannabis, including Arizona and Colorado, have banned the manufacture, sale, and possession of Delta 8 THC.

  • Alabama: Legal
  • Alaska: Delta 8 is illegal in the state of Alaska
  • Arizona: Delta 8 is illegal in the state of Arizona
  • Arkansas: Delta 8 is illegal in the state of Arkansas
  • California: Legal
  • Colorado: Delta 8 is illegal in the state of Colorado
  • Connecticut: Legal
  • Delaware: Delta 8 is illegal in the state of Delaware
  • Florida: Legal
  • Georgia: Legal
  • Hawaii: Legal
  • Idaho: Delta 8 is illegal in the state of Idaho
  • Illinois: Legal
  • Indiana: Legal
  • Iowa: Delta 8 is illegal in the state of Iowa
  • Kansas: Legal
  • Kentucky: Legal
  • Louisiana: Legal
  • Maine: Legal
  • Maryland: Legal
  • Massachusetts: Legal
  • Michigan: Legal
  • Minnesota: Legal
  • Mississippi: Delta 8 is illegal in the state of Mississippi
  • Missouri: Legal
  • Montana: Delta 8 is illegal in the state of Montana
  • Nebraska: Legal
  • Nevada: Legal
  • New Hampshire: Legal
  • New Jersey: Legal
  • New Mexico: Legal
  • New York: Legal
  • North Carolina: Legal
  • North Dakota: Legal
  • Ohio: Legal
  • Oklahoma: Legal
  • Oregon: Legal
  • Pennsylvania: Legal
  • Rhode Island: Delta 8 is illegal in the state of Rhode Island 
  • South Carolina: Legal
  • South Dakota: Legal
  • Tennessee: Legal
  • Texas: Legal
  • Utah: Delta 8 is illegal in the state of Utah
  • Vermont: Legal
  • Virginia: Legal
  • Washington: Legal
  • West Virginia: Legal
  • Wisconsin: Legal
  • Wyoming: Legal 

Final Thoughts

To summarize, Delta 8 is illegal in 11 states: Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, Rhode Island, and Utah.  In all other states, it is legal, but keep in mind that this is subject to change if state legislators determine that it should be classified as a controlled substance.  Therefore, before taking delta 8, you should always check with state laws, as laws regarding cannabis are prone to sudden change.

Thank you for stopping by CBDtesters.co, your prime location for all cannabis-related news. Keep up with us every day to know what’s going on in the world, and sign up to our newsletter so you’re always in the know!

RESOURCES:

Effective Immediately – Most Delta 8 THC Is Now ILLEGAL in The United States (Understanding the latest announcement by the DEA)
DELTA 8 THC Products Still Available Online; Companies Sueing The DEA
Synthetic Cannabinoids (Are they synthetic cannabinoids safe?)
The Endocannabinoid System Explained (Why Cannabis Is Good for Our Bodies)
Everything You Need To Know About CBD Isolate (a deep look into hemp extracts)
Cannabinoids 101 – Spotlight on CBN (Cannabinol)
Your Complete Guide to EU GMP-Certified CBD Isolate and Distillate – Spotlight on the regulated EU market
Everything You Need To Know About CBG Isolate
Newest Cannabinoid Powerhouse – CBC – What Can It Do for You?
What is DELTA 8 THC (FAQ: Great resource to learn about DELTA 8THC)
DELTA 8 THC Medical Benefits (The medical background of using DELTA 8 THC products)
DELTA 8 THC Business: Risks and Rewards (Read it before opening a DELTA 8 THC business)
DELTA 8 THC Legal loophole (Explains the legal background of the DELTA-8 THC business opportunity)
DELTA 8 THC Testimonials (What people have to say about DELTA-8 THC)
DELTA 8 THC 
Legal Paper
DELTA 8 THC Newsletter (The DELTA 8 THC Weekly Newsletter)
The 
CBD Flowers Weekly newsletter (your top resource for all things smokable hemp flowers)
The 
Medical Cannabis Weekly newsletter (International medical cannabis business report)
The Legal Landscape Of CBD Hemp Flower In Europe
Regulators Go After Smokable Hemp Flower – What Does The Future Hold?
The Complex Issue of Cannabis and Hemp Business On Tribal Land
Government Assistance Options for U.S. Hemp Farmers Affected By COVID-19

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Activist Resources

NJWeedman Sues New Jersey — For Legalizing Cannabis

CANNABIS CULTURE – NJWeedman (Aka Ed Forchion) has filed a lawsuit against the state of New Jersey for legalizing regulated cannabis on the grounds that new laws demand a colonialized system of selective prosecution. “What’s going on right now is the C…

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CANNABIS CULTURE – NJWeedman (Aka Ed Forchion) has filed a lawsuit against the state of New Jersey for legalizing regulated cannabis on the grounds that new laws demand a colonialized system of selective prosecution. “What’s going on right now is the Columbusization of the marijuana industry. In urban communities, we have not had shortages of marijuana in decades. You get these corporations coming in here saying they founded the cannabis industry, and they are setting…

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