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Delta-8 THC Products Legal, Trademark Protectable, 9th Cir. Says

May 19, 2022, 7:02 PM

The Delta-8 THC found in e-cigarettes and vape products is legal under the 2018 Farm Bill, the Ninth Circuit ruled Thursday, finding that companies selling those products can receive trademark protection.

The agricultural law created a distinction between marijuana and hemp, a legal product, but the “only statutory metric for distinguishing” the two is based on the concentration level of delta-9 THC, a three judge panel for the US Court of Appeals for the Ninth Circuit said.

Any cannabis-based product containing less than 0.3% delta-9 THC falls within the statutory definition of hemp, the court said, noting that the law’s ...