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Federal Court Rules Delta-8 Products Legal Under ‘Plain Text’ Of Farm Bill

“this court will not substitute its own policy judgment for that of Congress”

A federal court in California on Thursday ruled that the 2018 Farm Bill – which federally legalized hemp in the U.S. – repealed prohibitions on other cannabinoids including delta-8 THC, the San Francisco Chronicle reports. The Ninth U.S. Circuit Court of Appeals in San Francisco determined that the cannabinoid has “psychoactive and intoxicating effects” like delta-9 but is not a “marijuana” product and not explicitly banned by the Controlled Substances Act.

“Regardless of the wisdom of legalizing Delta-8 THC products,” Judge D. Michael Fisher wrote in the 3-0 opinion, “this court will not substitute its own policy judgment for that of Congress.”

The ruling came in a trademark case, AK Futures LLC v. Boyd Street Distro LLC, in which AK accused Boyd Street of selling counterfeit versions of its delta-8 products. The court found that since the 2018 Farm Bill legalized hemp, and therefore delta-8, trademark infringement can occur and did occur in the case.

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