9th Circuit Finds Delta 8 THC Legal

U.S. Court of Appeals for the Ninth Circuit panel decided on May 20, 2022, by a vote of 3 to 0, that the 2018 Farm Bill does not classify delta-8 goods as marijuana.

The decision came after a protracted legal dispute between AK Futures LLC ("AK") and Boyd Road Distro, LLC ("Boyd Street"). A vape and delta-8 manufacturer named, Plaintiff AK filed a case against Boyd Street in the United States District Court for the Central District of California, alleging copyright and trademark infringement and that the defendant marketed knockoffs of Plaintiff AK's goods.

The court decided that copyright and trademark infringement occurred after ruling that the 2018 Farm Bill legalized hemp and hemp-derived chemicals, including naturally-occurring delta-8.