Higher Law: The Ninth Circuit Rules on Delta-8 | Nerds Sues Over Lookalike Pot Products | Rhode Island, Delaware Go Different Directions on Recreational Marijuana
"The plain and unambiguous text of the Farm Act compels the conclusion that the Delta-8 THC products before us are lawful,," wrote Senior Judge D. Michael Fisher of the Third Circuit.
May 26, 2022 at 04:32 PM
7 minute read
Welcome back to Higher Law, our weekly briefing on all things cannabis. I'm Cheryl Miller, reporting for Law.com from Sacramento.
This week we're looking at:
- The Ninth Circuit's sweeping Delta-8 ruling.
- A candy-maker's suit over lookalike cannabis products.
- Rhode Island's legalization of recreational marijuana.
- Delaware's rejection of recreational marijuana.
Thanks as always for reading. Please keep the feedback and story ideas coming. Drop me a line at [email protected]. You can call me, too, at 916.448.2935. Follow me on Twitter: @capitalaccounts.
Judge D. Michael Fisher, U.S. Court of Appeals for the Third Circuit. photo: Courtesy photo 'Plain and Unambiguous': Ninth Circuit Says Hemp-Derived Delta-8 THC Products are Legal
What started as a legal dispute over allegedly counterfeit vape products has ended, at least for now, with the U.S. Court of Appeals for the Ninth Circuit declaring that products made with hemp-derived Delta-8 THC, the cannabinoid cousin of the better-known Delta-9 THC, are legal.
A three-judge panel on May 19 affirmed a preliminary injunction barring Boyd Street Distro from selling fake versions of AK Futures' "Cake"-branded e-cigarette and vaping products. Boyd Street, represented by Sage Law Partners, argued that AK Futures can't hold a valid trademark for its products because Delta-8 THC is federally illegal.
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