Is Delta 8 Legal in California?

May 27, 2025

Is Delta 8 Legal in California? (2025 Update)

As of 2025, it’s illegal to sell or distribute hemp-derived Delta 8 THC products for human consumption in California. However, possession and personal use of Delta 8 products aren’t criminalized under state law — which is why so many consumers receive mixed messages about its legal status.

The confusion stems from California Assembly Bill 45 (AB 45), passed in October 2021, which allows the sale of hemp-derived cannabinoids like CBD but explicitly bans intoxicating hemp products — including Delta 8 THC — when intended for human or animal consumption. This includes gummies, vapes, tinctures, and any other product meant to be ingested or inhaled.

“A hemp product shall not include any product containing Delta-8 THC, Delta-10 THC, or THC-O if intended for human or animal consumption, unless the product is manufactured in accordance with [state cannabis law].”
 — California AB-45, Section 111920.2

So while it’s technically not illegal to possess Delta 8, most products consumers search for — particularly those made from hemp and sold outside the licensed cannabis market — cannot be legally sold in the state.

And enforcement is active. The California Department of Public Health (CDPH) has issued clear guidance targeting businesses that sell non-compliant hemp-derived Delta 8 products, especially those sold through vape shops, CBD retailers, and online vendors shipping into the state. Penalties for businesses include fines, product seizures, and potential license action. 

For consumers, buying from illegitimate sources comes with real risks: mislabeled ingredients, unsafe formulations, or counterfeit products. So what’s really happening in California — and are there any legal, safe alternatives? Let’s break down the laws, enforcement, and practical options for buyers in 2025.

Why Is Delta 8 Illegal in California Despite Cannabis Legalization?

California's legalization of recreational cannabis in 2016 might suggest that all THC products are permissible. However, the state's regulatory framework distinguishes between cannabis-derived and hemp-derived cannabinoids, leading to the prohibition of certain products like Delta 8 THC.

Delta 8 from Hemp vs. Delta 9 from Cannabis

The crux of the issue lies in the source and production method of the cannabinoids:

• Delta 9 THC: This is the primary psychoactive compound in cannabis, naturally abundant in marijuana plants. Its cultivation, sale, and consumption are regulated under California's cannabis laws, requiring products to be sold through licensed dispensaries.

• Delta 8 THC: This cannabinoid occurs in trace amounts in hemp and is typically produced through a chemical process called isomerization, converting hemp-derived CBD into Delta 8 THC. This synthetic conversion raises regulatory concerns, as the process can introduce impurities and lacks standardized safety protocols.

The synthetic nature of most commercially available Delta 8 THC products, combined with the lack of oversight in their production, differentiates them from naturally occurring cannabis products and subjects them to stricter scrutiny.

AB 45 and the Restriction on Hemp-Derived Delta 8

In response to the proliferation of unregulated hemp-derived THC products, California enacted Assembly Bill 45 (AB 45) in October 2021. This legislation redefined the state's approach to hemp products:

• Prohibition of Intoxicating Hemp Products: AB 45 explicitly bans the inclusion of intoxicating cannabinoids, such as Delta 8 THC, in hemp products intended for human or animal consumption, unless these products are manufactured in compliance with the state's cannabis regulations.

• Regulatory Oversight: The law mandates that any hemp-derived product containing intoxicating cannabinoids must undergo the same rigorous testing, labeling, and distribution requirements as cannabis products, effectively limiting their sale to licensed cannabis dispensaries.
  
  

This legislative move aims to close loopholes that allowed the sale of potent THC products outside the state's regulated cannabis market, ensuring consumer safety and product consistency.

In summary, while California permits the use of cannabis-derived THC products under strict regulations, it prohibits the sale of hemp-derived Delta 8 THC products due to concerns over their synthetic production methods and the lack of regulatory oversight in their manufacturing and distribution processes.

What California Law Says About Delta 8 Products

In California, Delta 8 THC is not classified as a Schedule I controlled substance. Instead, it's regulated as a restricted hemp-derived cannabinoid. This distinction means that while possession of Delta 8 THC isn't criminalized, its sale and distribution are subject to stringent regulations.

Legal Sales Channels – Dispensaries vs. Retailers

Under California law, only licensed cannabis dispensaries may potentially offer Delta 8 THC products, and only if these products are derived from cannabis and comply with state regulations. Non-licensed hemp retailers, such as vape shops, CBD stores, and wellness shops, cannot legally sell hemp-derived Delta 8 THC products intended for human consumption.

Enforcement and Risk for Consumers and Retailers

The California Department of Public Health (CDPH) has actively enforced these regulations. In September 2024, emergency regulations were enacted, prohibiting the sale of consumable hemp products containing any detectable amount of THC, including Delta 8 THC. These regulations also introduced age restrictions and serving size limitations for hemp products.

Retailers found in violation of these regulations may face regulatory warnings, product seizures, recalls, and civil penalties. For consumers, purchasing Delta 8 THC products from unlicensed sources carries risks, including exposure to untested and potentially unsafe products.

In summary, while Delta 8 THC is not a controlled substance in California, its sale and distribution are heavily regulated. Only cannabis-derived Delta 8 THC products sold through licensed dispensaries are potentially permissible, whereas hemp-derived Delta 8 THC products intended for human consumption are prohibited. Consumers and retailers must navigate these regulations carefully to ensure compliance and safety.

Can You Still Buy Delta 8 in California?

As of September 2024, California has implemented stringent regulations that effectively ban the sale of consumable hemp-derived Delta 8 THC products. The California Department of Public Health (CDPH) issued emergency regulations prohibiting any detectable amount of THC, including Delta 8, in hemp-derived consumables such as edibles, beverages, and dietary supplements. 

Despite these regulations, some retailers have attempted to circumvent the law through mislabeling or by selling products under the guise of compliance. However, enforcement actions have been robust. The California Department of Alcoholic Beverage Control (ABC) conducted inspections across the state, resulting in the seizure of thousands of illegal products and penalties for non-compliant businesses.

Consumers purchasing Delta 8 products from unlicensed or non-compliant sources risk exposure to untested and potentially unsafe products, as well as legal repercussions.

Can You Order Delta 8 Online in California?

No. The sale and shipment of hemp-derived Delta 8 THC products intended for human consumption into California are prohibited. Online vendors selling such products into the state are operating illegally under current regulations. The CDPH's emergency regulations apply to all sales channels, including online platforms, and enforcement actions have targeted businesses violating these rules.

Consumers should exercise caution when encountering online retailers claiming to legally ship Delta 8 products to California. Purchasing from these sources not only contravenes state law but also poses risks associated with unregulated and potentially unsafe products.

In summary, while possession of Delta 8 THC may not be explicitly criminalized in California, the sale, distribution, and shipment of hemp-derived Delta 8 products for human consumption are effectively banned under current state regulations. Consumers are advised to avoid purchasing these products within the state or from online vendors shipping into California to ensure compliance with the law and personal safety.

Best Legal Alternatives to Delta 8 in California

With the sale of hemp-derived Delta 8 THC products prohibited in California, consumers seeking similar effects must turn to legal and compliant alternatives. The following options are legally available to California residents and can be purchased through licensed dispensaries or reputable online retailers.

Cannabis-Derived Delta 9 THC Products from Licensed Dispensaries

California's regulated cannabis market permits the sale of Delta 9 THC products derived directly from cannabis plants. These products are available to adults aged 21 and over through state-licensed dispensaries. They undergo rigorous testing for potency, contaminants, and quality assurance, ensuring consumer safety.

It's important to note that hemp-derived Delta 9 THC products, even those containing less than 0.3% THC by dry weight, are prohibited in California. The state's regulations, particularly the emergency rules enacted in September 2024, ban the sale of hemp-derived products containing any detectable amount of THC intended for human consumption.

CBN Products for Relaxation and Sleep

Cannabinol (CBN) has gained popularity in California as a sleep aid and relaxation supplement. CBN is a non-intoxicating cannabinoid found in aged cannabis and hemp plants. Products containing CBN are legally available through licensed cannabis dispensaries in California.

CBN products often come in the form of tinctures, capsules, or edibles and are sometimes combined with other cannabinoids like CBD to enhance their effects. Consumers should ensure they purchase these products from reputable sources that provide third-party lab testing to verify cannabinoid content and purity.

Full-Spectrum CBD Products

Full-spectrum CBD products contain a range of cannabinoids, terpenes, and other beneficial compounds found in the cannabis plant, excluding THC. These products are legally available in California through licensed dispensaries and can be used for various wellness purposes, including stress relief and general relaxation.

It's crucial to ensure that full-spectrum CBD products purchased in California are compliant with state regulations, particularly regarding THC content. Consumers should look for products that have been tested by independent laboratories and provide Certificates of Analysis (COAs) confirming their cannabinoid profiles.

Zero THC Products: A Legal and Effective Option in California

Zero THC Products: A Legal and Effective Option in California

With Delta 8, Delta 9, and other hemp-derived THC products restricted in California, zero THC formulas offer a compliant, accessible, and highly functional alternative for wellness-focused users. These products deliver targeted benefits — for sleep, libido, recovery, and focus — without any intoxicating effects or legal risks.

What Are Zero THC Products?

Zero THC products are formulated using non-psychoactive cannabinoids like CBD, CBN, and CBG, but undergo additional purification steps to completely remove all detectable levels of THC, including Delta 8, Delta 9, and Delta 10. That makes them fully legal for sale and shipment in California, provided they meet labeling, testing, and packaging standards under state hemp laws.

Unlike full-spectrum hemp products, these formulas don’t carry trace amounts of THC. For California consumers, that distinction is critical — because even trace THC content in hemp-derived edibles or supplements can make a product non-compliant under current CDPH regulations.

Functional Formulas for Sleep, Libido & More

Moonwlkr offers Zero THC gummies designed to deliver results — without the legal complexity or psychoactive effects:

• Sleep Gummies – Caramel Apple Dream
  Formulated with calming cannabinoids like CBN and CBD, this blend is designed to quiet the mind and promote restful sleep. Ideal for those seeking natural sedation without the “high.”

• Libido Gummies – Passion Berry
  A THC-free blend crafted to support blood flow, mood, and arousal — using non-intoxicating compounds to enhance sexual wellness without impairing clarity or legality.
  
  

These options are:

• 3rd-party lab tested

• Plant-based

• THC-free (0.00%)

• Shippable to California and all 50 states

Why Zero THC Is the Smart Choice in California

California law doesn't prohibit cannabinoids like CBD or CBN — only intoxicating hemp-derived cannabinoids such as Delta 8 and THC-O. That makes Zero THC products an ideal fit for consumers who:

• Want a completely legal option under AB 45

• Prefer non-intoxicating formulas for daytime or professional use

• Need targeted support for wellness goals like sleep or intimacy

• Want peace of mind with clear compliance
  
  

Important: Always verify products are backed by third-party lab results and are explicitly labeled as THC-free. Products that simply claim “hemp-derived” or “broad-spectrum” may still contain low levels of THC, which disqualify them under California’s strict 2024 enforcement rules.

Final Thoughts: Navigating California’s Delta 8 Ban

While California has legalized recreational cannabis, the state has imposed strict regulations on hemp-derived products, including a ban on Delta 8 THC intended for human consumption. Consumers should avoid unlicensed products and instead seek legal alternatives available through licensed dispensaries. Options such as cannabis-derived Delta 9 THC products, CBN supplements, and full-spectrum CBD products offer legal and effective alternatives for those seeking similar benefits.

For residents outside California, companies like Moonwlkr offer federally compliant, lab-tested hemp products that can be legally shipped to many other U.S. states. Always ensure that any cannabinoid product you purchase complies with both federal and state laws to ensure safety and legality.