Understanding the 2018 Hemp Farm Bill: Legal Insights for Grateful Bud Customers

Introduction to the 2018 Hemp Farm Bill

The 2018 Hemp Farm Bill marked a significant milestone in the history of cannabis regulation in the United States. This legislation redefined hemp, separating it from marijuana based on THC concentration. Specifically, hemp and hemp seeds were removed from the Controlled Substances Act, legally distinguishing hemp with less than 0.3% THC from marijuana. This reclassification paved the way for the commercial cultivation, processing, and marketing of hemp as an agricultural commodity, similar to other crops​​.

Legal Status of Delta-8 THC

The legal landscape for delta-8 THC was significantly clarified by the Ninth Circuit Court of Appeals. In a landmark ruling, the Court determined that hemp-derived delta-8 THC is covered under the definition of “hemp” as per the 2018 Farm Bill. This decision not only legitimizes delta-8 THC vape products but also extends federal protections to them, including trademark protection under the Lanham Act​​​​.

Legal Considerations for THCa

THCa, a non-psychoactive cannabinoid found in cannabis, has a unique legal status. Unlike other cannabinoids, THCa was directly contemplated in the 2018 Farm Bill. The legislation specifies that hemp being cultivated must have a total THC (THCA + THC) concentration of 0.3% or less. This requirement ensures that harvested hemp remains within the legal THC threshold​​.

Delta-9 THC in Products

When it comes to delta-9 THC, the legal status is clear under the 2018 Farm Bill. If the cannabinoids extracted from hemp have a delta-9 concentration of 0.3% or less at dry weight, they are federally legal. This distinction is crucial for the legal categorization of hemp versus marijuana, allowing the sale of products like delta-9 THC gummies, as long as they adhere to these concentration limits​​.

Regulatory and Compliance Aspects

Compliance with state and federal regulations is paramount for lawful hemp cultivation and product distribution. The 2018 Farm Bill outlines specific penalties for violations, distinguishing between negligent violations (like unintentional breaches of state or tribal hemp cultivation plans) and more severe violations, which could involve criminal implications. Understanding these regulations is key to ensuring that all products sold, including THCa flower and delta-8 and 9 THC gummies, meet legal standards​​.


State-by-State Legality of THCa Flower and Delta 8 and 9 THC Products


Navigating the legal landscape of cannabis products can be complex, especially when it comes to THCa flower and delta 8 and 9 THC products. At Grateful Bud, we prioritize staying informed about the evolving state laws to ensure compliance and customer safety. Below is a comprehensive list of states and their current legal stance on THCa flower and delta 8 and 9 THC products, reflecting the ongoing changes and regulations in the cannabis industry.


State List


  1. Alaska: Completely unrestricted for THCa and delta 8 and 9 THC.
  2. Arizona: Legal for all adults.
  3. Arkansas: Restricted to medical marijuana license holders.
  4. California: Delta-8 THC regulated, with restrictions on THC content.
  5. Minnesota: Delta-8 THC effectively illegal.
  6. Kentucky: Hemp-derived delta 8 THC legal and regulated.
  7. Florida: THCa derived from hemp is legal.
  8. Georgia: Follows federal law, legal if derived from hemp and under 0.3% delta-9 THC.
  9. Hawaii: THCa legal, but smokable products restricted.
  10. Oregon: Restrictions on total THC levels in post-harvest hemp.
  11. Louisiana: Similar restrictions as Oregon on total THC levels.


(Note: This is a summarized list, not exhaustive, and is based on the most current information as of [11/30/2023]. For a detailed breakdown, please refer to the full list on our website.)


As laws and regulations around cannabis products continue to evolve, Grateful Bud is committed to providing up-to-date information to our customers. We advise checking the laws in your specific state before purchasing THCa flower and delta 8 and 9 THC products. For any further queries or clarifications, feel free to reach out to us.


Conclusion and FAQs

At Grateful Bud, we are committed to staying informed about the evolving legal landscape for cannabis products. We ensure that our THCa flower and THC edibles comply with the 2018 Farm Bill regulations, offering our customers quality and legal assurance. If you have any questions about the legality, usage, or availability of our products, please feel free to contact us.