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Is Delta 10 Legal In California? The New THC Craze Is Here!

October 24, 2021
Table of Contents

Correction, Nov. 13, 2021: Last month, the AB-45 Industrial hemp products bill was updated, and unfortunately, the bill, as of right now, states that all hemp-derived products, including its THC, shall not exceed a THC concentration of 0.3 percent. This means that you, as a consumer, need to pay extra attention to the total THC (milligram) when purchasing finished products. For example, per 1 gram, you can have a max of 0.30% THC, which equals 3mg. That means IF you want to try any of our delta 10 products, as of right now, it’s only our Delta 10 Oil Tincture that is within those new set of rules. Our Delta 10 gummies come with a whopping 55mg THC per gummy which sadly crosses the new regulations set forth in the AB-45 bill. 

On the other hand, you can still enjoy our THC products, such as our 10mg delta 8 gummies, OR our new 10mg delta 9 gummies, as both are below the 0.30% THC per dry weight basis. 

The federal law surrounding Delta 10 THC is new and constantly changing. We strive to do our best to give you the most updated information. However, we always advise you to do your due diligence and check your state laws before purchasing any hemp-derived products, THC, or CBD In California. This information is not intended as legal advice nor to diagnose, treat or give any medical advice. In any event, do your due. Always seek your doctor’s advice if you are in doubt or are currently taking any prescription medications. 

Hemp has been growing wild in California for as long as people have been around. But Delta 10 THC is a brand new cannabinoid that is taking hemp enthusiasts for a ride. Delta 10 THC is a product that has been shown to have many medically beneficial in multiple studies. It’s a type of tetrahydrocannabinol (THC), and a chemical compound found in the cannabis plant that interacts with the body’s endocannabinoid system. Let’s dive deeper and see what the legalities are for delta 10 in the state of California.


  • Delta 10 THC has shown to have many medical benefits to offer.
  • California was one of the first states to legalize cannabis for recreational and medicinal use under the Farm Bill.
  • Delta 10 THC is currently not controlled under the CSA.
  • You can purchase Delta 10 THC products online from a reputable retailer.
  • You must be 21 years old to purchase, possess, and consume THC.
  • Ten states that prohibited Delta 10 include Alaska, Arizona, Arkansas, Colorado, Deleware, Idaho, Iowa, Mississippi, Montana, Rhode Island, and Utah.
  • Delta 10 THC can assist with relief for various things like pain, anxiety, arthritis, seizures, and more. 

What is Delta 10 THC?

Delta 10 shares the same chemical formula as Delta 9 THC, which does cause psychoactive effects on users, but it has a slightly different chemical structure. The difference in its structure prevents Delta 10 THC from being converted to cannabinol (CBN) when consumed. As a result, Delta 10 causes slightly psychoactive effects. You can see it as beneficial to medical marijuana users who seek the medicinal benefits of cannabis without being under the influence of this psychoactive head-high compound. However, it can also be an issue for recreational users who would rather have the euphoria associated with Delta 9 THC.

Delta 10 THC has many medical benefits to offer, including its anti-depressant effects and other mood-stabilizing properties, which help users suffering from various mood disorders. Based on past studies Delta 10 THC might provide relief for pain, anxiety, arthritis, seizures, and Crohn’s disease. You’ll also find research that indicates it can effectively suppress nausea, which can occur when undergoing chemotherapy or suffering from other conditions. Other customer feedback indicated that our Delta 10 THC gummies could effectively boost energy while offering clarity and creativity. It has further been reported it has a very smooth and relaxing feeling associated when consumed. 

Is Delta 10 THC a Controlled Substance In California?

Because Delta 10 THC does not exist in any appreciable amount in any species of Cannabis sativa, as reported by the United States Drug Enforcement Administration, Delta 10 THC is not controlled under the Controlled Substances Act (CSA). However, because of the latest legal correction to the AB-45 bill, you can now only purchase a hemp-derived product that has a max of 0.30% Total THC dry weight.

California THC And Hemp Plant Laws

California is and has always been one of the most influential states in the United States. With a current population of over 38 million people, it’s no wonder that California has always been at the forefront of movements and trends. California also became one of the first states to legalize cannabis for recreational and medicinal use in recent years. This legalization didn’t come without some controversy, though, as many believed that this would increase criminal activity and put more children at risk for drug addiction.

 In 2018 Congress passed a farm bill legalizing industrial hemp. [1] Industrial hemp is defined as cannabis with less than 0.3 percent Delta 9 THC dry-weight and grown for non-drug uses such as oil, food, and fiber. It has been illegal to cultivate in the United States since 1970 when the Controlled Substance Act labeled all varieties of cannabis — including industrial hemp — as a Schedule I controlled substance.

The hemp plant has a lot of wide ranges of utilizing it, including clothing, biodegradable plastics, biofuels, paper products, construction materials, and beauty products. The 2018 farm bill legalized growing hemp plants. Hemp-derived products are an exception to California’s Controlled Substances list, which is a very good thing. That means Delta 10 is presumed to be openly legal here as well, given that it’s created from legal CBD. With this law, farmers can grow hemp and benefit from its many uses.

California’s Industrial Hemp Law Division 24, Title, Division 4, Chapter 8

  1. The Definition.

(a) For purposes of explaining this division, the following terms have the following meanings:

Same with cannabinoids, isomers, acids, salts, and salts of isomers, with a delta 9 tetrahydrocannabinol (THC) concentration of less than 0.3 percent on a dry weight basis. (6) “Industrial hemp” or “Hemp” means it’s an agricultural product; whether it’s growing or not, it’s limited to types of the Cannabis sativa L plant. Any part of the plant, including all seeds of the plant and each derivative, extracts, and resin extracted from the plant.

(9) “THC” means delta-9 tetrahydrocannabinol.


CHAPTER 1. General Provisions and Definitions [11000 – 11033]

  1. “Cannabis” which means all the parts of the plant Cannabis sativa L., whether its growing or not; all seeds thereof; the resin extracted from the plant; and every compound that’s manufactured, its salt, derivative, mixture, and/ or preparation of the plant, its seeds or resin extract. It does not include either of the following:

(a) Industrial hemp, as defined in Section 11018.5.

(b) The weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product.

(Amended by Stats. 2017, Ch. 27, Sec. 115. (SB 94) Effective June 27, 2017. Note: This section was amended on November 8, 2016, by initiative Prop. 64.)

11018.5. (a) “Industrial hemp,” which means a crop that is limited to types of the Cannabis sativa L. plant, and has no more than 0.30 percent tetrahydrocannabinol (THC) which should be contained in the dried flowering tops, whether it’s growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom.

(b) Industrial hemp shall not be subject to the provisions of this division or of Division 10 (commencing with Section 26000) of the Business and Professions Code. Instead, it shall be regulated by the Department of Food and Agriculture per Division 24 (commencing with Section 81000) of the Food and Agricultural Code, inclusive.

(Amended by Stats. 2018, Ch. 986, Sec. 8. (SB 1409) Effective January 1, 2019. Note: This section was amended on November 8, 2016, by initiative Prop. 64.)

California Delta 10 THC Possession Limits

In 1996, California became the first state in the country to legalize hemp and the medical use of marijuana. In 2016 a proposition was presented to a vote by Californians in support of legalizing marijuana for medical and recreational use. Proposition 64 passed, legalizing marijuana under state law.

According to the California Department of Public Health (CDPH), anyone over 21 years old can legally consume and possess marijuana and marijuana products in California, but selling and transporting it remains illegal without a license.

In California, hemp is regulated as a food product. There are no possession limits placed on hemp-derived goods in general. However, the sale and transportation of non-commercially packaged hemp are limited to less than 8 ounces within 14 days.

The only legal cannabis products with possession limits are those from Delta 9 THC cannabis products, specifically those purchased at state-licensed dispensaries. The possession limit for this type of cannabis is 8 ounces or less of smoked marijuana or six mature (or 12 immature) plants per day, or a combination of both up to 8 ounces. The laws surrounding the legality and possession limits for Delta 9 THC are still a bit complicated.

What Is The Legal Age To Buy Delta 10 THC In California?

Most states have the minimum age limit at 21 years of age. However, some states are more lenient with their laws. Other states have specific medical cannabis laws for underage patients who are under the age of 18.

If you are in the state of California or another “Adult Use” state, then you must be 21 years old to purchase, possess, and consume THC.

Is Delta 10 THC Legal In All 50 States? The Federal Law Explained

Delta 10 THC is legal federally in all 50 states, but eleven states have banned Delta 10 THC and cannabinoids altogether. Each state has the right to decide on its hemp regulation and hemp laws.

Eleven states prohibited Delta 10 THC, including Alaska, Arizona, Arkansas, Colorado, Deleware, Idaho, Iowa, Mississippi, Montana, Rhode Island, and Utah. We always suggest you check to check your local and state laws for updates.

Where Can You Purchase Delta 10 THC And Hemp-Derived Products In California?

Do you want to buy Delta-10 THC but don’t know where? There are benefits to shopping local for THC products, as you can inspect the product before you buy it and may have opportunities to try samples. But not every shop has Delta 10 THC.

You can also purchase Delta 10 THC products online from a reputable retailer. Many people prefer not to buy hemp products on the streets and choose to shop online, as it is more discreet and often far less expensive than buying locally.

Another benefit of purchasing Delta 10 THC online is that you can get it shipped right to your house, no matter how rural your home may be. Many people who are interested in buying Delta 10 THC online want to avoid the chance of being scammed or robbed by purchasing products locally. Always buy from a trusted retailer. Most companies will show you their lab report and CoA’s. It would be best to always look for a reputable seller with plenty of positive feedback from their customers who are happy with their purchases.


BiowellnessX is a company that has been around for years and has a wide range of hemp, CBD, and THC products, and of course, Delta 10 products such as delta 10 gummies and delta 10 tinctures. We strive for the best quality, best prices, and best customer service around. Give one of our excellent customer service reps a call today. They would love to help you.

Final Thoughts

With the latest regulations put into play in Oct 2021, you can still purchase hemp-derived THC products; however, you need to pay extra close attention to the total THC per dry weight. What that means for especially edibles, per 1 gram, you can have a max of 0.30% THC. In other words, you can still enjoy all the benefits of our delta 8 gummies and our delta 9 gummies. Nonetheless, you need to stick to our 10mg versions. Each gummy weigh 4-4.5 grams, so you will legally be below the 0.30% and can safely enjoy these fabulous THC edibles.

AB-45 Industrial hemp products bill
Industrial Hemp and Cannabidiol (CBD) in Food Products
Health And Safety Code – HSC – Division 10. Uniform Controlled Substances Act (11000 – 11651

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