Hemp legalization kindled a series of States’ rights battles related to what hemp is and what it isn’t. These conflicts are slowly working their way through the courts, and there is no consensus across the 13 federal appellate courts. However, a key ruling in the 9th circuit takes a strict interpretation of the Hemp Farming Act contained in the 2018 Farm Bill.

The 2022 ruling in the 9th circuit arose from a trademark infringement case for delta-8 THC products. In AK Futures LLC v. Boyd Street Distro LLC, Boyd Street was accused of selling counterfeit AK Futures products. Judge Michael Fisher, writing for the 9th circuit, succinctly said that “regardless of the wisdom of legalizing delta-8 THC products, this court will not substitute its own policy judgement for that of congress”.

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