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9th Circ. Says Delta-8 Vapes Are Federally Lawful In TM Case

by scceu0291

By Sam Reisman (May 20, 2022, 9:29 PM EDT) — The Ninth Circuit has held that the 2018 federal Farm Bill that legalized hemp nationwide also legalized some products containing Delta-8 THC, a psychoactive chemical compound derived from hemp.

In a published decision issued Thursday, a three-judge panel for the appellate court said e-cigarette manufacturer AK Futures had a legitimate trademark on its line of Delta-8 vapes, and the judges upheld a preliminary injunction against wholesaler Boyd Street Distro LLC.

“Plain statutory text compels the conclusion that AK Futures’ products are lawful, and we see no other reason to deny a preliminary injunction,” Circuit Judge D. Michael Fisher wrote for the…

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