Alexandra Hicks posted: " Until now, Delta-8 Tetrahydrocannabinol (Delta-8 THC) has fallen into a legal grey area unless expressly prohibited at the state level. As of today, August 21, 2020, most Delta-8 is illegal in the United States. DELTA 8 THC illegal! It was long-antici"
Until now, Delta-8 Tetrahydrocannabinol (Delta-8 THC) has fallen into a legal grey area unless expressly prohibited at the state level. As of today, August 21, 2020, most Delta-8 is illegal in the United States.
DELTA 8 THC illegal! It was long-anticipated and according to the most recent DEA (Drug Enforcement Agency) Interim Final Ruling, effective today, any synthetically-produced Delta-8 is prohibited, regardless of the 0.3 percent rule. "All synthetically derived tetrahydrocannabinols remain schedule I controlled substances," the ruling specified.
To voice your opinion on this matter, click here. To learn more about Delta-8 THC, subscribe to the DELTA 8 Weekly HERE.
Background
Delta 8 THC is a compound that has been researched for quite some time now, although it just recently made its way into the mainstream. Numerous studies, mostly Israeli, indicate that Delta 8 THC can be used to relieve nausea, boost the immune system, and even shrink tumors. Once word got around about this minor cannabinoid, it quickly gained popularity as a healthy and legal, yet semi-psychoactive, cannabis compound.
Because Delta 8 THC could be extracted from legal hemp, Delta-8 was itself legal. It was only prohibited in 8 states, those that banned the manufacture, use, and possession of Tetrahydrocannabinol AND all of its chemical analogues. So, unless specifically states, Delta-8 THC was legal, as per the 2018 Farm Bill.
Delta-8 CAN be extracted from hemp plants, however, it exists in such small quantities that most of the time, Delta-8 is actually converted from CBD (cannabidiol) using a chemical catalyst. Under the new ruling, this would qualify as an "illegal synthetic of THC (tetrahydrocannabinol)", making DELTA 8 THC illegal under the U.S. drug scheduling act.
Companies are now scrambling to come up a plan B during a time when small businesses are already dealing with unprecedented challenges. Many people are surprised that this is what the government is focused on, during a global pandemic when the job market has been essentially destroyed and civil unrest abounds in the streets of most major U.S. cities.
Like usual, the DEA misinterpreted what was stated in the farm bill and used to push a law that, again, makes absolutely no sense. Specifically, the 2018 Farm Bill includes hemp-derived "cannabinoids" and "derivatives" in its definition of "hemp".
Simplified (which is evidently needed when dealing with these agencies), this means that cannabinoids and derivatives of hemp are themselves "hemp" under the statute. For this reason, a derivative of hemp-derived CBD is itself "hemp" under the statute and should be legal.
Numerous sources define a chemical derivative as "a compound that is derived from a similar compound by a chemical reaction." The following text is straight from section 10113 of the 2018 farm bill:
"The term 'hemp' means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis."
For now, this ruling making Delta 8 THC illegal is a stick in the wheel for any business owner who just invested in Delta-8 THC. It would also be extremely problematic for consumers who have found therapeutic value in the use of Delta-8 THC. Of course, the products can still be sold and bought, but it would be illegal so there are obvious risks involved.
Thankfully, the ruling isn't official yet and you can submit comments by clicking here and following the online instructions. Make sure to reference "RIN 1117-AB53/DOCKET No. DEA-500" on all your correspondence to make sure it does not get lost or end up in the wrong folder. You have until OCTOBER 20, 2020, to get your opinion out there.
Numerous major companies are now working with their lawyers to appeal this ruling. They believe this decision is not legal (and it isn't), so we will continue to update you as we learn more about the proceedings.
One of these companies is Hempire Direct, who informed their clients that they are going to fight back:
"What the DEA is trying to do to delta 8 thc is illegal, and myself and a few companies are filiing a lawsuit. I'm putting delta 8 back on the site today. After reading how many people this product has helped, I'll be damned if I ever stop selling it. Unfourtionatly I won't be doing buy 2 get 2 free offers any more. We need the additional revenue to sue the dea. So i'll be taking 50% of the revenue from this product and sueing the pants off the DEA! Click here to support us in our fight agaist the DEA Buy Delta 8 THC Online Today Click Here."
For updates on this case, and additional information about Delta-8 THC make sure to subscribe to the Delta-8 THC Weekly Newsletter, your source for all things relating to this now-controversial compound.
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