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Important for Delta 8 Sellers
While this comes as no surprise… According to the DEA, Delta-8 THC synthesized from CBD using a chemical process is considered a synthetic form of THC and is subject to federal control as a Schedule I drug. This means it’s not exempted by the 2018 Farm Bill.
In 2021, the DEA’s Chief Chemist, Dr. Terrence Boos, clarified in an email that any amount of Delta-8 THC obtained by chemical means is a controlled substance. So, unless your Delta-8 products are directly extracted from hemp (and not subject to any chemical conversion process), they’re under strict federal control, just like other Schedule I drugs.
What does this mean for you? Well, first off, if your business relies on interstate sales, this “clarification” would appear to make any transfer across state lines a violation of federal law.
Additionally, your D8 biz might now need to pay taxes under IRS Code Section 280E, which prohibits deductions for operating expenses related to controlled substances. This could eat into your profits big time.
What can you do? Stick to buying and selling Delta-8 THC in states which already have THC regulations allowing for D8 sales. That means acquiring D8 manufactured in-state (in accordance with relevant local THC laws).
Also, keep in mind that advertising D8 sales across state lines could also violate federal and state laws.
While there’s some debate about this, Dr. Boos’s opinion is authoritative and likely to be taken seriously by the courts. Until things change, better stay on the right side of the law!
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The 9th circuit appeals court doesnt agree
That’s the most overturned federal court, like 20% of rulings that go from there to the supreme Court are upheld
The 10th circuit has also said that there’s not a private right to sell Delta 8, even if it is legal
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Doesnt matter, they enforced a federal trademark violation because they said d8 is legal
Plus synthetics dont come from a plant, IHA vs DEA stated this
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with a handful of exceptions, based on the evidence provided and nothing else
“in short, no part of the 2018 Farm Act demonstrates an unmistakable focus to benefit plaintiff or other unlicensed possessors and sellers of hemp products.
“The 2018 Farm Act does not create a private right for plaintiff to (possess) and sell hemp and hemp products, either under Section 1983 or as an implied cause of action under the 2018 Farm Act itself.”
there’s also all the laws about drug approval and adulterated foods
You do realize all you have to do is put on the package “not meant for human consumption” and all that goes out the window
This is also a way to avoid the Analogue act
This is literally just saying states can make there own laws which is what the farm bill states too.
Why hasnt the DEA gone after anyone for d8? Ive yet to see the DEA raid even one processor for d8.
It’s one thing to say it’s illegal is another to enforce it
Tell me you’re not a bot.
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on candy and vapes? lmao
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If someone was really that worried about it yes they could do it but no one’s seems to really be worried enough to do it
gonna listen to that youtube entirely in the morning. the lack of enforcement and it being sold in every gas station in the country really goes to show how much these naysayers really know.
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I think the DEA knows theyll loose so instead of enforcing it and blowing the whole thing wide open they use fear to try to control it
There’s a reason why the state are being the enforcers and not the dea
They’ve gone through with a few for THCa already, I wouldn’t be surprised if other charges come once they start testing through the other stuff
Popcorn this evening 
has been good.
I predict the government coming back for every fucking dollar they can.
Honestly the THCA stuff is at the biggest risk in my opinion. But its being done so blatantly that If they had much jurisdiction you would think they would be exerting it.
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Show me where the DEA had raided someone for thca because ive looked and havent found any
Only raid i found is one where they raided a smoke shop that was selling flower laced with synthetic cannabinoids (k2 shit not converted stuff)
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I did find this one but it seems the DEA only helped with raid and the people arrested aren’t facing federal charges theyre facing state charges based on the fact the local law enforcement is handling the investigation
Ive still yet to see the DEA charge anyone
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The lack of enforcement for the hemp cannaboids imho is because THEY WANTED the hemp market to gut the economics of the marijuana game, making it ripe for consolidatiom by big business after we foolishly gave them our ip with the mirage that there is a place for us in the legal industry
I wouldnt expect the dea to get involved on way or another with serious enforcement. We are losing more people from fentanyl per year then we lost per year in ww2.
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Nice post brea.
Anyone remember mr nice guy synth noids? That package had not for human consumption on it and that dude went to prision in palm beach county for manufacturing and packaging it. He served time and got out and now is a meth head millionaire driving around with a huge lifted truck, two girls with him at all times and zero teeth.
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