A lawyers take on delta 8

You’re not in texas.

World of difference.

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D8 binds to cb1 as well

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Y’all better hope that they don’t use the chemical “step” for sythesis.

That willl mean that every conversion is under DEA. That also includes DECARBOXYLATION.

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Federal law and policy
, Hemp/CBD, Legal Issues

By Nathalie Bougenies

August 24, 2020

DEA Interim Final Rule: What Is “Synthetically Derived THC”?

On Friday, the Drug Enforcement Administration (“DEA”) released an Interim Final Rule (the “Rule”) that, as we discussed, threatens the hemp industry by treating partially processed hemp extract not intended for consumption (also known as “intermediary hemp”) as a Schedule I controlled substance. This is hugely problematic because intermediary hemp is an essential and necessary component of the industry.

In addition, the Rule addresses the legality of “synthetically derived tetrahydrocannabinols,” which could also impact the hemp industry. Specifically, the Rule provides that:

For tetrahydrocannabinols that are naturally occurring constituents of the plant material, Cannabis sativa L., any material that contains 0.3% or less of D9 -THC by dry weight is not controlled, unless specifically controlled elsewhere under the CSA. Conversely, for tetrahydrocannabinols that are naturally occurring constituents of Cannabis sativa L., any such material that contains greater than 0.3% of D9 -THC by dry weight remains a controlled substance in schedule I. The [2018 Farm Bill] does not impact the control status of synthetically derived tetrahydrocannabinols (for Controlled Substance Code Number 7370) because the statutory definition of “hemp” is limited to materials that are derived from the plant Cannabis sativa L. For synthetically derived tetrahydrocannabinols, the concentration of D 9 -THC is not a determining factor in whether the material is a controlled substance. All synthetically derived tetrahydrocannabinols remain schedule I controlled substances.
(Emphasis added).

Neither the Rule nor Federal law, including the federal Controlled Substances Act (the “CSA”), expressly define “synthetically derived tetrahydrocannabinols.” However, some of the DEA regulations address the issue of “synthetic THC” in the context of (1) “synthetic marijuana,” also known as “Spice” or “K2,” which is listed under Section 812(c)(d) of the CSA; and (2) the schedule I listing of “Tetrahydrocannabinol” (“THC”), under Section 812(c)(c)(17) of the CSA.

In the context of “synthetic marijuana,” which the DEA describes as a “synthetic version of THC,” “synthetic THC” refers to a mixture of plant material sprayed with synthetic psychoactive chemicals. In a 2017 Resource Guide, the DEA further explains that “[s]ynthetic cannabinoids are not organic, but are chemical compounds created in a laboratory.” (Emphasis added).

In the context of the schedule I listing of “Tetrahydrocannabinol,” the DEA revised its regulations in 2003 to specify that the term refers to both “natural” and “synthetic” THC; however, the agency’s clarification did not touch on the actual meaning of “synthetic.”

Therefore, based on the information found in the DEA regulations and publications, it appears the agency refers to the ordinary meaning of “synthetic,” which the Merriam-Webster Online Dictionary defines as a substance “relating to, or produced by chemical or biochemical synthesis.” As a result, this definition suggests that the Rule, specifically the text in bold above, may extend to hemp-derived THC cannabinoids with a Delta-9 THC concentration that does not exceed 0.3%.

This, in turn, would mean that the hottest cannabinoid currently found on the U.S. market, Delta-8 THC, would probably be treated as a schedule I controlled substance by the DEA. This is because Delta-8 THC, which is not expressed in sufficient concentrations in most hemp cultivars to make its extraction economically viable, is produced through a chemical reaction initiation by a catalyst that converts hemp-derived CBD (“Hemp CBD”). As such, Delta-8 THC would be a “synthetically derived THC” substance, in accordance with the Rule.

That’s from a top hemp lawyer… but again I’m sure you kno better

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There’s all kinds of things to be fearful of. More so when you’re from my predicament.

I’m just tired of being afraid. When you get raided. You will understand my level of protection.

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I know I’m missing some things, but I’ll refine it later if I feel like it(or let KotK drop his Pepe Silvia screenshot dump)

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When the words “would” and “probably” become “are” and the Interim Rule becomes a law, then the USDA amends the Farm Bill, which they already did a few weeks ago with no language about Delta 8 besides specifically disqualifying from it from Total THC, then it will be illegal. Those words in that hemp bill, which specifically state what is and is not hemp state that the CSA was amended. Its not about this lawyer’s opinion, but he doesn’t say it’s illegal. He says it WOULD be if this were law. I’m sure eventually it will be illegal, but right now, the USDA Hemp Bill and the DEA’s CSA state pretty clearly that it’s not. It’s not that anyone thinks they know more than a lawyer, but even this doesn’t say it is illegal. This is some broken record groundhogs day shit- the CSA states Delta 8 from Marijuana is a controlled substance, but in the same damn document it says if isomers, salts, blah blah with a concentration of .3% or lower D9 is hemp. Its pretty cut and dry really

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This, in turn, would mean that the hottest cannabinoid currently found on the U.S. market, Delta-8 THC, would probably be treated as a schedule I controlled substance by the DEA. This is because Delta-8 THC, which is not expressed in sufficient concentrations in most hemp cultivars to make its extraction economically viable, is produced through a chemical reaction initiation by a catalyst that converts hemp-derived CBD (“Hemp CBD”). As such, Delta-8 THC would be a “synthetically derived THC” substance, in accordance with the Rule.

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Yes but it isn’t a cb1 agonist like d9, d9 doesn’t bind at all to the cb2 d8 binds to both so when it comes to receptor affinity they are not the same

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What about semisynthetic?

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Waiting on that flow chart bro

Edit: beat me to it damn that was fast.

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Delta(9)-THC is a CB1 and CB2 receptor partial agonist. It is not exclusively selective for CB1

We’ve gone over all of this so many times lmao

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Now again I’m sure it will eventually be illegal and I’m sure if the DEA wants to they will do whatever but as far as the law goes, they have to do some stuff for it to actually be illegal I think

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Unless listed…****

But d8thc is listed on the DEA.gov list…

Which @Killa12345 and many others have tried to drive home…

D8 is listed schedule 1…

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I’m not going to jail for low hanging fruit but don’t you really think if the dea wanted to go after someone federally. They would go after someone like cookies or curaleaf. I mean think of the seizure money the dea could get if they went after some of the big d9 brands.

D9 isn’t federally legal in any state

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The. End.

Enjoy your hustle peeps.

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Under drug code 7370 which has exemptions…

“Synthetic Drug Abuse Prevention Act of 2012,”[7] Cannabimimetic Agents were added to Schedule I of the CSA. The term “Cannabimimetic Agents” refers to a substance that is a cannabinoid receptor type 1 (CB1 receptor) agonist. Under this Act, scheduling was performed using binding studies and functional assays for the specific chemical structural classes listed in the law. This greatly simplified the type of scientific data that is needed to evaluate these substances for control in Schedule I. FDA has been able to evaluate 16 cannabimimetic substances for CSA control by this simplified approach. We have also applied a comparable approach to evaluating 13 new cathinones (the so-called “bath salts”) and several new CNS stimulants/hallucinogens for control relying on reduced amounts of scientific data. These are highly dangerous substances, and FDA determined that these substances, sold on the street as substitutes for other controlled substances, in addition to producing euphoria and hallucinations, were responsible for other behavioral and toxic effects that are typical of cannabinoids and CNS stimulants. Reported adverse effects included paranoia, panic reactions, confusion, insomnia, agitation, and memory loss. Reported severe toxic effects have included convulsions and coma with hyperthermia, tachycardia, diffuse bleeding, acidosis, rhabdomyolysis, and anuria.

The emergence of the synthetic cannabinoids and cathinones, as well as a number of new tryptamine derivative substances with CNS hallucinogenic properties, has increased our focus on these products in recent years. In 2012, the first of the synthetic cannabinoids (cannabimimetic substances) and tryptamine derivatives with CNS hallucinogenic properties and new stimulants were scheduled.

Read the last sentence

In 2012, the first of the synthetic cannabinoids (cannabimimetic substances)
Sythetic cannabinoids are cannabimimetic substances and are defined by congress

D8 isn’t a synthetic cannabinoids it’s a hemp derived cannabinoid

Let me ask a more direct and difficult question.

Do you think they care?