Are cannabis derived terpenes federally illegal?

Right, which is why I thought cannabis-derived terpenes are legal

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(15)

The term “manufacture” means the production, preparation, propagation, compounding, or processing of a drug or other substance, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of such substance or labeling or relabeling of its container; except that such term does not include the preparation, compounding, packaging, or labeling of a drug or other substance in conformity with applicable State or local law by a practitioner as an incident to his administration or dispensing of such drug or substance in the course of his professional practice. The term “manufacturer” means a person who manufactures a drug or other substance.

(16)

(A)

Subject to subparagraph (B), the term “marihuana” means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin.

(B) The term “marihuana” does not include—

(i)

hemp, as defined in section 1639o of title 7; or

(ii)

the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.

The dea said that seeds can be considered hemp, as hemp seeds are INDISTINGUISHABLE from cannabis seeds. Even trace amounts of THC/THCa would make thc cultivar terps distinguishable from hemp ones. THCA cultivar terps also have much different profiles.

Also, if one makes a distinction themselves, the seeds can be considered illegal.

Source:

https://cannabusiness.law/dea-seed-letter-triumph-or-trap/

Not sure what cannabis terpenes you’re getting but all the ones I’ve seen that are vacuum distilled don’t have any cannabinoids in them which would make them indistinguishable from hemp terpenes

1 The CSA states: “The term ‘marihuana’ means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. Such term does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.” 21 U.S.C. § 802(16).

The problem with your argument is seeds are explicitly listed, which means if your terpenes had no cannabinoids in them then they’d fall into the same category

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Vacuum distilled terps still have trace cannabinoids. Go ask KCA to test em for you an you’ll see

REGARDLESS; the second you call them cannabis terps, you are fucking yourself over with a distinction.

I cant argue anymore without you having sources to back yourself up. You have a history of misunderstanding law so Im not gonna waste my time arguing with ignorance

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I’ve never seen a hint of cannabinoids in my clear volitiles. ND every batch ever time. Flows like water, looks like water, no cannabinoids. :man_shrugging:

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@qma is pretty much spot on. I know you (@Kingofthekush420) know a lot of what I’m about to say but to provide some context on seeds and the whole legal definition. I’m not a lawyer.

Cannabis seeds are an exception because seeds were one of the few things that they specifically chose to exclude in the CSA definition of “marihuana [sic].” The definition of marihuana and its extracts includes quite literally anything and everything that come from a cannabis sativa plant but seeds and mature stalks. “The mere presence of cannabinoids is not itself dispositive as to whether a substance is within the scope of the CSA; the dispositive question is whether the substance falls within the CSA definition of marijuana.”

As to what does fall within the CSA definition of marihuana, Congress states clearly that “flowering tops, resin and leaves” and anything derived from such is federally illegal. Not just cannabinoids but “every compound” extracted from flower, resin, or leaves is invariably defined as a controlled substance. Terpenes obviously coming from flower/leaves mean they are currently, and always have fallen under the definition of a “marihuana extract.” The only exception to this would be if terpenes or any other chemical were extracted from the seeds or stalks. Congress made a point to clarify that products extracted exclusively from seeds/mature stalks are not defined as marihuana extracts, because seeds/stalks are no longer defined as marihuana.

Hemp plants (<0.3% THC) and extracts derived from hemp plants are of course excluded under separate rulings but for all intents and purposes we are talking about terpenes extracted from high THC cultivars that we can all agree fall under the CSA definition of marihuana. That is, after all, what people want. The current rulings tell us basically “once marihuana, always marihuana.” Anything extracted from what was once a marihuana plant, regardless of cannabinoid content, is clearly defined as a marihuana extract. Unfortunately, terpenes are no exception to this. If you extract THC-free terpenes from the leaves or flowers of a cannabis plant with >0.3% THC, it does not suddenly become a legal hemp extract because it did not come from a hemp plant. It still is defined as a “marihuana extract.”

As for how “they” would know and if they even care? That’s a topic for another day. I will say there are multiple ways to confirm if a sample came from a high THC plant or a CBD (hemp) genetic, even with little or no cannabinoids present. As for caring, federal concerns aside, best believe your state would expect it to be handled like any other regulated cannabis product (which means no selling it out of state, collecting their 20% tax, etc). There’s a long list of reasons why any terpene company who’s been in this industry for more than a few years has a disclaimer on their site that their terps are derived from federally compliant hemp (or they do not sell that product over state lines). We all know the THC genetics smell better and producing THC-free terps really isn’t considerably more expensive to do. We’d love to be allowed to do it, the demand is obviously there. It just simply isn’t a viable business model if you’re trying to operate legitimately.

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Lol you mean I have a history of understanding the law and putting people like you in there place?

Last time I checked you were one of the people that thought d8 was illegal and probably still does even though the dea has said its legal as long as it falls into the definition of hemp

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This is incorrect, I literally posted the CSAs definition of marijuana above and it does include seeds

I just did some research and I see brands like 3Chi using cannabis-derived terpenes in their product. I’m sure that brand has lawyers to certify that cannabis-derived terpenes are legal to use in the USA.

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Hey, when you are done with that genjutsu can I sit in it? I want to experience full delusion too

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Youre as delusional as they come saying you can differentiate cannabis terps from hemp terps when they’re ND cannabinoids

:joy:

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First thing first. Hemp = Cannabis. I think you’re talking about “marijuana” vs “hemp” derived. Most cannabis derived terpenes I’ve used were derived from hemp.

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Ok @DukeoftheDelusions

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Agreed, we should be calling them marijuana terps if made from thc heavy cannabis… Hemp terps if coming from cbd heavy cannabis. Because both them plants is cannabis ya salty dipshits

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Originally, yes. Congress later put out a revision on the drug code to exclude seeds and stalks for extraction of seed oil and fiber. They provided additional clarification on this topic in a letter just this year, reiterating that cannabis seeds are legal, but the plant that stems from it may or may not be. That would of course depend on how much THC that plant ends up producing but at that point you’re talking about a plant, not the seed.

Seeds are only legal because they said they are but this would really have no bearing on the argument for the legality of cannabis terpenes. Everything derived from the plant is illegal until they say it’s not. Such a clarification has not been given to cannabis terpenes or any other THC-free extract from the plant (again, unless it came from seeds or stalks).

As a matter of fact, they actually did something of the opposite during that same time and doubled down that CBD, although legal, if made from a marijuana plant would still be considered a marijuana extract. It’s not just about THC content of the finished product, it all depends on the THC content of where it originated. So you could theoretically make a THC-free CBD isolate from a marijuana plant and just like terpenes, that CBD isolate would be considered illegal if it came from the flower or leaves. Until they explicitly say otherwise, there is absolutely no reason cannabis terpenes would not be considered a marijuana extract.

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Don’t commit federal crimes and you won’t ever have to worry whether CDT’s are legal.

lol.

I think you’re a little bit confused. What I posted above is the updated drug code if you read the rest of what I said it gives the loop hole for oil from seeds but not specifically seeds.

If what you were saying was true then you’d be able to ship NON HEMP seeds between states and as stated above if you call them cannabis seeds you’ll get in trouble. Which is exactly why I think cannabis derived terpenes fall into the same category as seeds as you can’t distinguish between the two if there’s no cannabinoids.

Cannabis seeds are illegal but since they can’t tell the difference between hemp and cannabis seeds until they flower they say you get a pass UNLESS you call them cannabis seeds.

Cookies seed bank is claiming they’re hemp which is why they don’t say anything about cannabis and say they’re legal because they’re under .3% thc, you could use the same loop hole for cannabis derived terpenes since cannabis seeds ARE still illegal but since you can’t tell the difference between them and hemp seeds you can call them hemp

As long as a Cannabis Derived Turpines are made from Hemp… The 2018 farm bill protects anything made from hemp and its derivatives

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