Always amazes me when people are surprised a cop was putting people in jail. What even is the point of your complaint? You just wanted to make sure people know you’re upset with Kamala Harris?
Whining like a bitch should be frowned upon — when the fuck did it become so commonplace?
Took wording of post from bears bros farms directly off ig.
A friend sent me an article this morning from Marijuana Moment that discusses a May 13, 2024 letter to my friend and colleague, attorney Shane Pennington, regarding the legal status of THCa.
Apparently, Shane reached out to the DEA inquiring about the status of THCa. In its response, by Dr. Terrence Boos, the DEA’s Chief of its Drug and Chemical Evaluation Section, states:
“In regards to THCA, Congress has directed that, when determining whether a substance constitutes hemp, the delta-9 THC concentration is to be tested “using post-decarboxylation or other similarly reliable methods.” 7 USC § 1639p(a)(2)(A)(ii); 7 USC § 1639q(a)(2)(B). The “decarboxylation” process converts delta-9 THCA to delta 9 THC. Thus, for the purposes of enforcing the hemp definition, the delta-9 THC level must account for any delta-9-THCA in a substance. Accordingly, cannabis derived THCA does not meet the definition of hemp under the CSA because upon conversion for identification purposes as required by Congress, it is equivalent to delta-9 THC.“
This is almost verbatim what Dr. Boos said in a June 9, 2023 letter about THCa that I blogged about almost a year ago.
In short, the DEA is correct with respect to pre-harvest hemp testing, which requires a post-decarboxylation (ie, total THC) test, but the DEA is incorrect with respect to harvested cannabis material. This is because the two statutes it cites in support of its position are the only two places in the Farm Bill that discuss “post-decarboxylation”.
They are both in the context of hemp “production”, which is defined as cultivating hemp. Once the mandatory pre-harvest testing is completed, a hemp crop may be harvested if it passed the test. Thereafter, the statute solely refers to “delta-9 THC”, not “THC” or “post-decarboxylated delta-9 THC” or anything else. The statute just says “delta-9 THC”. In fact, the DEA has said as much on many prior occasions.
To be clear, this is a brief summary since I’ve already addressed this issue in depth. I encourage you to read my article from last summer for the more in-depth analysis.
https://cannabusiness.law/thca-deja-vu/
Time for the industry to learn about the deep states reverse uno card they use on the supreme court. Just because your interpretation is correct textually doesn’t mean they are going to rule in your favor.
For sure. And just because the text said something in 2018 - doesn’t mean they cannot change in in 2024 (which they appear to be actively doing). Such is life with government.
They give a little, we take more than they wanted us to take, they take it back. Its a pendulum swinging back and forth - and one day it will rest in the middle. Maybe not in our lifetimes. Who knows.
If you know someone who was prosecuted by kamala which alot of us do you will never like her. My business partner sat in jail for 6+ months clones which he had collective paperwork for eventually pled to a misdemeanor to get released.
The reason they are going to go hard on psychoactive hemp derived cannabis products is because the federal government is going to tax recreational marijuana. If you read the memo’s on hemp derived cannabinoids from the state marijuana regulators, they are only concerned about the ones they tax and allow the ones they do not tax. The loopholes are going to cost them tax money and the lizzos don’t care about anything else but money.
I for one very much value all your contributions and efforts! We only see a portion and I’m still incredibly impressed with the load you’ve chose to bear for this plant. Kudos, friend. 