I really think my lawyer needs to see this and write his opinion down prior to me making delta8 from hemp
d9 is technically an isomer of cbd as well.
https://www.deadiversion.usdoj.gov/schedules/marijuana/m_extract_7350.html
That DEA page has a lot of words but doesnât say a whole lot. Lol goddamn bureaucrats
But d8 is listed already as a controlled substance, and I doubt leoâs will care to make any distinction between hemp-derived and marihuana derived.
And letâs be real, d8 disty would be no fun if it had below 0.3% d9
I have yet to see any contain below 5% d9 so it could be considered illegal in that regard as well.
It sounds like THCA is legal too, if its derived from hemp. According to the farm bill.
https://cannabusiness.law/what-is-total-thc-and-does-it-matter/
This guy is great!
Conclusion
We all know the old saying that, âthe Devil is in the details.â This is a good phrase to keep in mind as hemp regulations begin to emerge. A legal position that seems self-evident or even seductive may be anything but when analyzed under the proverbial microscope. Of the emerging positions, âtotal THCâ is particularly fraught with Devils. Donât be tempted.
Footnote:
[1] It is important to note that there is actually no such thing as a âpost decarboxylationâ testing method. Presumably, Congress intended to refer to GC but did so without receiving sufficient scientific input, thus resulting in a nonsensical term appearing in the statute. This nonsensical term has already caused considerable confusion.
Iâve talked to several federal lawyers who have said what Iâm talking about is correct.
Theres certain exemptions from the rules, thatâs what #5 is about.
The CSA specifically talks about marijuana, not hemp
Have u asked any of them to write a legal opinion letter on the topic! I highly suggest u do as if u can get a lawyer to do that any risk will be on them lol
I totally agree that there would be a tangible legal defense. But also a lawyer is going to give you the green-light, even when the legality is muddled, because they think it would be fun to defend it in court.
Problem is law enforcement donât care about no lawyer-speak boy , and someone would still catch a case⌠depending on what theyâre doing they might be able to get off⌠but ainât nobody got time fo that.
NC SBI - Issues with Hemp and CBD Full.pdf (293.4 KB)
â. Law enforcement officers cannot distinguish between
paraphernalia used to smoke marijuana and paraphernalia used to smoke hemp for the same reasons. The inability for
law enforcement to distinguish the difference between hemp and marijuana is problematic in all marijuana
prosecutions, from small amounts to trafficking amounts of plant material. There is at least one District Attorneyâs
Office in NC which is currently not prosecuting marijuana cases due to the inability of law enforcement to distinguish the
difference between hemp and marijuanaâ
So no probable cause in NC, according to the governor s office. It should be illegal for Leoâs to seize or analyze your product. I wonder if other states are doing the same.
@Kingofthekush420 What @Ruwan saying is correct. Iâm sure there are numerous lawyers who believe they would win, however, itâs still a risk.
Law enforcement at whatever level isnât going to be civil. Theyâll raid, seize product, money, and records. Youâd risk your employees and your own safety to an entry team with guns, god forbid a dog is present.
I have no doubts someone will do start selling openly soon, but those first guys are taking a well defined risk.
Texas is also taking this approach. I would hope Judges in other states would also recognize this sound reasoning. No probable cause means no warrantless searches whatsoever like the constitution intended. Means all K9 searches are not legal which is huge
We are GMP and ISO9000 as well
Yup. Iâm in NC and law enforcement and the SBI are have a shit fit over smokable flower here. My CEO (a lawyer) is leading the push to try and stop them banning it. Helps that he wrote our hemp law in NC