Can I sell Converted THC legally?

CannaBusiness
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Hi everyone,

I wanted to know if anyone had a good understanding about the legalities involved with selling THC converted from hemp derived CBD isolate.

Everyone already knows how to do the conversion so I won’t talk about it here, but realistically is this legal to do?

Does this differ state to state and importantly, is this different and a L2L sale compared to a consumer sale?

If you have a THC license can you sell these products? If so, do you have to somehow get it into metric first?

Thanks in advance for all of your insights.

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As far as i know, this is not legal in any state. The only way it could potentially work is if you transferred the CBD (not THC) to your THC license in METRC, then do the conversion. And even then, I’m not sure it’s allowed.

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Is it possible to transfer Hemp derived CBD to metric under your THC license though?

Do you think it’s strictly illegal or just a grey area?

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In Oregon, you can transfer CBD from your hemp license to your cannabis license. However, once you do that the CBD can only be sold in dispensaries. You can’t transfer in the other direction.

I don’t know what the rules are in other states.

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In California it’s strictly illegal. All products must be tracked from seed to sale, meaning the Cbd has to be grown at a licensed California facility and no one is going to waste their grow space growing cbd when thc has a much higher market value.

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I think Colorado recently made it okay for THC labs to buy CBD and put it into metric.

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But do you think you could convert it into THC and sell it legally at that point?

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Hmmm that definitely sounds like a grey area. I personally think it should be allowed but I’m not sure what the powers that be think about that

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As long as you are selling License to License, or retail in a licensed facility I am almost positive that would be legal.
If you are tracking the plants and concentrates made from those hemp plants in MetRC, just like you would THC, and selling it L2L, I can’t think of any rules you would be breaking.

But if you are just tracking it in MetRC but then trying to sell it online or in a head shop as “hemp derived THC” I would say that is certainly illegal.

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I think that may be allowed if you do the conversion post-transfer. But please check with the state! It’s better to ask then to get busted.

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Most definitely, we’re waiting on hearing back from our lawyers… just wanting to hear others experience.

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It’s legal grey; better to ask for forgiveness than permission; if everything is in metric then it should be a non issue. Have all of your SOPs written out just incase you get any questions; be as transparent as possible.

Also never call it synthetic; just say you are utilizing post processing techniques to make the conversion, and it’s still all plant derived material at the end of the day.

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Are you in CA?
I can sell all you can make.