D8 Legality by Rod Kight

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Will be interesting to see how this plays out when the media catches wind. One news story and the cats out the bag

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Are there any templates for letters to LE regarding hemp/cbd. Doing research on labeling guidelines for hemp derived products

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The second bullet point was most interesting to me. That goes contrary to how I thought the law worked. If that’s the case then some crude may be legal without further treatment.

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Most everyone in the know already knew this. Not sure this is breaking news.

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These are exactly the same points I’ve been making about thc isomers derived from hemp for almost a year

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Do you think this is how a judge would interpret it tho? Isn’t that the big question?

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Rod’s been my guy since 2015, good dude, in it for the right reasons too.

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A legal opinion is much different then sighting a court case.

Anyone been to court for this yet.? anyone take it to the state or US supreme?

Can anyone sight a court case.

We need more then an opinion!

My rasta friend was allowed to smoke weed on probation, his court case was thrown out in an illegal state. lets get some real documentation on this!!!

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definitely agree, sadly its gonna take a court case and most all lawyers giving opinions would love to be the one who gets to battle this one out in court. (lawyers get paid either way)

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You mean a court case in every state; state law dictates here. Farm bill permits states to enact production regulations that are more strict than farm bill language:

" [The] 2018 Farm Bill … amends the Agricultural Marketing Act of 1946, “to allow States to regulate hemp production based on a state or tribal plan.” H.R. Rep. No. 115-__ at 738 (2018).

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If I had documentation of growing hemp, processing it myself into delta 8, pictures, records, witnesses, and a mountain of proof, then I think one could convince a judge or jury that it was legal. However, when I hand that product off, how does the next person prove that d8 came from hemp?

It comes down to burden of proof. Most people know the beyond a reasonable doubt standard. The government must meet that standard, but only to prove that it is d8, which falls under the substantially similar language of the controlled substances act, in that it might as well be d9. Now, if you want to claim it came from hemp, that is called an affirmative defense. The pendulum swings back and now the burden of proof is on you, the defendant. The standard you have to meet is lower, preponderance of the evidence, more likely than not to be true. But even so, it is virtually impossible to prove one’s innocence, especially against the government who has a tremendous advantage in resources.

The legislation was poorly crafted, and really does very little without a corresponding amendment to the controlled substances act.

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I’m not sure that’s the issue. I am certain I could respond and win any case against me. For you, however, it’ll cost hmmmm $200-250k? $50k retainer up front. And you’ll be battling a self-right·eous AG with (relative to you) unlimited legal resources. Who will lie, cheat threaten DEA and criminal charges (and maybe file them) and fuck you over at every turn. Plus, many (MANY) more attorneys and probably several religious right fucktards tonguing his balls to keep him properly motivated.

I’ve beaten one Assistant AG this yr, and am working on win 2 as we speak.

If you want to go there, come loaded for bear, (like BIG, big fuking bears), have money to see it thru or you’ll be bankrupted b/c you have to settle when you run out of cash mid battle and your attorney bails.

Oh, and don’t forget, you will never (EVER) get any of your legal fees back. Your attorney will be driving a sweet new ride license plate: thxsuka to his new beach pad.

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Cool story bro :roll_eyes:

I have little experience with federal prosecution but I’m
absurdly experienced in criminal defense arguements.

Seems to me chain of custody documentation would be sufficient as evidence of lawful commerce. If the proper paper trail exists with manifest, chain of custody, analytics, relevant excerpts of farm bill literature and proper packaging then one should have nothing to fear. I extrapolate from similar encounters with highway patrol, federal postal inspectors etc.

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being right and getting sued are sadly, almost unrelated.

you will be right, however you will need $200-250k to defend, because you’re the precedent, and the AG does not care if you’re right, he’s got unlimited resources to bend you over. he wants a win and is more than happy to string an action out into the $500k range to get you to squeal like a piggy if that’s what it takes to get his W. its more about financial resources, and almost nothing to do with right or wrong. very few get the chance to obtain an actual decision to prove they’re right, because they can’t afford it.

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Every other one of your posts are a copy and paste rant or a picture of a dog shitting. I think I’ll take the internationally known cannabis and hemp lawyers advice, thanks though

I have yet to see a single post from you that provides any community value. You lovingly support a proven seed-selling fraud and are most likely him under a different account name. You’re a little like that sprig of green shit on a plate at Denny’s. Please, aspire to be more.

And FYI, Rod’s opinion does not conflict with anything I’ve posted. A few extra IQ points and you might get that.

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You spam on this website more than anyone else and I’m including the scammers and unverified slangers. Have a good night!

PS did it ever occur to that if the Feds wanted D8 illegal they would have just added it in bill??

You must put COA’S and a statement that has contact information and ideally your attorneys info. It must state the 2018 farm bill compliance and can also state the 2014 farm bill info. Most importantly it discloses what is in the package and/or products and has a COA that proves it’s safe for consumers and lower than .3%thc

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