Delta 8 grey area/legality

Do labs use hot hemp to convert to D8?

D8 in and of itself is going to be hot.


How does it become hot?

The Controlled Substances Act is pretty clear about what they consider “hemp” and what they consider “drugs”

The term “hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, ISOMERS, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.


Hot hemp is only 1/5 of the problem. You then have your hot crude or w.i.p.e (work in progress extract), then during your conversion it’s all d9 before it’s d8 (CBD->d9->d8), then you have to worry about the d8 itself being hot, then you have to worry about the legality of the d8 which is schedule 1. Obviously only the last two points effect the end consumer. Not sure why the person in your chat thinks the starting material is going to effect the legality of his end product unless the starting material is d8 flower , which doesn’t exist. Because if you start with CBD isolate you still need to go past d9, and chances are your isolate was made with ‘hot’ hemp, crude, and distillate.


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that all depends on where you are and the testing standards of the labs your policy makers choose to recognize. Many policies only cover D9 as the policy hasn’t caught up to the pace of the industry. #ganggang

The real question is, what’s that discord invite? :slight_smile:


At the end of the day I doubt it matters where an intoxicating drug comes from, the DEA and FDA could care less. If we find out tomorrow we can isolate cocaine from hemp with <0.3% d9 it still would not be legal. I can only think it to be a matter of time before the policies catch up, its hardly “legal” now and hemp processers pulling this shit are only hurting the industry.


Looks like Congress addressed the WIPE piece recently.

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I think he means this Nine Members Of Congress Tell DEA To Revise Proposed Hemp Rule On THC Content - Marijuana Moment

Which doesn’t change anything in my eyes

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It won’t let me link it here but look up the announcement on US hemp roundtable dated December 22nd. It is part of the omnibus appropriations bill.

Here is a link


As someone who’s been on the right side of the law in a grey area, I can tell you 100% that the risk is not worth the reward. The cost of having your business raided, lawyer fees, opportunity costs, etc will be astronomical, even if/when charges are dropped.

Also, d8 and thcp fall under the analogue act.


Don’t tell that to the folks who bet the farm on becoming a hemp millionaire and are scrambling to make money since the floor fell out on CBD prices. :eyes:


At least those guys have less to lose since they probably lost most everything trying to sell the hemp in the first place.


Hurting an industry that is already unsuitably regulated by one side of the fence?

What ever happened to the culture conversations lol last time I checked, rules and regulations where meant to standardize markets for the consumer benefit…not slow down individually funded research and product innovation.

The current, common-place corporation is hurting the industry; the people who throw in the towel because CBD is through the floor, instead of realizing the true bottlenecks in our society. the real OG’s are capitalizing on pieces of a market that bring more sustainable futures. (P.S. Hemp silks are currently worth more than CBD Isolate.)

albeit, I’m a believer that D9 grown from a plant is far superior to a lab processed molecule, I can’t deny the disruption that entrepreneurial innovation has laid down on unfair, unsupportive legislation.


Educated, Transparent, and socially regulated markets are ones that leave fair opportunity to all players and in the end become refined based on consumer demand, not monopoly driven double standards.
Im excited to read more about the DEA’s stance.
thank you @PharmExOregon for posting that!

meanwhile, up in Canada… many analogues have been left out of policies and the general feel amongst our regulators remains:
“lets just sit on the fence with this one and ride it out… wait, how do we make personal gains off things in the interim?”

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I’ve written this a few times but everyone seems to ignore it. I think you guys are missing the main issue, and one you cannot avoid by making D8 from hemp:

D8 made in a lab, from CBD, is a synthetic cannabimimetic. Full stop. So the DEA and FEDs are going to win in court.

I don’t care if comes from hemp, yeast, or farts, if it’s a synthetic cannabimimetic “substance with similar pharmacological effects to those of cannabis” it’s illegal currently.

Stop the madness. Get real lawyers.


Looks like I wrote too soon. At least three members have discussed this issue after I started writing about it over a year ago (regarding THC acetate): The two sides of Delta 8 Legality / Δ8THC arguementive discussion

@Kingofthekush420 makes some good points, and so does @pdxcanna and @ScoobyDoobie. But at the end of the day, the DEA and FEDs will win on this, if for not other reason, than D8’s a cannabimimetic as I’m sure they can prove with their vast resources.