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.