How come you only have gummies up if D8 from hemp is kosher? What are you waiting for?
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The FAA applies to substances not specifically scheduled in the CSA, has nothing to do with things excluded from the CSA because that is exactly what the FAA is for, things that areânt on or are excluded from CSA Despite what slingers who are too afraid to reveal their real name or business address like to promote, the cannabinoids in cannabis are not excluded from the FAA.
Yeah I think you should re-read my post cause you didnât actually read it. I said the FAA has been around long before hemp was legalized so idk wtf your talking about.
EDIT: Oh fuck me never mind you sell D8 lmao never mind I thought I was talking to someone who actually cared to learn the law so they can break it safely.
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heâs been pretty consistent in only selling formulated finished products, the raw distillate being âWIPHEâ is another thing
Does D8 âdistillateâ really count as WIPHE?
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So what did you mean by this? Because hemp was excluded from the CSA long after the FFA was made
Wrong again
Read the definition of hemp
Cannabinoids and isomers are included on there
This was addresses in the OMNI bill btw
The DEA got checked
Lol keep trying
that was in regards to the natural THC in hemp extraction, no? Not delta 9/delta 8 that was synthesized from hemp feedstock
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What do I mean by that? I mean you donât understand what the FAA is. Itâs applies specifically to substances not listed in the CSA and specific to legal definitions in regard to be relating to things in the CSA.
Hereâs an example: Back in 2008 (and still disputed but even now depending on the tate) HU-210 was legal to buy and have, however because it is structurally similar to D9-THC (actually more similar to D8-THC because of the D8 placement) it is illegal to sell for consumption under the FAA. There is nothing in the CSA that says HU-210 is illegal to this day (depending on state). As a loophole people who sold it would stamp ânot for human consumptionâ on the bags. Despite that loophole consumers who admitted to smoking the mixture could be arrested and charged under the FAA for possession. And that not for consumption bullshit is too easy for cops to setup and rip through these days.
Hereâs an example: Back in 2008 XLR-11 was completely legal, you could buy it, sell it, whatever. It also wasnât structurally related to anything illegal at the time. However because it stimulated your CB1 receptors more potentially than THC itself, that made it illegal for consumption under the FAA even though nothing about XLR-11 was mentioned in the CSA. As a âloopholeâ people who sold blends with it put ânot for human consumption on the bagâ. Which again, wonât work out these days.
Hereâs an example: Police can arrest you for marketing anything as a legal alternative to something in the CSA. So you could be arrested and charged for selling literal grass clippings or un-medicated candy to someone if you really marketed it as a legal alternative to something illegal (for example, high is like D9 THC but less anxiety). This is also why people who sell bags of non-medicated candy still get charged as if they weâre not.
FAA applies to things specifically not regulated under the CSA but related to or marketed as being related to something that is in the CSA but in relation to meaning the governments several definitions of relation (structure relation, activity relation, marketing) and it does not have to be all 3, only 1 of those.
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This is incorrect
All 3 points must be met for a substance to be considered under the FAA
Look at point 2
âthat is substantially similar to or greater than the stimulantâ
D8 isnât even close to the potency of d9, plus itâs not scheduled so the DEA would have to schedule it before enforcing it
Under the definition of hemp d8 is legal since itâs an isomer of cbd and not specifically scheduled (d9 isomers are illegal under the FFA of the csa, they are NOT scheduled)
Read the 1st case
AET was found not to be similar to DMT because it didnât produce the same effects
The substance must be as potent or more potent to be considered an analogue
That doesnât mean the DEA canât do studies to schedule it like they did with AET
No, you are mis-understanding it. Those (i) (ii) (iii) are 3 separate legal definitions it does NOT have to be all 3 to meet the FAA requirement only 1 of them. I just gave you 3 very clear legal scenarios that happen in real life that covered each one separately.
D8 potency does not matter because it meet definition (i) of structure similarity and if you get a hard ass prosecutor you made a relation to (iii) by including the name THC in your marketing of it. Again it does NOT have to be all 3 it ONLY have to meet 1 of those 3 definitions. I know that for a fact because I was arrested and charged for (i) and (ii) definitions on 2 separate occasions and have worked with people who have done years for (i) and (ii) and (iii) definitions separately as in they only met 1 of them. Spreading mis information like you are is how people get arrested, this mis information was literally created by 3Chi and the other first few vendors who marketed D8 on a mass scale and itâs going to get dumb people arrested.
âplus itâs not scheduled so the DEA would have to schedule it before enforcing itâ
DudeâŚthatâs what the FAA is for. The FAA applies specifically to things NOT scheduled. You have to be trolling us at this point if not ignoring what we are saying.
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âAs a district court decision, this case is no binding precedent.â
" However, despite this ruling the Federal Analogue Act was not revised"
This was because that specific DISTRICT judge ruled "The common law principle that the people should have the right to know what the law is, means that the wording of laws should be sufficiently clear and precise that it is possible to give a definitive answer as to whether a particular course of action is legal or illegal. "
When you get arrested for actually violating the FAA you go to FEDERAL court infront of a FEDERAL judge not a LOCAL DISTRICT JUDGE which is your LOCAL COUNTY. That man got lucky he went to district court and the district judges own personal opinion on how the law was written is what saved him
I think itâs important for everyone to remember that ultimately, the government is gonna try to get away with whatever they can if they decide to prosecute someone
Youre incorrect
See court case united states VS Demott
Hereâs the excerpt from it
D8 cannot be considered an analogue as its not a direct precursor and it doesnât have the same or greater effects as D9
Letâs use fentanyl isomers as an example
âA fentanyl analogue is a substance intended for human consumption that is substantially similar in its chemical makeup and effects to fentanyls already listed in Schedule Iâ
Notice itâs similar in structure AND effects
Buddy, in the thing you circled it says right there âthe statue addresses chemical structure and pharmacologic effect in separate provisionsâ and further more, above what you circled clearly lays it out as 3 separate unique definitions that 1 or more could apply to. All of the people in that case you just quoted was sentenced to federal prison by the way.
Oh please DO send an inquiry to the DEA yourself for confirmation on what the FAA law is. Yeah notice the press release says âplaced all illicit fentanyl analogues not already scheduled in the CSA into a temporary schedule 1 status for 2 years with a 1 year extensionâ, so that report you just showed us has NOTHING to do with the FAA at all. the emergency scheduling power the DEA has is unrelated to the FAA. Youâre literally posting things youâre not even reading so I imagine your not actually reading things weâre saying. I only want you to know the law so you know how to protect yourself and so misinformation does not get spread, I donât mean to be rude.
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There are 2 things that MUST be met to be considered an analogue see united states VS demott which is what is uploaded above.
Only precursors can be scheduled without having the same or greater effect
D8 isnât an analogue of d9 as it doesnât have the same or greater effect and isnât a precursor to d9
