This was a very interesting read! We were shipped the wrong seeds by mistake last season and ended up wasting a few plants before they could run hot. The mislabeled variety was 9% THCa and 0.14% D9 THC (still legal hemp since it was below 0.3% D9 THC). We had the thought of opportunity (as in the case of D8) but then we stumbled on the federal analogue act and decided intent might be more significant than capacity. I’m guessing D8 and D9 are probably “substantially similar to the chemical structure of a controlled substance in schedule I.” If so, would they qualify?
Go read that I explain it
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right, I’ve read into that in detail. and thank you for the reply. i appreciate your time. i have a few really unique strains from this year… one of which was ND total THC, the other was 9% THCa and still <.3 d9 THC… my point is, where do we (or they) draw the line with what’s legal/acceptable? I just realized the thread you pointed me to was about the mother liquor D8, should I start a new thread? thanks!
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Check again I pasted the wrong link
By definition any isomer that’s not d9 is legal from hemp
There is no line that’s the point
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That’s not hemp
If you grew that here in CA youd go to jail
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Right, I agree with you, because anyone growing this almost certainly making d9 from the THCa… which is why it was destroyed the same day we received the results. the breeder mixed up their seeds and we were on the receiving end. sadly…
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Dam dude that’s a major mistake on the breeders part!
Scarey
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but we did have to ask, what about a THCa tincture… could something be done with this? if the seeds were obtained legally, and grown legally, and tested pre-harvest for d9 *** AND PASSED FOR D9 *** technically, wouldn’t it be considered hemp? because it’s “hemp derived”? by definition only is what im asking, and thank you everyone for your input - i am so grateful.
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The only state you might be able to get away with that in is Oregon, I think next year though everything changes since the new rules kick in
I know Oregon didnt require decarb testing
I still wouldnt ship that out of state though
The feds would come after you when they found out
Not to mention with age the thc a will become d9 so eventually it wont be compliant no matter what
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+1 for @Kingofthekush420 said on every post.
I would stop pretending you can make a thca product with that much thca. you really cant. the harvest COA is not legal cover for sale - unless your state regs allow sale to a processor. In our state you could sell to a licensed processor and we would buy it as we can hold THC and process and remediate under our processing license.
what state are you in? most state regs are pretty limited, the key would be do your state regs allow the processor to hold thc. the next question is with plant material prices so low - is it worth anyone’s time to process that material. sorry you ran into this situation, not fun and as @Kingofthekush420 said, epic f-up by the guy selling you seed.
PM me - I might have a solution for you.
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TN that would be hemp currently. I may or may not have some flower in my shop thats ~6% thca ~5% cbd. Nd d9
edit: not anymore apparently
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The variety was destroyed that same day, so all of this is purely hypothetical, and thank you for so many replies on this part… In our state, if pre-harvest was less than .3% D9 and a we were given permission to chop… it’s hemp, by law. Not withstanding the expected incoming USDA regulations - that’s a different story. As I mentioned before, we decided against doing anything with this strain, specifically because of the analogue act. Ultimately, just because we could, didn’t mean we should… and if it sounds too good to be true, it usually is, right?! Thanks for letting me speak my peace on this. Looking forward to sharing the story about our FedEx seizure one day. Ya’ll are too kind. much love!
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oh wow, I didn’t realize you commented on an earlier COA, thank you! this puts your other responses into context. sorry if I came off rude, thanks for your time on both accounts. I appreciate the feedback.
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IT IS ILLEGAL TO SELL THC IN NON-LEGALIZED STATES. PERIOD.
Just as legalized states can choose not to prosecute people for Cannabis, any non-legal States with anti-Cannabis laws on their State books CAN prosecute ANY sales of Cannabis products they want to under state law, including HEMP, regardless of its new Federal legality!
So you can bet your ass they can and will prosecute sales of any form of THC to the fullest extent their laws allow!
This is ESPECIALLY true if the packaging is labeled with misleading, cryptic (e.g. “Pure D8”), or erroneous labeling! Mislabeled food & drug products break several State and Federal laws at once!
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Wisconsin has a booming bootleg cart market. I wouldn’t touch any of them with a 10ft pole.
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Hemp, and the active ingredients in it including CBD and its isomers, has specifically been excluded from the Controlled Substances Act.
Hemp has also been defined as separate than marijuana.
Which states have anti hemp laws, Alabama and maybe Ohio? Edit: Maybe Idaho, Nebraska, and South Dakota as well?
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Ohio is doing hemp this year
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Alabama you can use hemp, non-smokeable though. Side note, Public hearing today on medical Canna, of course the law is insane, non-smokeable seed to sale tracking, 32 dispensaries total for the entire state
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When evaluating State laws - look at where state law/rules stand with respect to the FDA. Sale of hemp derived end products are either (1) a state law carve out, (providing safe harbor cover for sale), or (2) the state says growing processing etc is legal per farm bill, however, (the you’re fucked part), sale of products are governed by FDA rules; or (3) not allowed at all e.g ID.
The FDA makes clear you can’t sell shit. Not as a supplement, not GRAS (generally regarded as safe), not as food additive. In short, if the State law says retail product sales are governed by FDA you cannot sell hemp derived anything in that state. NY is a perfect example of this scenario.
As an aside; you may recall Nov. '19 FDA sent 15 warning letters to companies selling hemp derived products on the internet. (KOI etc). FDA gave them 15 days to respond. You can look at their websites today - every one I looked at said “under reconstruction” or, “product currently not available for sale”.
That is a big fucking wakeup call to anyone who thinks they can sell any hemp derived product by website or IG – or any internet platform (because internet = sales across state lines, making those sales subject to FDA regulation). It should also serve as a big phatty red flag to processors holding inventory. Harder to sell at retail level means retailers are loaded with inventory, which means retail purchases from processors is grinding to a halt, which means processor inventory is building, which means the crash is not here, it is still looming like the grim fucking reaper.
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Didn’t the FDA say that was for company’s making claims?
“to create a complete restorative experience”
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