FDA Consumer Updates: Delta-8 THC

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Exactly…

The only people getting drama are getting d9thc drama or small town don’t know wtf they’re doing drama

That’s a fun little email snippet.

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Williamson and Collins counties are the two I’m trying to get info for right now, they’re both fairly big and populated and have an extremely aggressive sheriff’s office

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The FDA regulates scheduled substances as well as unscheduled substances. The document from the FDA (and recent town halls with the FDA) discuss the synthetic and semi-synthetic and peri-synthetic nature of these conversion materials.

There’s even a special category for combination products (nicotine and/or caffeine products) as well.

CBD is actually scheduled (Schedule V) its just not Schedule I, due to the legislation change from the Farm Bill in 2018.

And the FDA still says that cannabis derived products cannot be put into FOOD or DIETARY SUPPLEMENTS. Cannabis derived includes all those things except the food oil, seeds, and fibers that come from the hemp plant. Which includes CBD and all of its salts, isomers, etc.

Sure is a good thing the FDA isn’t out enforcing all of these things. Cause they just told Charlotte’s Web that CBD isn’t GRAS and cannot be used as a food or dietary supplement (still…even after jumping through all the hoops…)

So you know… when talking about how drug scheduling or regulations work we should all be thankful that they don’t have enough people or enforcement dollars to run around shutting all these CBD and other cannabis derived companies that are selling hemp products into interstate commerce down. Because they could - that’s the way the statutes are written.

They just are choosing to spend their tiny ass budgets on other things (not sure what…but maybe COVID?)

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Just going to put this here.

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I’m just going to leave this here as decarbing is considered a synthetic process as bonds are created or broken

:crazy_face:

Yall can try and argue with me all you want, the fact the DEA said the same shit about d8 as they did cbd proves its in the same category

Keep arguing but I won

Sorry

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I’m not arguing. I just posted the definition of synthetic. As it pertains to this conversation. I would agree that delta 8 would be considered natural if it were extracted from the plant, but at .1% that would be pointless. That fact that it is converted cbd makes it synthetic. I mean its right there in the definition. Just like converted delta 9 is synthetic. Just my opinion. Take it how you want.

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A synthetic to a chemist has no starting materials that come from a plant, if anything this falls under a hemp derived semi synthetic as the starting material is organic

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Semi-synthetic = synthetically derived, which the DEA has claimed purview over

If it is converted from naturally derived CBD it theoretically could be legally classified as “natural”

If it is handled like other “natural” chemicals, even the olivetol route derived from lichen could potentially be deemed as “natural.” The FDA doesn’t really formally define “natural” since it depends on the expectations of that particular consumer item but in most cases it basically just means it’s not derived from petrochemicals.

Unless cannabinoids are given their own special precedent then we will probably see converted cannabinoids and those extracted directly from cannabis both marketed side-by-side as “natural.” The system is broken but synthetic and natural doesn’t directly correlate to purity/safety/quality anyway so it’s not a surprise that it’s handled this way. Sometimes synthetic is safer. Sometimes it’s not.

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That is incorrect. A semisynthetic product is still synthetic. Semisynthetic only implies that the a natural product was used as the starting point for transformations, as opposed to fully synthetic which implies that all components originated in a chemical factory somewhere.

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The FDA is regulating d8 the same way they are CBD so d8 isnt considered a “synthetic thc” by the CSAs definition since it’s hemp derived

it doesn’t say they are regulating it, it says regulated products(foods and drug preparations)

DEA claimed authority over it with the IFR

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This basically states that this is an fda regulated product which is why they’re working with states to regulate it

You dont see them saying they’re working with states to go around and bust people, this is REGULATION (“monitoring the market”)the same exact kind that happened when ppl made health claims about cbd

I bet you didn’t even know the definition of THC in the CSA only includes synthetic thcs

If it included natural thcs then MJ wouldn’t need its own category

Once again d8 is exempt under 7370 if derived from hemp!

We can keep arguing about this or you can accept the fact d8 is now being monitored by the fda just like cbd

Bro it’s not even worth it it’s the same shit with a few guys who won’t change their opinion too entrenched at this point.

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Exactly. DEA’s authority supersede FDA by statute.

How the legal counsel that helped FDA draft the Farm Bill missed or disregarded that fact is unfathomable.

The IFR simply reminds everyone who’s the top dog while firming up the language around synthetic THC molecules.

All THC molecules except d9-THC are synthetic.

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Products and claims are monitored and regulated by the FDA and their State equivalents. Busting of manufacturers is done by the DEA. And in States that has explicitly banned d8, those States’ enforcers can do the busting themselves.

When you understand the the scheduling behind MJ and thc you realize only MJ (which is the cannabis plant itself) and synthetic thcs are scheduled

Cbg,cbn,cbc,cbl,d8,d10

They’re all not scheduled

Only way they were illegal is from MJ (since it’s scheduled, and the AA made its isomers illegal)

Anything that falls under the definition of hemp is exempt from drug code 7370 which is the code for THCs

It’s pretty simple when you actually understand HOW the scheduling is written

Yes, in states where they’ve passed a hemp bill and it bans d8 d8 is illegal

https://scholar.google.com/scholar_case?case=17078408009970359935&q="Industrial+hemp"&hl=en&as_sdt=6,45

Did you know the DEA lost to the same people suing them over d8 right now?

The DEA cannot control a drug that is not scheduled and d8 had only ever been illegal because of the AA act

As shown above drug code 7370 doesn’t apply to hemp

As you can see there’s only 3 banned isomers of thc and none of them are d8 (d8 is an optical isomers of those and is illegal through the AA)