Drug code 7370 is what makes d8 illegal
Heres the loop hole
Not sure how you can argue with this
" However, as indicated above, if a product, such as oil from cannabis seeds, consisted solely of parts of the cannabis plant excluded from the CSA definition of marijuana, such product would not be included in the new drug code (7350) or in the drug code for marijuana (7360), even if it contained trace amounts of cannabinoids. 5"
If you’re product comes from something not considered marijuana then it wont gall under drug code 7350 or 7360 which are the codes for marijuana and marijuana extracts
Now heres where it gets good
Read *5
" Nor would such a product be included under drug code 7370 (tetrahydrocannabinols). See Hemp Industries Association v. DEA , 357 F.3d 1012 (9th Cir. 2004) ( Hemp II )."
This means that delta 8 from hemp would not fall under the CSA if not produced from marijuana
Along with the definition of hemp, which makes isomers and any derivative as long as its under .3% d9 legal, they cant win.