Important for Delta 8 Sellers

While this comes as no surprise… According to the DEA, Delta-8 THC synthesized from CBD using a chemical process is considered a synthetic form of THC and is subject to federal control as a Schedule I drug. This means it’s not exempted by the 2018 Farm Bill.

In 2021, the DEA’s Chief Chemist, Dr. Terrence Boos, clarified in an email that any amount of Delta-8 THC obtained by chemical means is a controlled substance. So, unless your Delta-8 products are directly extracted from hemp (and not subject to any chemical conversion process), they’re under strict federal control, just like other Schedule I drugs.

What does this mean for you? Well, first off, if your business relies on interstate sales, this “clarification” would appear to make any transfer across state lines a violation of federal law.

Additionally, your D8 biz might now need to pay taxes under IRS Code Section 280E, which prohibits deductions for operating expenses related to controlled substances. This could eat into your profits big time.

What can you do? Stick to buying and selling Delta-8 THC in states which already have THC regulations allowing for D8 sales. That means acquiring D8 manufactured in-state (in accordance with relevant local THC laws).

Also, keep in mind that advertising D8 sales across state lines could also violate federal and state laws.

While there’s some debate about this, Dr. Boos’s opinion is authoritative and likely to be taken seriously by the courts. Until things change, better stay on the right side of the law!

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This pic symbolizes the collective party that is over.

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God damn it looks like I have to go back to fetish urine, boner pills and k2 :face_with_symbols_over_mouth:

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I dont think the DEA makes the rules, I think they enforce them. Sadly for them.

A man after my heart.

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