With the assumption that a given lot of Biomass was legal under the 2014/2018 Farm Bills, what provision is there to transport extracts from that same Biomass that, due to processing, now contain more than .3% THC across state lines? I’ve often heard of “in process” transport where as long as the extracts are going from one facility to another for further processing, the amount of THC doesn’t matter as long as the original Biomass source was compliant. Is that true? Or is it just a legal opinion?
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Do not cross state lines with any product over .3% THC.
EVER.
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Buy and Download a copy of Hemp Rules: A Handbook for Hemp & CBD Businesses its a great tool for companies looking to be federally compliant
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First off I’m not a lawyer. Second, it’s pretty clearly illegal. There’s no exception in the farm bill for shipping “in process” items. And if you are selling said item across state lines it’s not “in process”.
People motivated by money will come up with all kinds of contortions to justify it, and then use that is very unlikely to actually get busted to further argue that is legit.
Choice is yours
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I will definitely buy and download this book. However, do you know if addresses my question in view of the 2014/2018 Farm Bills?
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@TomSCook - all of the responses were appropriate. What you are asking if it would be okay to do is illegal.
There is no wiggle room for transporting a product that has a +0.3% concentrate, regardless of what you call it. We don’t have to question this - because that’s both how its written AND how it is being enforced by this administration.
There is a section of the USDA Final Interim Rule which outlines this really well, IMO.
For the purposes of this new part, and as defined in the 2018 Farm Bill, the term “hemp” means the plant species Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. Delta-9 tetrahydrocannabinol, or THC, is the primary intoxicating component of cannabis. Cannabis with a THC level exceeding 0.3 percent is considered marijuana, which remains classified as a schedule I controlled substance regulated by the Drug Enforcement Administration (DEA) under the CSA.
A link to the Final Interim Rule
In this definition - the specific word “extract” is used. I’m pretty sure you are asking if your extract which potentially has more than 0.3% THC in it, can be moved into interstate commerce. According to this definition in the rules - the answer would be no, because what you have created would no longer be “hemp” or a product controlled in that way and would be Scheduled I - and therefore illegal.
I’m not even sure what lawyer would look at these regulations and provide you a legal opinion that said this would be okay.
The other opinions shared here come to the same conclusion - “in process” transport is not appropriate and you should not be moving materials across state lines that are illegal.
The FDA and many state agencies recommend reaching out to the DEA when questions like this arise. I would assume they would agree with me that trying this would be illegal - ask where you were located and potentially come and take your stuff.
Don’t try to live in a very dark gray space - the new programs exist only so long as we all agree to abide by their rules. <3
Your local state program will tell you how to handle things that are above this level (where I’m from we call it having a bonfire) and states that do not have their own program are governed by the USDA rules I linked to you above.
Good luck mate. I know you’ll make the informed choice.
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Thank you for your lengthy and informative response. Much appreciated!