National Hemp Association's Opinion on the IFR

As laws are open to interpretation, I find it is important to hear from more than one perspective, especially from an organization as large as the NHA. Additionally, in the IFR, it clearly states in the beginning: “This interim final rule merely conforms DEA’s regulations to the statutory amendments to the CSA that have already taken effect, and it does not add additional requirements to the regulations.”

I find this point of view from the NHA much more logical, rather than assuming the whole entire market is now operating “illegally” to one degree or another. I believe the “synthetic” verbiage was added with the intention to protect psychoactive synthetic cannabinoids that emulate Delta-9 such as JWH-018 from being produced, not to prevent naturally occurring cannabinoids such as Delta-8. Delta-8 has been tested for and analyzed for 50+ years and was not a regulatory concern when writing the farm bill, and even is included as being a “derivative” of hemp. I find it illogical for the SOP of derivation to be the legal determining factor, especially considering there is no analytical testing that can prove such derivation discrepancies.

Several paragraphs from the NHA link above:

“What is potentially really positive in the IFR is the fact that the word decarboxylation does not appear anywhere in the document. While total THC remains the protocol in determining hemp to be compliant at the USDA/farm level, the fact that the DEA IFR only references D9 could provide some much needed breathing space for the smokable flower market”…

" …The issue of D8 THC is not addressed at all in this document. While this may be viewed by some to be a go ahead for marketing D8 products derived from hemp, there is another argument that D8 may fall under the category of synthesized tetrahydrocannabonoids and remain a schedule I substance.

In conclusion we see this as a good step that further removes the DEA from the Hemp Industry. There is now a public comment period open until October 20, 2020. NHA will participate in the public comments and continue to report back to you as developments occur…"

Additionally I do believe a misconception has been created in regards to the Effects of Delta-8 as well, due to 99% of the products on the market being “hot” due to inaccurate testing. This obviously does not help the cause, but the effects of Delta-8 are far less “psychoactive” than most think. I’d love to hear the communities thoughts on this.

“Delta-8 has been tested for and analyzed for 50+ years and has never been a regulatory concern to my knowledge”

You mean besides the fact it’s been schedule 1 on the CSA for years?

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Thank you. Correction* In regards to the implementation of the farm bill

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Have you eaten delta 8? Certainly less psychoactive when smoked, but as an edible it seems pretty comparable to d9. I believe it even forms the same metabolite when ingested, doesn’t it?


Ever eat 500mg of d9 thc vs eating 1000mg of d8 thc???

I can tell you the psychoactive feeling with even double the amount wasnt even close to the high.


Nope, but I’ve tried normal human doses


When I broke my ribs I tried d8 as a pain relief. I was eating by the gram. Usually 250mg of d9 thc gets me stuck and 500mg is like a trippy cool high where I feel like I’m floating for the first hour.

D8 didn’t give me any euphoric feeling. And 500mg is a nice dosage for an overload on the system.


300mg is about my max for either


500-1000mg d9 ftw


I agree. When I’m on vacation and I can’t dab the way I do at home and while working. I eat d9 by the gram. I’m eating 250-300mg every hour to stay medicated.

Last trip to Asheville. I brought 17g of d9 in capsules to put on blunts and eating. I didn’t come home with anything 4 days later. I had a 1/4 of bud and a 1/4 of diamonds too.

I did blaze my homie out every night with dabs till we passed out. Imagine him. Not dabbing either in a year. :joy::rofl::joy:


Gawd you guys derail topics like it’s a Job :rofl:

I’d like to know how lawyers and half the industry is freaking out meanwhile NHA is basically saying “Business as usual & don’t make Spice”

@Future any opinion?


Because they are a lobbying group for hemp growers and business. Of course, they say it’s business as usual. And this topic is much like half the other topics on here the past week so trying to break up the same post 400x with some humorous banter kinda keeps this place from being a dull place with a bunch of chads crying about how they might have to go get a real job because their pipe dream just blew up. :man_shrugging:t3:


but what about “work in progress hemp extract” ? Say You extract from state checked hemp. Even tho that hemp is below 0.3thc you’re still concentrating above the legal limit when you extract. Even tho it will be diluted to the legal limit in its finished product…

What does that mean for cbd processors ? I found this in an article im sure most have already read. Are we S.O.L?
Here is an excerpt

the legal status of work in progress hemp extract (WIPHE) that contains delta-9 tetrahydrocannabinol (THC) concentrations in excess of three tenths of one percent (0.3%). For purposes of this article WIPHE means extract of hemp in a partially processed state that is not intended for consumer use or consumption. The IFR has deemed WIPHE to be an illegal schedule 1 controlled substance (the most restrictive) under the CSA:

[T]he definition of hemp does not automatically exempt any product derived from a hemp plant, regardless of the D 9 -THC content of the derivative. In order to meet the definition of “hemp,” and thus qualify for the exemption from schedule I, the derivative must not exceed the 0.3% D 9 -THC limit. The definition of “marihuana” continues to state that “all parts of the plant Cannabis sativa L.,” and “every compound, manufacture, salt, derivative, mixture, or preparation of such plant,” are schedule I controlled substances unless they meet the definition of “hemp” (by falling below the 0.3% D 9 -THC limit on a dry weight basis) or are from exempt parts of the plant (such as mature stalks or non-germinating seeds). See 21 U.S.C. 802(16) (emphasis added). As a result, a cannabis derivative, extract, or product that exceeds the 0.3% D 9 -THC limit is a schedule I controlled substance, even if the plant from which it was derived contained 0.3% or less D 9 -THC on a dry weight basis. ” ( emphasis added )

the way its worded. Essentially all Heady and high cbd will be illegal practically from any point in the plant life probably 4 weeks in to flower. I see people say dont decarb well if its 3% thca even not decarbed its hot with the interpretation of .87 thca to thc. Otherwise THC people would just be sending pure 99% thca all over the country.

this is interesting which white market boyz turn to black market trappers over night.


certain companies have already been selling 5%thca cbd bud :joy: crazy foos