I have said on here many times that all of this happened in the 1990s with the designer drug fads. Chemists would rearrange a molecule and claim it was no longer illegal. Congress passed the analogue act, making all analogues of controlled substances just as illegal as the original substance. D8 is an analogue of d9 and has always been just as illegal. The supposed hemp loophole never got to play out in court. Without an established court precedent, the loophole idea might as well not exist.
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If I could make CBD from D9, would that make CBD illegal?
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Yes. CBD is only legal as long as it is derived from legal hemp.
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This is the only actual helpful post on all of this nonsense. We can only react, and cannot change the past. Dwelling on the DEA not being on board for isomerized THC from a loophole in the 2018 Farm bill is not helping. Instead, let’s try starting a thread on different ideas for comments so that multiple people can help the cause if they choose to do so and create well thought out arguments.
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Quick update with an opinion from legal from pre-IFR guidance:
“As discussed, the DEA continues to maintain that any cannabinoid (including CBD) is a controlled substance, but that is not law – the DEA cannot overwrite an act of Congress, and the 2018 Farm Bill clearly exempts from the CSA, hemp and hemp-derived products (including but not limited to hemp-derived cannabinoids).”
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“All synthetically derived tetrahydrocannabinols remain schedule I controlled substances.” from https://s3.amazonaws.com/public-inspection.federalregister.gov/2020-17356.pdf?utm_campaign=pi+subscription+mailing+list&utm_source=federalregister.gov&utm_medium=email combined with delta 8 specifically being scheduled I would hazard a guess that you are dangerously wrong on this one
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Read the original post. It addresses the statements made by the DEA in the IFR
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Does anyone want to hazard a guess as to whether the SOPs relating to isomerization are now considered illicit goods? I’ve found myself wondering that.
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congress did not remove d8 from the CSA. This was clarification on that. Your analysis in this case is not going to hold up in court whatsoever. d8 was never legal in the first place explicitly, it was just a grey area due to poorly written law
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information is not illegal, at least not in this country
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Congress removed all hemp-derived cannabinoids from the CSA, with the exception of delta9 thc in concentrations above 0.3% of dry weight. Explicitly stated in the AIA/Farm Bill.
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Has the DEA ever recognized CBD as legal? Do they currently accept THC in “legal” states as being federally legal?
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No, but unless your state specifically allows d8 im sure that you can get the lube ready for them.
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I think that raises a valid point to consider. The federal stance has on this industry has never been fully aligned with the position medical/recreational States have taken. Maybe it’s time to begin lobbying our various states for delta 8 specific legislation.
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actually i was wrong. CBD is removed from the csa apparently
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I have long wondered if and why the states will enforce the new hemp rules that kick into effect in november, limiting it all to .3 total thc. I don’t understand why med and rec pot states are going to hassle hemp farmers just because the feds, whom they already ignore regarding d9, say they have to. I wonder if the feds have some sort of funding mechanism to use as enforcement, threatening to deny agriculture money.
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I mean to be honest on this one issue i think they are right. D8 should be regulated through the med/rec markets as if it were THC. It is more similar to THC than it is to CBD.
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How would LE know if your d8 is hemp or canna derived?
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