Opinion: Hemp-Derived Delta 8 is still legal

Joe Biden will make marijuana a schedule 2 making everyone go through fda trials. The language as is written describes hemp as marijuana under .3 thc. The issue is hemp is under marijuana classification. If it gets made a schedule 2 that means the hemp portion of the bill will be the only unregulated part in a form of huge regulation. Or because it gets classified as a schedule 2 it will be deemed having medicinal values and since it’s a segment written in the bill as marijuana it will be found to have medicinal uses meaning it won’t qualify as a supplement and itself though not regulated by dea will be subject to fda.

Fuck shit

Am I completely looking into this too far. I feel like this is the beginning of the regulation of cbd products federally.

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The only time I really don’t like seeing future like my post…

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I agree with your Biden assessment, unfortunately

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Good news for you, is that Biden won’t be elected President! So no worries :grin:

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Is everyone forgetting the fact that what we all do on a daily basis is 100% illegal under federal laws lol?

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i sell equipment… :rofl: :joy: :joy: :rofl:

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covid kehd

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Thats what the florida eagles look like. All busted up part of america.

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Somebody needs to get that eagle some cbd…

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You see where an injectable synthetic cbd will be going to clinical trials for covid-19 treatment?

Ya i just read it lol

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Thanks for posting this.

  • disclaimer: I’m not a lawyer but have agonised over hot hemp (stayed out of hemp flower for years for that reason), CBN, conversions, synthetics, international shipping etc for many hours so glad to see this discussed.

I agree with your post - this doesn’t specifically impact D8 more than current legislation - the DEA already considers all cannabinoids to be controlled substances.
I’m in Australia and that’s how it is here.
The farm bill explicitly exempts hemp derived products providing they are D9 compliant.

The DEA would love to regulate all labs which handle cannabinoids - they have already started with testing labs.

Over time I expect that anyone who holds cannabinoids will be regulated by the DEA - this is probably appropriate given CBD can easily be converted to D9 as easily as D8 - CBD is a drug precursor for the world’s most popular drug.

Regarding D8 now - it’s production methods probably matter a lot.
If it’s only heat, pH and time that’s comparable to decarboxylation or distillation or chromatography and not specifically outlawed.

CBD derived D8 is not synthetic - its’ isomerised or semi-synthetic

D9 derived compounds (eg: CBN) would be clearly impacted by this change. These could be made via D8 instead.

Until D8 is specifically mentioned I honestly don’t think this legislation changes much.

0.3% was always controlled.

WIP product could be impacted and I expect we’ll need DEA licenses to handle and ship these, but if they occur within a production process and are not stored for re-use then they would be OK.

To me this legislation addresses a needed area - what’s happening to all the D9 from hemp?

The USA probably produced more D9 from hemp than the world produced from cannabis - this product should be controlled and destroyed for the USA to be compliant with INCB requirements. This is currently under-regulated.

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or legalize marijuana and let all edibles etc be made from d9 that’s byproduct of the hemp industry. Just shows you imprisoning people makes the people in charge more then legalization. God forbid somebody bring a solution that doesn’t fatten the pockets that be in charge. Wouldn’t it be beautiful to see that supply demand fulfilled by hemps byproducts and regulated. But that would probably drop the prices of marijuana so unfortunately once again we find the other sides most wealthiest, short term interest is to not mix the markets.
Man I can’t wait to watch the news and start thinking about covid again this shit is depressing

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I think it would be interesting to have a poll to see how many retailers, processors, wholesalers, etc that will stay their course and continue slanging vs how many people are gonna pull products and wait for more info. On one hand, it could be dangerous to aggregate that data, but on the other hand, it would be nice to know how much work the DEA is going to have on their hands squashing people should they choose to do that before Oct 20. Thoughts?

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Tea party bro! Trumps an idiot but good for business. Biden would fuck us and Kamala will compound it. Wish we could get a normal libertarian in there. Lord knows the anarchist in me is just waiting for the whole damn thing to collapse.
Tyler Durden your my hero!

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I stepped out of D8 and started focusing on CBN.
Also scaling up isolate production so I can quit playing in the Grey area of Crude and distillate.

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“Synthetically-derived tetrahydrocannabinoids” is what is at issue, and this phrase specifically has been defined to mean compounds that emulate and bind to receptors that cannabinoids do, not compounds extracted from those same cannabinoids. Macher R, Burke TW, Owen SS (2012-05-01). “Synthetic Marijuana”. FBI: Law Enforcement Bulletin. This should be all you need: “[t]he statutory definition of “hemp” is limited to materials that are derived from the plant Cannabis sativa L.” If your D8 is produced using entirely materially extracted from industrial hemp, I don’t believe the rule changes affects this. It does, however, seem to capture D8 and other compounds extracted from elsewhere, which is what I believe the point of this is. C.R.S(24) in Colorado uses nearly the same language, but not once has anyone been prosecuted, shut down, or harassed for producing D8 concentrate from industrial hemp.

** disclaimer not my quote*

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Many places are going to start pulling it/not move forward on future orders. We had several d8 white labels lined up and we’ll be postponing/canceling them until this works itself out

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@JedClampet CBN from CBD or THC?
If from THC it’s definitely impacted by this DEA ruling

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