The two sides of Delta 8 Legality / Δ8THC arguementive discussion

Hempire Building Delta 8
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So I’ve been looking up delta 8 laws and I’m completely confused… On one hand it’s just vendors and their faqs swearing by the farm bill, and on the other hand it’s news articles talking about the DEA’s interpretation of the law.

So at this point is it just down to interpretation or did the DEA make up their own laws n shit? I know they can emergency schedule a compound for a year or something like that but I don’t think that’s the case here. I think it’s just interpretation. Anyway was hoping for someone to give me some insight… if I’m gonna buy d8 I might as well buy d9 if that’s the case.

P.S. I also read that if it’s hemp derived vs synthetically made from cbd that’s the “loophole” their trying to close… how much hemp would a vendor need to make d8 anyway? I found some vendors on kush and not sure if they’re legit hemp derived

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I believe Nevada testing sites were all given a subpoena on D8 testing. Wouldn’t doubt more coming.

That should tell ya all you need to know.

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Is an open and shut case. Same for shipping “in process” hot hemp products (over 0.3% thc) over state lines. Def illegal. Congress did not intend to make a new mind altering substance legal with the farm bill

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THC is illegal in all forms federally.

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Do you have a source on that? Very interesting if true.

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I don’t have an internet source.

This was someone I know who has a facility there. Only sends their test to California now after their testing lab told em.

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The DEA can only oversee controlled substances which are substances that fall under the CSA

To be scheduled on the CSA a binding site study must be done, this is done for D9 not D8

D8 is illegal by the analogue act of the CSA, but the analogue act only applies to Marijuana extracts and not hemp

The above pic is from a ruling, this is the group that sued the DEA over hemp in 2004 and won

This was from that ruling

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Can confirm, currently operating out of Vegas, the labs are required to report any test result with >0.3% D9 or D8 THC to the state…

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If this is the hill you want to die on, I’m rooting for you. But I think they have made pretty clear recently they are not playing with D8.

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the DEA/USAG has emergency scheduling power granted by the Comprehensive Crime Control Act of 1984, idk if they went through the proper process but to say that the Feds have no say in the matter is pretty absurd considering there’s plenty of precedent

https://www.congress.gov/bill/98th-congress/senate-bill/1762

Title V: Drug Enforcement Amendments - Controlled Substances Penalties Amendments Act of 1984 - Increases the fine levels for drug trafficking. Increases the penalties for trafficking in large amounts of controlled substances. Provides increased penalties for distributing controlled substances in or near a school. Amends the Controlled Substances Act to allow the Attorney General to place an uncontrolled substance under temporary controls which provide for registration, recordkeeping and criminal penalties.

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Doesn’t matter if they’re playing with it or not

The law is the law and the courts have already ruled on this

Theres a reason this same group is suing the DEA over it

Go read the ruling

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Here’s part of the ruling where they talk about cbd being hemp derived

What do you think d8 from cbd is?!

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I think that D8 from CBD usually contains D9.

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That doesn’t matter as hemp isn’t part of the CSA

Even the feds have said hemp isn’t scheduled anymore

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hot hemp is

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Only if you run the wrong sythesis, I posted a paper how to make pure d8 from cbd

Its doable

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Were not talking about hot hemp were talking about pure d8 made from isolate

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CBD derived from hot hemp = marijuana extract

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Once again we’re not talking about hot hemp

Were talking about a legal product that was made from legal hemp

If this is the best you got ill just ignore you because repeating yourself definetly doesn’t make you more relevant or right lol

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This is the wrong industry to be in if you’re looking to deal in definites. The wording in the farm bill is being dissected on both sides because it was written by incompetent bureaucrats.

The whole market is in a grey area. This is still the wild west.

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Let’s see a COA from @kcalabs :raised_hands:t2: If it’s not T-free it’s not even worth an argument on the legality of it

Edit: or at least a clean chromatogram from in house HPLC?

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