“The two sides of Delta 8 legality”
One side its legal.
On the other side, it’s not.
Glad we discussed this. Jajajjaa
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Congress would not have to do a binding study to make the change as I understand it, hence the reason I brought it up. If the dea had been able to convince congress of the validity of their current position(all Tetrahydrocannabinols should be illegal) congress just changes the law. Done.
I believe you’re correct on the binding study if the DEA is making the change by themselves, but congress doesn’t need a reason to change or amend a law.
Your argument hinges on delta 8 being considered “naturally occurring” THC from hemp with the citation you’re listing(from a cbd hemp case, cbd was never explicitly scheduled)
I still haven’t seen proof of this binding site bullshit you keep yacking, please elaborate on that with specific information, not something that just says they need reports and studies(which isn’t necessary for the ag to do emergency scheduling - which is unnecessary in this case as d8 is explicitly listed insched 1)
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Does the farm bill say “naturally occurring” isomers? I missed that part…
Show me “naturally occurring isomers” in the farm bill. I see isomers…
Section 1103 of the Farm Bill defines hemp as:
“the plant 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 8 is psychoactive…
The language in the farm bill implicitly would allow for d8, if it were not for it being EXPLICITLY listed on the CSA(where it has been for quite some time)
I’m over this arguing in circles, it’s all moot anyways because nobody has compliant d8
Placement on schedules; findings requiredExcept where control is required by United States obligations under an international treaty, convention, or protocol, in effect on October 27, 1970, and except in the case of an immediate precursor, a drug or other substance may not be placed in any schedule unless the findings required for such schedule are made with respect to such drug or other substance. The findings required for each of the schedules are as follows:
(1)Schedule I.—
(A)
The drug or other substance has a high potential for abuse.
(B)
The drug or other substance has no currently accepted medical use in treatment in the United States.
(C)
There is a lack of accepted safety for use of the drug or other substance under medical supervision.
That’s the only provision I can find in the controlled substances act for schedule 1, there’s nothing about binding site studies anywhere
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Problem is, the controlled substances act was amended to exclude hemp. That then brings us to the definition of hemp as laid out in the 2018 farm bill.
Section 1103 of the Farm Bill defines hemp as:
“the plant 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.”
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The current list of scheduled drugs published April 2020 explicitly lists Delta 8.
That’s more recent, it’s from the relevant governing body, and it reflects what I believe to be the true intent of the law. But as said multiple times in this thread, we all know it’s not compliant so there’s not much point in arguing it further
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The dea is not the governing body for hemp. The USDA is
Who do states call when hemp exceeds 0.3% D9?
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Not the USDA
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Incorrect
D8 from CBD is hemp derived
I’ve already quoted the definition of synthetic cannabinoid above which proves D8 isn’t synthetic if it comes from hemp (then its hemp derived)
By definition synthetic cannabinoids bind primarily to the CB1 and D8 doesn’t do that
This is the bill that added synthetic cannabinoids to the CSA btw
Bro ONCE AGAIN
D8 ISNT SCHEDULED
Please provide me proof on the CSA showing otherwise because here is the direct list from the CSA on THCs
Delta 8 isn’t any of those THCs
ITS ILLEGAL BY THE ANALOGUE ACT WHICH DOESN’T APPLY TO HEMP
Here is a direct quote from a text you uploaded
In order to get an emergency scheduling (which hasn’t happened as they’d release a notification about it) they must show #s 4, 5, and 6.
6 is an imminent risk to public health
No ones dying from D8 which is WHY THEY CANT GET AN EMERGENCY ORDER
The DEA knows it would be over thrown if they tried this
So there’s still requirements to do an emergency listing
The last emergency listing done was for fentanyl and its analogues because people were dying
People aren’t dying from D8 so they can’t do an emergency ruling
Why haven’t they done an emergency ruling if there so against d8?
Because they can’t
And its not specifically scheduled its scheduled as an isomer of D9 thc
Here’s the emergency rules conclusion for immediate scheduling of fentanyl and its derivatives
D8 wouldn’t fall into this kind of category as no ones died from it (or its more potent brother D9)
Maybe if you wish hard enough. This might come to fruition. 
This is the same dance back and forth. It almost sounds like a broken record. If no one is going to jail for it, is it illegal??
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I think thats everyones thinking at the moment, my concern is that it just now became “mainstream”… its pretty similar to spice back in the day. That shit was sold EVERYWHERE, and then people got in trouble and pretty much overnight it disappeared… Im pretty sure lol… I was never a spice head
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I’m not sure who a state calls about that. In my state it’s a regulatory violation that doesn’t even carry a fine. Burn the crop and send us a picture type of stuff
Bro, at this point you’re just giving the guy legal ground, paid for by you lol. No doubt everything you’ve laid out has been discussed with your attorneys, which multiple lawyers agree with. The dude just has a vendetta against D8, can’t understand CSA and it’s exemptions, or the Farm Bill. Hats to you for dealing with that headache.
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So, rationalize for me, how is it that delta 8 can both be explicitly listed as schedule 1 on the DEA’s list of controlled substances, published this year? And simultaneously is somehow legal because it’s hemp derived?
Explicitly banned as of 2020 according to the DEA vs isomerization implicitly allowed in the 2018 farm bill, and this all just ignores the fact that no one has compliant d8
And yeah, I’ve got a vendetta, but it’s more oriented at the people who lie in order to push this shit, and the complete lack of quality control. But sure, go on ahead and act like it’s ok to sell garbage to people who either don’t know any better or don’t have access to anything better
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