Considering they have precedents set in the lower courts on this itll be an uphill battle without binding studies
I feel like if the DEA could get d8 they would have
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If congress wanted to, they could pass amendments to CSA removing any requirement they don’t like. There is a new farm bill passed every single year. You are making this more complicated than it is.
Yet they haven’t done any of that 
You swear like congress didn’t know cbd can become thc (d8 or d9)
I mean there’s only patents on it
And here I am playing with some logo design for a d8 cart line I was gonna call “Bud Lite”
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Nothin like cracking open a weed light with the boys
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Momma we made it
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Oh shit. I missed that part of the title. “DEA investigates”
Lol c’mon now. You think they don’t know?
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https://www.thestate.com/news/local/article249686743.html
A Lexington tobacco and vape shop has lost its business license after law enforcement confiscated marijuana products they say were being sold inside.
The town council voted Monday to revoke the business license for the Smoke O’s 2 location near Walmart on Sunset Boulevard, citing violations of restrictions the town puts on tobacco-related businesses.
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The vape shop had been told what products were allowed to be sold when it opened, town staff told the council.
But a lawyer for the shop argued the products the store is accused of selling are legal commercial products in South Carolina, and the business license doesn’t explicitly prohibit the items from being sold.
Smoke O’s 2 attorney Benjamin Stitley said the products seized by police are a hemp derivative called Delta-8-THC, which is marketed and sold commercially in many states as a product legally distinct from what he called “good old-fashioned marijuana.”
When South Carolina legalized the cultivation of hemp, the state opened the door to the sale of hemp products like this or hemp flowers, the dried flower bud from a legal hemp plant, even in a smoke shop that also sells tobacco and pipes.
“You can look it up online and buy it directly, with the disclaimer that ‘we believe’ purchasing this is legal,” Stitely said. Referencing Columbia smoke shops, he said, “You could go down Harden Street and buy the same product.”
Law enforcement, and ultimately the town council, disagreed. The shop came to officers’ attention when a student was caught carrying its product at River Bluff High School. Police later surveilled the shop and purchased items that tested positive for marijuana content. Officers also purchased smoking implements they considered to be drug paraphernalia.
SLED agents last month confiscated the hemp products and a variety of glass pipes and smoking masks, which is a face mask with an attachment that directs smoke directly into the users face. The clerk who sold the products now faces two charges of distributing a controlled substance.
Town attorney Cliff Koon argued the sale violated the terms of the shop’s business license, saying the town strictly regulates tobacco shops. The application was initially denied because of the store’s location, and was only approved because the owner agreed to sell a limited tobacco inventory.
At a trial-like council hearing on the issue Monday, Koon had SLED agents wheel in dollies loaded high with boxes of items law enforcement had confiscated from the store as evidence of illegal activity.
Stitely argued the license itself doesn’t specifically prohibit any products from being sold, and a warning to remove the offending items should have been sufficient.
After meeting in a closed executive session to discuss the case, town council voted unanimously to revoke the smoke shop’s business license.
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A lot of what we’re seeing happening to d8 is local police going after smoke shops, not federal cases.
This is similar to what happened to guys selling CBD tinctures and hemp flower to and at stores two years ago.
It seems to be happening in more rural parts of the country where cops are up everyone’s ass. One would hope that this ends up like CBD and hemp where it makes the cops look like dumbasses, but with the grey area legality of d8 who knows.
I kinda feel bad for these stores unknowingly buying hit carts and distillate dabs, but most of these stores do t even know wtf they are actually selling and just regurgitate what the chad who sold them the product said.
A lot of these people are making medical claims for d8 which I feel like is the biggest problem of them all. That Fox News video about d8 had secret shoppers getting told it’ll cure your anxiety and pain. I feel like that’s a much bigger issue for d8 than hot product
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I really pity anyone who put their life savings into a business with this stuff not knowing any better
The NYT article the other day said the feds are looking into how to prosecute it, they move a bit slower and more deliberately than the local boys
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They can - don’t kid yourself.
Especially as it is being sold hot - it isn’t even a grey area - it’s already black market just convincing itself it’s hemp legal.
But even if it’s truly hemp legal it’s clearly a chemically modified/adulterated product
Every batch of D8 on the market contains at least 1% D9 and usually closer to 10%.
Most of the sellers are either too ignorant to ask the right questions or are ex MJ (legal or BM) so don’t really care - they understand how the great market moves and how to move product - they’re just playing where the safe action is.
The newpaper article pdxcanna posted is just a taste of what’s to come.
Looks like a duck, quacks like a duck, contains >1% D9 THC like a duck, probably is a duck. What’s any judge, cop or jury going to think of this fancy new Delta 8 THC. They know what THC is, they probably hardly know what CBD is. They don’t need a new mental category for this product. It’s MJ, or synthetic but it sure aint hemp.
If D8 hustlers had brains and kept it as WIP for hemp compliant (<0.3%) finished products D8 might avoid a crackdown.
But while they are commercially misleading claiming they have “DEA certified labs” and zero D9 when it’s an industry secret that it’s actually all hot but we don’t want to use labs that show that there is going to be a ton of commercial litigation at best and felony prosecutions are certainly on the table.
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So is cbd, decarbing and even extraction of the plant is a chemical process
Synthetic cannabinoids have been defined by congress and have had binding studies done so d8 isnt synthetic the final rules released a few months ago also talk about how d8 is naturally occuring in the plant at low concentrations
People are starting to figure out compliant d8, it’s only a matter of time before someone drops a truly compliant sop (im working on one right now that if it works I’ll be open sourcing)
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Here we go again on “is d8 legal”
This argument is never gonna be over till someone goes to prison for this. D8 is legal till you go to jail for it
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There’s only a few of us working on it, and more importantly no one has figured it out at scale while maintaining over 90%tac. I initially thought wow this is what everyone is working on. They’re not, almost all hemp boys are just using what’s been given to them to just make as much money as they can, very little effort spent experimenting or figuring anything out for themselves. The hemp industry is just full of assholes that want to steal your work and fuck you over. None of them are really researching anything, especially if it doesn’t fit the purview of happening while they make money. Until I see that coa from Kca I’m of the opinion it’s all illegal, because that’s how the dea is going to look at it when they test it.
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People sell crude and distillate all day that’s over 1% D9
You can’t steal work that was patented in 1940. You can definitely improve on it though
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What is the legal difference in 1% d9 thc and say 20% d9 thc??
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Lol some have to learn the hard way. Thca decarbs when heated nothing was added …so you are literally comparing apples and oranges AGAIN.
One is arguably criminal while the other is arguably testing deviation. You’re kinda slow at this too huh? Lol
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Sure but that crude and distillate is definitely not for retail sale and doesn’t get labeled non detect thc lmao. And if someone find a new way to do something that isn’t covered by a patent and someone else wants to take that for profit and won’t give them the due credit they deserve for coming up with it is absolutely stealing.
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So you say the other is testing deviation??? how much deviation is involved when you have something that tests 1% and the limits are .3%?? this is a simple math problem…
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