Heres another look at this topic… (reposting with permission from the Author, credit and contact below).
Original text from his post:
I’ve seen a lot of misinformation regarding the DEA IFR concerning industrial hemp and Delta 8 production.
Our team recently put together the following article to shed light on the fact that the IFR most likely changes little in the status quo. To summarize some of the points:
It is unlikely that the DEA intends to qualify processing naturally occurring cannabinoids from hemp as “Synthetic.”
More likely than not, Delta-8 derived from hemp is not controlled as a synthetic cannabinoid; and
More likely than not, non-consumer intermediate concentrate products derived from hemp are not intended to be controlled under the CSA.
Don’t let misinformation and fear mongering fool you.
About me: I have drafted/negotiated countless processing contracts, Delta 8 legal opinions, tolling agreements, and I have been involved in over $1.5 billion aggregate of transactional deals in my career across a variety of industries.
If your hemp/CBD business is serious about doing deals correctly, effectively, and with the highest legal protection, call or email me:
The d8 argument to me is weak sauce. There is no ambiguity about what “naturally occurring constituents of the plant material” means. It means molecules that were present in the plant. The d8 molecules were not present in the plant – only their precursors were. So I don’t think him attempting to say “well golly there’s no way to know what they intent by that” is very persuasive.
The argument about intermediates is hardly even an argument. It’s just “well it can’t be the case because the industry would be destroyed if it was”. Well yes, that’s what everyone’s been saying from the start. But wishful thinking doesn’t make it so. On that front, we just need to wait and see if the DEA tries prosecuting people on that basis.
“About me: I have drafted/negotiated countless processing contracts, Delta 8 legal opinions, tolling agreements, and I have been involved in over $1.5 billion aggregate of transactional deals in my career across a variety of industries.”
Ok, so he clearly has an incentive to keep it legal. Definitely staying out of this until I see a critic change their opinion.