Until now, Delta-8 Tetrahydrocannabinol (Delta-8 THC) has fallen into a legal gray area, unless explicitly prohibited at the state level. As of today, August 21, 2020, most Delta-8s are illegal in the United States.
DELTA 8 THC illegal! It was long overdue and according to the most recent DEA (Drug Enforcement Agency) Interim Final Ruling, effective today, any synthetically produced Delta-8 is banned, despite the 0.3 percent rule. “All synthetically derived tetrahydrocannabinols remain Scheme I-controlled substances,” the ruling said.
*** UPDATE: DELTA 8 THC PRODUCTS ARE AVAILABLE TO HEMPIRE IMMEDIATELY ANNOUNCING THAT THEY ARE SENDING AND RESTORING THE PRODUCTS!
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Background
Delta 8 THC is a compound that has been under investigation for some time now, although it just recently made its way into the mainstream. Numerous studies, mostly Israeli, indicate that Delta 8 THC can be used to relieve nausea, boost the immune system and even shrink tumors. Once referred to as this small cannabinoid, it quickly gained popularity as a healthy and legal, yet semi-psychoactive, cannabis compound.
Because Delta 8 THC could be extracted from legal hemp, Delta-8 itself was legal. It was banned only in 8 states, those that banned the manufacture, use and possession of Tetrahydrocannabinol AND all its chemical analogues. That, unless specifically stated, Delta-8 THC was legal, as per the Farm Bill of 2018.
Delta-8 CAN be extracted from hemp plants, however it exists in such small quantities that most of the time Delta-8 is actually converted from CBD (cannabidiol) using a chemical catalyst. Under the new ruling, this would qualify as an “illegal synthesis of THC (tetrahydrocannabinol)”, making DELTA 8 THC illegal under U.S. medical planning law.
Businesses are now shaking up to come up with a Plan B at a time when small businesses are already facing unusual challenges. Many people are surprised that this is what the government is aiming for, during a global pandemic when the labor market is essentially destroyed and civil unrest is rampant in the streets of most major American cities.
What is Delta-8 THC? All your questions, answered!
DEA’S Misinterpretation of the Farm Bill
As usual, the DEA interprets what was in the farm bill and uses it to impose a law that, again, makes absolutely no sense. Specifically, the Farm Farm 2018 includes hemp-derived “cannabinoids” and “derivatives” in its definition of “hemp”.
Simple (which is apparently necessary when dealing with these instances), this means that cannabinoids and derivatives of hemp are themselves “hemp” under the statute. For this reason, a derivative of hemp-derived CBD is itself “hemp” under the statute and should be legal.
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Numerous sources define a chemical derivative as “a compound derived from a similar compound by a chemical reaction.” The following text is directly from section 10113 of the 2018 farm accounts:
The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including its seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether or not grown, with a delta-9 tetrahydrocannabinol concentration not exceeding 0.3% on a dry weight basis. ”
The Farm Bill Set to Legalize Nationwide Hemp Cultivation
DELTA 8 THC illegal? Make your voice heard!
For now, this statement that makes Delta 8 THC illegal is a stick in the wheel for any business owner who has just invested in Delta-8 THC. It would also be extremely problematic for consumers who have found therapeutic value in the use of Delta-8 THC. Of course, the products can still be sold and bought, but it would be illegal, so there are obviously risks involved.
Fortunately, the verdict is not yet official and you can forward your comments via click here and follow the online instructions. Make sure you refer “RIN 1117-AB53 / DOCKET No. DEA-500” to all your correspondence to make sure it does not get lost or end up in the wrong folder. You have until October 20, 2020, to get your opinion out.
Numerous large companies are now working with their lawyers to appeal this ruling. They believe this decision is not legal (and it is not), so we’ll keep you updated as we learn more about the procedures.
One of these companies is Hempire Direct, who inform their clients that they will fight back:
“What the DEA is trying to do about delta 8 thc is illegal, and myself and a few companies are doing a business. I put delta 8 back on the page today. After reading how many people this product has helped, I will be damned if I ever stop selling.
Unfortunately I will no longer buy 2 and offer 2 for free. We need the extra income to pursue death. That I will take 50% of the revenue from this product and pursue the pants from the DEA!
Click here to support us in our fight agency the DEA
Buy Delta 8 THC today Click here. ”
Click HERE to get DELTA-8 THC vape cartridges from Hempire Directs
For updates on this matter, and additional information on Delta-8 THC, make sure you sign up for the Delta-8 THC Weekly Newsletter, your source for all things related to this now controversial connection.
Click here to cast your opinion on this issue.
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Sources:
What is DELTA 8 THC (FAQ: Great resource to learn about DELTA 8THC)
DELTA 8 THC Medical Benefits (The Medical Background of Using DELTA 8 THC Products)
DELTA 8 THC Business: Risks and Rewards (Read This Before Opening a DELTA 8 THC Business)
DELTA 8 THC Legal brief (explains the legal background of the business opportunity DELTA-8 THC)
DELTA 8 THC Testimonials (What People Have to Say About DELTA-8 THC)
DELTA 8 THC Vape Cartridges (Product review)
DELTA 8 THC Softgels (Product review)
DELTA 8 THC legal paper
DELTA 8 THC Newsletter (The DELTA 8 THC Weekly Newsletter)
The CBD Flowers Weekly Newsletter (your top source for all things smoking hemp flowers)
The Medical Cannabis Weekly Newsletter (International Medical Cannabis Report)