Until now, Delta-8 Tetrahydrocannabinol (Delta-8 THC) has fallen into a legal grey area unless expressly prohibited at the state level. This has allowed suppliers of Delta-8 THC vape carts, dans, gummies and tinctures to ship them by regular mail. This is changing now and within a few weeks mail order of Delta-8 is becoming illegal in the United States.
You have only a few more weeks to stock-up on Delta 8 THC vape cartridges, as the new regulations is already pushing price up.
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Is DELTA 8 THC illegal?
Is DELTA 8 THC illegal or it is legal? While hemp-derived Delta-8 THC is considered by all to be legal, and you can easily buy Delta-8 THC online the DEA (Drug Enforcement Agency) believes otherwise. A few months ago they have issued an Interim Final Ruling, stating that any synthetically-produced Delta-8 is prohibited, regardless of the 0.3 percent rule. “All synthetically derived tetrahydrocannabinols remain schedule I controlled substances,” the ruling specified.
This statement took the industry by surprize, and many of the top suppliers took their products off-line, for a few long-days. However, after checking with their local legal advisors, a solution was found and who-ever wanted to continue selling products online, had to guarantee that it is a hemp-derived product.
This was the sign to a new era and the price of Delta-8 THC went down, as more and more suppliers joined the game. Currently, Delta-8 THC vape carts, sold, only a few weeks ago for $39.95/cart, are now offered for as low as $12/cart!
Legal or just a loophole?
A few months later we still don’t know for sure if Delta-8 THC is legal or illegal, as some claim the whole ‘hemp-derived’ statement to be just a loophole. None-the-less, until the regulations will come with clarifications, business is as usuall and the business of Delta-8 THC products is stronger than ever!
ln-fact, after this issue was resolved the sales of Delta-8 THC products went skyrocking and in Q4 we saw many hemp suppliers placing Delta-8 THC vapes, gummies, tinctures, dabs and flowers on their homepage. As a result we saw a major drop in Delta-8 THC pricing and great deals, such as $12 Delta-8 THC vape cartridges became available to our subscribers.
Delta 8 THC is a compound that has been researched for quite 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 word got around about this minor 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 was itself legal. It was only prohibited in 8 states, those that banned the manufacture, use, and possession of Tetrahydrocannabinol AND all of its chemical analogues. So, unless specifically states, Delta-8 THC was legal, as per the 2018 Farm Bill.
Delta-8 THC 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 synthetic of THC (tetrahydrocannabinol)”, making DELTA 8 THC illegal under the U.S. drug scheduling act.
Companies are now scrambling to come up a plan B during a time when small businesses are already dealing with unprecedented challenges. Many people are surprised that this is what the government is focused on, during a global pandemic when the job market has been essentially destroyed and civil unrest abounds in the streets of most major U.S. cities.
Now, finally, new regulations have arrived and they first attack the opportunity of ordering Delta-8 THC online, by banning mail orders of vape products (in-fact, these orders went against nicotine vape products, buy they also banned cbd and Delta-8 THC vape products).
As most of Delta-8 THC products is ordered online, this is a major blow to the industry, as effective March 2021, people won’t be able to get their favorite product!
DEA’S Misinterpretation of the Farm Bill
Like usual, the DEA misinterpreted what was stated in the farm bill and used to push a law that, again, makes absolutely no sense. Specifically, the 2018 Farm Bill includes hemp-derived “cannabinoids” and “derivatives” in its definition of “hemp”.
Simplified (which is evidently needed when dealing with these agencies), 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.
Numerous sources define a chemical derivative as “a compound that is derived from a similar compound by a chemical reaction.” The following text is straight from section 10113 of the 2018 farm bill:
“The term ‘hemp’ means 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 National Hemp Association statement
In a statement by the National Hemp Association they have mentioned that
“The issue of D8 THC is not addressed at all in this document. While this may be viewed by some to be a go ahead for marketing D8 products derived from hemp, there is another argument that D8 may fall under the category of synthesized tetrahydrocannabonoids and remain a schedule I substance.“.
DELTA 8 THC illegal? Make your voice heard!
For now, this ruling making Delta 8 THC illegal is a stick in the wheel for any business owner who 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 obvious risks involved.
Thankfully, the ruling isn’t official yet and you can submit comments by clicking here and following the online instructions. Make sure to reference “RIN 1117-AB53/DOCKET No. DEA-500” on 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 there.
Companies sueing the DEA
Numerous major companies are now working with their lawyers to appeal this ruling. They believe this decision is not legal, so we will continue to update you as we learn more about the proceedings.
One of these companies is, who informed their clients that they are going to fight back:
“What the DEA is trying to do to delta 8 thc is illegal, and myself and a few companies are filiing a lawsuit.”
Unfortunately for them, they also had to stop selling all DELTA 8 products, and soon after they have made the following statement “It’s with great saddness, I have to say, in light of recent events the DEA implemented, under the advice of our 2 cannabis law firms, we are removing our delta 8 products from our site.”
In addition, they have advised their clients to be active and reach out to the DEA “We’ve been getting a lot of emails asking how our customers can help and the best thing to do is to make a public comment on this issue.”
We agree, now it is in your hands! To voice your opinion on this matter, click here.
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For updates on this case, and additional information about Delta-8 THC make sure to subscribe to the Delta-8 THC Weekly Newsletter, your source for all things relating to this now-controversial compound.
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