Delta 8 THC Featured

Effective Immediately – Most Delta 8 THC Is Now ILLEGAL in The United States

DELTA 8 THC illegal
Written by Alexandra Hicks

Until now, Delta-8 Tetrahydrocannabinol (Delta-8 THC) has fallen into a legal grey area unless expressly prohibited at the state level. As of today, August 21, 2020, most Delta-8 is illegal in the United States.

DELTA 8 THC illegal! It was long-anticipated and according to the most recent DEA (Drug Enforcement Agency) Interim Final Ruling, effective today, 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.

*** UPDATE: DELTA 8 THC PRODUCTS ARE STILL AVAILABLE AS SEVERAL BIG COMPANIES CONTINUE TO SELL THEM. IN ADDITION, AT LEAST ONE BIG SUPPLIER ANNOUNCED IT IS SUEING THE DEA.

AS A RESULT DELTA 8 THC PRODUCTS ARE STILL AVAILABLE ONLINE!

To learn which websites still offer DELTA 8 THC products, subscribe HERE to the DELTA 8 WEEKLY newsletter!



Background

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.

Free sample of top-shelf hemp flower

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 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.

What is Delta-8 THC? All Your Questions, Answered!

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.


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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.”

Free sample of top-shelf hemp flower

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 Hempire Direct, 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.

Looking for DELTA 8 THC products?
subscribe to the DELTA 8 WEEKLY newsletter for the list of available products!

DELTA 8 THC Products Still Available Online; Companies Suing The DEA


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.

To learn more about Delta 8 Business Opportunities & latets Medical Cannabis news, subscribe to the Medical Cannabis Weekly Newsletter.

RESOURCES:

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 it before opening a DELTA 8 THC business)
DELTA 8 THC Legal loophole (Explains the legal background of the DELTA-8 THC business opportunity)
DELTA 8 THC Testimonials (What people have to say about DELTA-8 THC)
DELTA 8 THC Vape Cartridges (Product review)
DELTA 8 THC Softgels (Produuct review)

DELTA 8 THC Legal Paper
DELTA 8 THC Newsletter (The DELTA 8 THC Weekly Newsletter)

The CBD Flowers Weekly newsletter (your top resource for all things smokable hemp flowers)
The Medical Cannabis Weekly newsletter (International medical cannabis business report)
DELTA 8 THC products restored after companies sueing the DEA
Synthetic Cannabinoids (Are they synthetic cannabinoids safe?)
The Endocannabinoid System Explained (Why Cannabis Is Good for Our Bodies)
Everything You Need To Know About CBD Isolate (a deep look into hemp extracts)
Your Complete Guide to EU GMP-Certified CBD Isolate and Distillate – Spotlight on the regulated EU market






About the author

Alexandra Hicks

Alexandra is the managing editor at CBD Testers. She has always been interested in alternative and natural remedies, and the versatility of cannabis as a healing plant is something that greatly appeals to her. It's for this reason that she decided to work as a cannabis industry journalist and editor, to help spread accurate information about the benefits of this plant.

1 Comment

  • Hey, this is John Lasheras here. I sent in a comment to the DEA and I hope everyone out there reading this does as well.

    Here is what I sent:

    Your comment may be viewable on Regulations.gov once the agency has reviewed it. This process is dependent on agency public submission policies/procedures and processing times. Use your tracking number to find out the status of your comment.

    Agency: Drug Enforcement Administration (DEA)
    Document Type: Rulemaking
    Title: Implementation of the Agriculture Improvement Act of 2018
    Document ID: DEA_FRDOC_0001-0291
    Comment:
    RIN 1117-AB53/DOCKET No. DEA-500

    This interim final ruling should be overturned at the Drug Enforcement Administration. It bears no relevancy to the initial intentions of the federal farm bill nor does it solve the problem of unregulated THC purchasing and consumption. Delta 8 THC should not be provisioned underneath the initial premises of the farm bill, wherein executive guidelines stipulate that Delta 9 THC and analogues of such are only the preeminent focus. Delta 8 THC is a different chemical, molecule and synthetically derived compound from CBD which does not violate the initial farm bill.

    This interim ruling should be an act of Congress or left up to the Courts to decide whether or not Delta 8 THC qualifies as a tetrohydrocannbinol analog, The DEA is overreaching in its emergency scheduling policy and Delta 8 THC provides an interesting opportunity for vendors, customers and safe consumers of substances to get supplies of the substance while avoiding unnecessary risk and danger from the fear of illegality or for looming illegality.

    Prices have doubled as vendors are trying to clear their supply and this can only lead to worse outcomes for individuals, especially those in low income communities that are crime ridden and risk averse to live in.

    As an addendum to these arguments, I am proposing that all cannabinoids, cannabis products, including but not limited to, cannabis plant material, cannabis oil, resin and cannabis extracts, should be legalized via an immediate ruling and emergency descheduling of cannabis, THC compounds, analogues thereof off of Schedule I and unscheduled like Alcohol. Vendors should be left up to the responsibility of age verification along with other government bodies to regulate consumption of cannabis and psychoactive substances thereof.

    Tetrohydrocannabivarin is not federally scheduled and also produces psychoactive effects, albeit weaker than Delta 8 THC. This emergency scheduling is not all encompassing if its goal is to rid the legality of psychoactive THC compounds from the market and for consumer usage.

    Officials in the Drug Enforcement Administration, I ask of you not to emergency schedule Delta 8 THC or cannabinoids derived from hemp which are safe, efficacous and cheap to produce as they are critical boons to the marijuana industry as well. The mairjuana industry in many states where it is legalized provide large tax revenues, reduce crime, reduce consumption rates and is vital for patients who consume medical marijuana.

    Recreationally, legalized marijuana can provide economic stimulus, promote safer consumption methods and reduce drug related crimes. With just the prerequisite of licensure, the DEA could amend in its own ruling the descheduling of these psychoactive substances to be properly regulated in interstate commerce.

    The unscheduling of Marijuana, Cannabis based products, hemp derived THC from CBD may be too lofty of a goal to be met with large resistance, but two options are available in my opinion. Please either do not make any THC derived from CBD a scheduled substance and leave regulatory practice to the market (wherein many vendors do a good job in age verification already) or to legalize all cannabis based products via an emergency unscheduling, which I think is too lofty and unreasonable.

    Sincerely,

    John Lasheras

    RIN 1117-AB53/DOCKET No. DEA-500

    Uploaded File(s):
    No files uploaded

    This information will appear on Regulations.gov:
    First Name: John
    Last Name: Lasheras

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