RIP Delta-8 THC-Canna Law Blog™
Delta-8 THC works well. People make money, customers are happy, and everything seems legal. Like all the good things in life, the states and DEA are doing everything they can to ensure that the operation of delta-8 ends. Let us talk about why.
For those who may not pay attention, delta-8 is one of the many cannabinoids in the cannabis (cannabis and marijuana) plant. Unlike CBD, it makes you high. It is usually not found in large amounts in hemp, so it is usually converted from hemp CBD through a chemical process and cannot be legally extracted from hemp under federal law.
In theory (or more accurately, according to the literal meaning of the Federal Farm Act of 2018, if you care about small details such as “what is the actual law”), according to current federal law, hemp-derived delta- 8 THC should be considered legal. But DEA apparently did not get the memo.
At the end of last year, the DEA issued the Interim Final Rule (IFR), which stipulates that all synthetic cannabinoids are Schedule I drugs and are illegal drugs. It doesn’t matter, delta-8 is most commonly found in cannabis plants, and the 2018 Farm Bill legalized cannabis and its derivatives because the DEA apparently considers it as dangerous as heroin. We wrote a lot about why DEA was just wrong when IFR was released, and we usually support this view. Please refer to the following:
Surprisingly, DEA does not align with the entire industry. It even in its “Orange bookControlled substances”. As my colleague Nathalie Bougenies did recently, I will not go into too much detail on the status of Federal Delta Law No. 8 that months ago.
That said, I want to point out that there are many lawsuits that challenge IFR.One of the cases is the recent Be fired Based on the fundamental technical and legal issues, another challenge in the federal appeals course will soon be resolved.
The problem here is that even if the IFR is completely overthrown, it doesn’t matter, considering the states are clearly banning delta-8 secret competitions as quickly as possible. On May 18th, “Hemp Industry Daily” published an article note Michigan is in the process of banning Delta 8, and finally pointed out that this is the twelfth state, including friendly states such as super cannabis, such as Colorado with Kentucky.I can already feel that the California Department of Public Health is eager to publish another website FAQ Prohibit delta-8.
When lawyers bravely compared it with DEA ??in DC circuits, people have to ask: Does it really do anything? If states ban delta-8, it does not matter whether or not IFR is cancelled. As far as states’ positions are based on IFR, the state can always find another reason to ban delta-8. Moreover, DEA can always find another way to get the teeth into delta-8.
How did we get here? Why all the fuss? The answer may be the intoxicating fact of delta-8. Although it is not as intoxicating as delta-9 THC, it still makes you exorbitant. As I have believed for a while, the states will never sit down and let people sell delta-8 without restrictions. For example, Delta-8 is usually sold online or in a retail environment, and there is no legal age requirement for the state or federal government. This is not something that the country tolerates for a long time.
I personally would like to see states start to impose regulatory restrictions instead of bans, but here we are. It seems that one or two other states ban the use of delta-8 every day.Just last year, we thought No smoking marijuana Almost comprehensive, these bans are at a brisk pace on a par with the actions taken by the country at the speed of light to get rid of delta-8.
At this point, things are not good for the industry as a whole and may get worse (if at all) before they get better. Of course, once the air is cleared or the DEA is lost, the states will try to fill the vacuum by strictly adjusting delta-8. But for now, we just need to beware of which state will jump in the next ban.