For much of the 20th century, Marijuana prohibition was considered the most effective drug control strategy in the United States, despite widespread public opposition to the practice. This prohibition was based on the belief that it is impossible to use marijuana without getting addicted or developing mental health problems. This prohibition was also based on the belief that marijuana is  harmful to the user.

Delta-8 is a non-intoxicating cannabinoid (CBD) found in the cannabis plant. Delta-8 is not associated with the psychoactive variation, but is instead found in the plant’s flowers, and is non-psychoactive. It is produced in the same gland as THC, but it is not metabolized or broken down by the body’s endocannabinoid system. It is a non-psychoactive compound that can be used to treat pain, inflammation, and certain neurological conditions.

If you’ve been following developments, you already know that THC Delta-8 is causing some legal confusion in the United States: There are many ideas on this subject from all sides, but few have been officially confirmed. A recent article publishes a story that was misrepresented, but clarifies the situation (even if the authors of the article are wrong). The US federal government has added Delta-8 THC to its list of controlled substances, quietly but officially banning it. Editor’s comment: Delta-8 THC has been added to the DEA’s list of controlled substances, but the federal government has not yet made this change. That’s why the Delta-8 is still for sale and will be for a long time to come. This is a good option for you if you want to buy something with Delta-8. It can take a long time for the government to respond, which means you still have access to your favorite THC Delta 8 products. word-image-8706 Have you ever tried Delta 8 flowers?

A little history

Those of you who follow us already know this. Anyway, if you haven’t been here yet, here’s a little background on this whole fiasco and what the US government thinks of Delta-8 THC. First of all: What is material? Delta-8 is an isomer and natural analogue of delta-9 THC, the THC commonly associated with the cannabis plant. It is an isomer because it has exactly the same chemical structure but with a slightly different configuration of atoms, and an analogue because it is structurally and functionally almost identical to delta-9. Natural origin means that delta-8 occurs in nature. In fact, delta-9 oxidizes or loses electrons when it comes in contact with oxygen, forming a more stable compound. This more stable compound is almost identical except for one thing: the location of the carbon double bond. In delta-9 THC, it is located at the 9. Carbon atom in the chain, in delta-8 it is located at the 8th carbon atom. The reason Delta-8 has become a topic of conversation has to do with the passage of the 2018 US Farm Bill and the alleged loophole for the sale of legal THC. The Farm Bill legalized the cultivation of cannabis and the manufacture of cannabis products as long as the THC content (specifically delta-9 and its precursor, THCA) did not exceed 0.3% of the dry weight of the original plant. It was later clarified that this 0,3 % must be respected throughout the process and that exceeding this value is a violation of the law. This also applies to the final product. word-image-8707

Although the law technically defines THC as delta-9 THC, this does not exclude delta-8. And the reason is that delta-8 THC is an analogue of delta-9, and analogues have never been part of the definition of cannabis. Analogues are federally prohibited if they are analogues of a drug federally prohibited under the Controlled Substances Analogues Act of 1986. Delta-9 is prohibited as a Schedule I drug by the Controlled Substances Act of 1970. Delta-8 is included between those two Acts.

Something else that doesn’t fall under the definition of cannabis are synthetic substances, and that’s another problem with the Delta 8 loophole. Delta-8 occurs in nature, but it is so slowly oxidized from delta-9 that it must be incorporated into products by humans. This means that it is not only extracted, but also synthesized to some extent, which affects the definition of what is going on. If the aid to human processing is the manufacture of plastics, then Delta-8 cannot be legal. If the fact that it may occur in nature preserves it as non-synthetic, then it does not apply. The main problem with this classification is that it calls into question the safety of the treatment methods, leaving the consumer, in the absence of a regulatory structure, at the mercy of manufacturers looking to make a profit. No one is arguing that Delta-8 is inherently dangerous, and in fact, everything points (with the exception of potential treatment techniques) to it being one of the best cannabis options available.

US government response to Delta-8 at the state level

The confusion over this issue arose after the US government published a farm bill that put Delta-8 in the spotlight. The government first published the DEA’s Interim Final Rule and then the USDA’s Final Rule, neither of which clarifies whether human processing aids are synthetic substances, but both reaffirm that synthetic substances remain a prohibited Schedule I substance regardless of the definition of cannabis. Local authorities are more likely to make more serious statements. So far, 13 states have passed laws banning Delta-8 THC: Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, Rhode Island, Utah, and Vermont. The reason given by state governments is that Delta-8 must be synthesized. They go on to explain why this is a danger, as evidenced by the Colorado Department of Health releasing this statement supporting the idea that Delta-8 is a synthetic substance: …the modification or chemical alteration of natural cannabinoids in industrial hemp does not meet the legal definition of an industrial hemp product….. There is insufficient evidence to determine whether these reactions produce toxic or other harmful substances that may remain in regulated industrial hemp products ingested or used/applied by consumers ….. Therefore, these tetrahydrocannabinol isomers are not allowed in foods, food supplements and cosmetics. word-image-8708 Did the US government secretly ban delta-8 THC?

US federal government response to Delta-8

There is a sense that the US federal government has done nothing, or at least nothing that has made the headlines. The DEA and USDA have not defined what synthetic substances are, they have only reiterated that synthetic substances are prohibited. Nor has it taken any formal steps to prohibit or support a ban on the link. Don’t stop the manufacturers or suppliers, don’t stop the trade, don’t collect and don’t stop the customers. So the US federal government did nothing at all. That’s probably why some states have done it. But the government did something, and it wasn’t a small thing. A recent article (one of two that mentioned the drug) reported that the DEA, on 10… Mai has updated his Orange Book to include Delta-8 THC as a controlled substance, as another name for tetrahydrocannabinol. Tetrahydrocannabinols are illegal under the above laws and regulations. What is the Orange Book, and what does it mean? The Orange Book, officially known as Approved Drugs with Therapeutic Equivalence Evaluation, is a publication of the FDA (not the DEA) that lists FDA-approved drugs based on their safety and effectiveness. It also provides assessments of therapeutic equivalence of generic medicines and lists of patented medicines. There is no list of controlled substances and no mention of THC Delta-8. The list of controlled substances is maintained by the DEA, but has never been called the Orange Book.

What does this mean?

What the author of the article does get right (among a lot of misinformation) is that the name Delta-8 THC is now on page 17 of the DEA’s list of controlled substances as another name for tetrahydrocannabinol, which is regulated by Penal Code 7370, ending any discussion of legality. It should be noted that the Penal Code uses only the word tetrahydrocannabinol, but the list of controlled substances, which also refers to the relevant Penal Codes, contains updated language applicable to tetrahydrocannabinol. The author of the article dealing with this seems extremely confused by two separate publications by two separate government agencies unnecessarily applying the details of the Orange Book to the list of controlled substances. The Orange Book, for example, is not a law, but simply advice for prescribers. The list of controlled substances is the law. By conflating the two, the author claims that the addition of Delta-8 THC to the list of controlled substances is merely an opinion, when in fact it is the law. It is difficult to say whether this was due to a misunderstanding or some other reason. It’s not hard to see that the US federal government has made THC Delta-8 illegal. I cannot confirm when delta-8 will be added, as no official announcement has been made yet. The update probably took place in April, as evidenced by this article from a month ago, which seems to be the first mention of this update. (For an updated version, see the Department of Justice’s May List of Proposed Actions, Controlled Substances and Controlled Chemicals, pp. 8, 10 и 17). The article I just quoted was written by the same lawyer as the one in the first article I quoted as a source on this subject. To be clear, this lawyer also confused the FDA and the DEA by claiming that the list of controlled substances is not the law and that manufacturers and retailers are not committing a federal crime. In my opinion, this is a very dangerous story. The big question now is: Why did this happen so quietly?

It happened last month, and until I checked the lists myself, I didn’t know. There have been no announcements, no press releases and no articles written about it, except the two I quoted, in which all the information is incorrect. This has been kept secret because the US government has no intention of doing anything about it? Or will there be arrests soon? The manufacture or sale of Delta-8 has become a criminal offense because Delta-8 is now a Schedule I controlled substance. The fact that it happened so quietly and in so little light is unfortunate, but it doesn’t change some things.

Cannabis is currently being fully legalized. Moreover, waging a war on drugs is incredibly expensive. And this drug problem doesn’t have the number of deaths to shake up the public. It will likely be a losing battle for the industry as a whole, but that doesn’t mean individual manufacturers and retailers won’t feel the pain. It is not yet clear how the US government is going to deal with this problem, but it has already started in a strange way by putting it on the list of controlled substances, without making any public statement about it. Those interested or cynical can check out the attached links to see for themselves.

Supplement

Not all news is front page news. And not all news is well written. For some reason the US government has banned THC Delta-8 without saying anything about it, or for the reason that two news channels have clearly misinformation about it, it looks like the truth about this will be some time coming. But at least there is finally an answer to a question that has caused much confusion. By adding Delta-8 THC to the list of controlled substances (see page 17) as an alternative name for tetrahydrocannabinol, the U.S. government has placed Delta-8 THC under the regulation of Penal Code 7370, putting Delta-8 on par with Delta-9 THC, which is 100% federally prohibited, except for substances that meet the definition of cannabis. If anyone has questions or concerns about this information, please review the attached list of controlled substances, Penal Code 7370 and other attached legal documents. Hello! Welcome to CBDtesters.co, where you can find the best and latest cannabis news from around the world. Come back daily to keep up to date with the rapidly changing world of legal cannabis, and sign up for our newsletter to stay informed.

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