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The Law
The Agriculture Improvement Act of 2018/2018 Farm bill (CRPT-115hrpt1072.) officially amends "The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.)" definition of "Industrial hemp on page 429 (Subtitle G. SEC. 297A.) defining hemp as:
‘(1) HEMP.—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.'
SEC. 12619. CONFORMING CHANGES TO CONTROLLED SUBSTANCES ACT. (a) IN GENERAL.—Section 102(16) of the Controlled Substances Act (21 U.S.C. 802(16)) is amended— (1) by striking ‘‘(16) The’’ and inserting ‘‘(16)(A) Subject to subparagraph (B), the’’; and (2) by striking ‘‘Such term does not include the’’ and inserting the following: ‘‘(B) The term ‘marihuana’ does not include— ‘‘(i) hemp, as defined in section 297A of the Agricultural Marketing Act of 1946; or ‘‘(ii) the’’. (b) TETRAHYDROCANNABINOL.—Schedule I, as set forth in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)), is amended in subsection (c)(17) by inserting after ‘‘Tetrahydrocannabinols’’ the following: ‘‘, except for tetrahydrocannabinols in hemp (as defined under section 297A of the Agricultural Marketing Act of 1946)’’. And the Senate agree to the same.
As per this definition of hemp and declassification of tetrahydrocannabinol (THC) it contains this means that while a field test or similar may fail this shall not be considered or treated as 'marihuana, marijuana' or its variants. This law also protects all concentrations and derivatives of the hemp plant.
As with any quality vendor lab tests should be provided and carried by the consumer to further prove that this product is legal, along with carrying these lab tests the consumer and law enforcement should understand how to read them properly.
Key Points
As described above ONLY delta 9 THC is regulated - Highlighted in yellow is the percentage by weight of delta 9 THC which is 0.0508% - The federal limit is 0.3% leaving this flower well within compliance, an important thing to note is that the "Total THC" as shown on some labs (highlighted in red) IS NOT regulated in anyway and is inactive in the flower unlike delta 9. Please also note that any "LOQ" results are simply at the limit of quantification, this means it is below what they can test for and/or barely present.
Please also note hemp is not intended to be psychoactive or cause impairment. We still however urge you to use caution when operating machinery or vehicles.
Wrap Up
While hemp is completely legal state laws are always changing, we urge you to contact your local Department of Agriculture for the most up to date information on hemp regulation and to exercise extreme caution while carry or smoking in public, due to the nature of the product it is very easily mistakable.
Consumers or LEO should always feel free to contact us at 3budsllc@gmail.com, (570) 362-6095 or via our Contact Form with any questions or concerns they may have.
What is Delta 8 THC?
Before understanding legality we have to understand what Delta 8 THC is (Δ8 THC) - Delta 8 THC is a hemp derived isomer in the tetrahydrocannabinol family, Delta8 THC is chemically different from the well know Delta 9 THC commonly found in cannabis. Delta 8 varies by a few atomic bonds forming a new compound that is not nearly as psychotropic however offers its own benefits such as antiemetic, anxiolytic, appetite-stimulating, analgesic, and neuroprotective properties.
Delta 8 THC typically comes in a "Rose" or Clear distillate and can also be packaged into tinctures, vapes, and even edibles.
Now that we understand what Delta 8 is lets dive into the law and how this is legal.
The Law
The Agriculture Improvement Act of 2018/2018 Farm bill (CRPT-115hrpt1072.) officially amends "The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.)" definition of "Industrial hemp on page 429 (Subtitle G. SEC. 297A.) defining hemp as:
‘(1) HEMP.—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.'
SEC. 12619. CONFORMING CHANGES TO CONTROLLED SUBSTANCES ACT.
(a) IN GENERAL.—Section 102(16) of the Controlled Substances Act (21 U.S.C. 802(16)) is amended—
(1) by striking ‘‘(16) The’’ and inserting ‘‘(16)(A) Subject to subparagraph (B), the’’; and
(2) by striking ‘‘Such term does not include the’’ and inserting the following:
‘‘(B) The term ‘marihuana’ does not include—
‘‘(i) hemp, as defined in section 297A of the Agricultural Marketing Act of 1946; or
‘‘(ii) the’’. (b) TETRAHYDROCANNABINOL.—Schedule I, as set forth in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)), is amended in subsection
(c)(17) by inserting after ‘‘Tetrahydrocannabinols’’ the following: ‘‘, except for tetrahydrocannabinols in hemp (as defined under section 297A of the Agricultural Marketing Act of 1946)’’.
Want to look into it yourself? Click 'Here'
So what does all this mean?
Well lets quickly break it down, Essentially Hemp is defined as the Cannabis plant and all of its parts or derivatives/extracts/isomers which Delta 8 THC falls within as long as it contains less then 0.3% delta 9 THC.
This blankets the legality of Delta 8 THC as long as it is derived from hemp and not marijuana.
Some people may point out the DEA schedule list mentioning Delta 8 however in the extended description noted above (SEC. 12619) THC's in hemp are not included.
Now this is not saying that every state is legal, this is where it get's messy. There are quite a few states with stricter regulations then the federal farm bill that makes it illegal in those states.
Please keep in mind 3BUDS LLC is not a lawyer, we are not offering legal advice and will not take responsibility for any loses, seizures or other action taken on behalf of this product, read more about this here: Legal Disclaimer
Is Delta 8 legal in your state? Find out below! Click your state.
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming