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So Long for THCA Products

Canna Law Blog

Ever since Congress passed the Agricultural Improvements Act of 2018 (or 2018 Farm Bill ), people have tried to find creative ways to sell intoxicating hemp-derived products. According to the DEA , if hemp or its derivatives contain levels of THC in excess of 0.3%, they are considered marijuana. delta-9 tetrahydrocannabinol (THC).

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California Delta-8 THC operator wins 4th copyright battle in a row

Cannabis Law Report

The rationale behind this ruling has roots in the 2018 Farm Bill (also known as the Agriculture Improvement Act of 2018)—or, more specifically, what was left out of the 2018 Farm Bill. What about state laws banning delta-8? The Ninth Circuit’s ruling does not change state laws that prohibit or otherwise regulate delta-8.

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Is Transporting Hemp Really Worth the Risk?

Canna Law Blog

The US Department of Agriculture (USDA) didn’t create hemp regulations until late 2019 and only approved its first hemp plans at the very end of 2019, so the protections on interstate transport arguably didn’t kick in until the first harvests by cultivators operating under those plans.

Hemp 98
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FDA CBD Regulations Are On the Way (Sorta)

Canna Law Blog

Until recently, CBD resided in a legal penumbra where hemp was still scheduled on the federal Controlled Substances Act and could not be cultivated without a permit from the Drug Enforcement Administration (“DEA”). Accordingly, the FDA routinely sent out enforcement letters to a variety of CBD retailers. 2018 Farm Bill.

CBD 75
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Is Delta-8 THC a Controlled Substance? Yes. No. Maybe. – Cannabis Business Executive

SpeedWeed

Although all hemp-derived cannabinoids, including hemp-derived Delta-8 THC, seem to fall squarely within the definition of hemp enacted under the Agriculture Improvement Act of 2018 (the “ 2018 Farm Bill”) , uncertainties remain regarding the federal legality of cannabinoids like Delta-8 THC that are derivatives of other hemp-derived cannabinoids.

THC 52
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Hemp CBD Across State Lines: North Carolina

Canna Law Blog

The Agriculture Improvement Act of 2018 (“ 2018 Farm Bill ”) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (“CSA”) and by providing a detailed framework for the cultivation of hemp. Today we turn to North Carolina. The Commission’s letter is worth reading.

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That Ninth Circuit Delta-8 Opinion and What’s Followed – It’s Not a Green Light for Intoxicating Hemp

Cannabis Law Report

The debate surrounding delta-8 THC and the proper regulation of intoxicating hemp products has accelerated greatly over the last several months, fueled by multiple court decisions, federal policy actions, and new state laws. Not least of which is last May’s decision in AK Futures LLC v. Distro, LLC , No. May 19, 2022). delta-9 THC.

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