Concentrates DEA Definition State Laws 
Canna Law Blog
JUNE 15, 2023
According to the DEA , if hemp or its derivatives contain levels of THC in excess of 0.3%, they are considered marijuana. While THCA itself is not referred to in the federal definitions of marijuana or hemp, it nevertheless plays an essential role in the determination of a products status as legal or illegal because of the conversion to THC.
Cannabis Law Report
AUGUST 23, 2022
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. The Ninth Circuit Finds That the Definition of Hemp Turns on Delta-9 THC Concentration.
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Canna Law Blog
SEPTEMBER 29, 2023
Conflict preemption is a doctrine that finds a state law invalid if it contradicts federal law – i.e., when it is impossible to comply with both state and federal law. Imagine a state law that said you did not have to comply with a federal law. So according to DEA, delta-8 is illegal.
SpeedWeed
APRIL 27, 2021
D-8 is legal federally, and most state laws don’t specifically address it. It’s definitely exploded,” she told Leafly. There’s big enthusiasm [for Delta-8] in the Southeastern states, the Carolinas, the Dakotas, Texas, anywhere…where people can’t get high legally.”. States already closing loopholes.
SpeedWeed
MARCH 11, 2021
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.
Canna Law Blog
SEPTEMBER 29, 2023
Conflict preemption is a doctrine that finds a state law invalid if it contradicts federal law – i.e., when it is impossible to comply with both state and federal law. Imagine a state law that said you did not have to comply with a federal law. So according to DEA, delta-8 is illegal.
Cannabis Law Report
JULY 26, 2021
There is no federal definition for synthetic derivatives, which has created quite a bit of confusion over the federal legality of Delta-8. Recall the National Cancer Institute’s definition describing Delta-8 as an analogue of THC with properties that affect the central nervous system where it is processed.
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