The 2018 Farm Bill legalized “Hemp,” defining it as “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.” The .3% delta-9 THC threshold distinguishes Hemp from Marijuana, which remains a federally unlawful Schedule I controlled substance, based on the psychoactive effect of delta-9 THC. Congress determined that the psychoactive effects of delta-9 THC at greater than .3% on a dry weight basis warranted the ongoing federal prohibition of cannabis products containing delta-9 THC at those levels.
Today, consumers can walk into convenience stores, gas stations, and the like, or shop online, and purchase an array of cannabis products that have the same psychoactive effects as delta-9 THC in federally unlawful Marijuana, i.e., delta-9 THC at greater than .3% on a dry weight basis, but, because they were manufactured using “derivatives, extracts, cannabinoids, isomers” found in Hemp, their manufacturers claim they are legal. These products, which contain delta-8 THC, delta-10 THC, and other chemical compouds, are the result of chemical processes that convert the Hemp “derivatives, extracts, cannabinoids, isomers” into compounds that are the functional equivalent of the delta-9 THC in federally unlawful Marijuana.
As one delta-8 THC manufacturer advertises its gummies,
Our Delta-8 gummies provide users with a more clear-headed effect, making it a popular choice for those who want to enjoy the benefits of cannabinoids while still maintaining focus and productivity. Compared to Delta-9, the effects are typically much more subtle, but will still vary from person to person depending on your experience level. Delta-8 gummies will produce feelings of euphoria and relaxation, so start small if you are new to this amazing cannabinoid! [https://hometownhero.com/c/delta-8-gummies]
Manufacturers of delta-8 products like Hometown Hero are taking advantage of what they perceive to be a loophole in the 2018 Farm Bill that they believe does not prohibit the conversion of the “derivatives, extracts, cannabinoids, isomers” in Hemp into an intoxicating compound. Based on that perceived loophole, they manufacture and sell their HSIs without regulations ensuring their safety, neither as to the intoxicating effects or any of the other chemicals used to make their products. This is in contrast to the state-by-state regulation of adult-use and medical marijuana that ensures the safety of delta-9 THC in state-legal Marijuana.
Ask yourself, did Congress really intend to legalize intoxicating compounds created from Hemp “derivatives, extracts, cannabinoids, isomers” that are functionally equivalent to the delta-9 THC in Marijuana, but nonetheless maintain the federal prohibition on delta-9 THC in Marijuana? Of course not. The .3% delta-9 THC distinction between Hemp and Marijuana is about psychoactive effect, not about a particular chemical.
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