>>12320915I already explained it, but I can go over it again in more detail.
"Hemp" is defined as anything cannabis-derived, including cannabinoids extracts, "with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis." Great, so any concentration of delta-8-THC extract is hemp.
The redefinition of THC to exclude hemp from the Controlled Substances Act, effectively redefines THC to only mean anything with a delta-9 tetrahydrocannabinol concentration of more than 0.3 percent on a dry weight basis. Great, so delta-8-THC is not a controlled substance.
But we have the Federal Analogue Act.
>the term controlled substance analogue means a substance ->(i) the chemical structure of which is substantially similar to the chemical structure of a controlled substance in schedule I or II;>(ii) which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II; or>(iii) with respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II.... and, finally, to make it really clear
>Such term does not include ->(i) a controlled substance;As we just established, delta-8-THC is no longer a controlled substance. But it is an analogue. It is illegal as an analogue. The changes the Farm Bill made did not legalize consumption of delta-8-THC.
