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What is the Reasoning Behind Successful D8 Bans?

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They say that a lie gets halfway around the world before the truth has a chance to get its pants on. Well, not to say that Delta-8 is a hoax, sufficient scientific evidence exists to prove otherwise. In any case, it measures up to the potential of “nobler” cannabinoids.

That said, some states have been cracking down on this delta-9 isomer and have been doing so successfully. The US hemp round table seems to be fuelling this agenda that forebodes a not-so-good future for D8 sales. If you are late to join the conversation, here is a brief overview of why an increasing number of states succeed at putting a stop to the once successful D8 runs.

D8 is one of the many phytocannabinoids found in the cannabis Sativa L. species (hemp and cannabis), for starters. Like other delta cannabinoids, D8 is a psychoactive molecule and will cause euphoria. However, it is only found in small amounts in raw cannabis. Consequently, most manufacturers will make D8 by subjecting hemp-derived CBD through some chemical processes.

That’s where the catch is.

Because hemp is federally legal, it should also follow that hemp-derived D8 (from CBD) should be legal, right?

The DEA does not think so.

According to the DEA interim final rule (IFR), “for synthetically derived tetrahydrocannabinol, the concentration of D9 -THC is not a determining factor in whether the material is a controlled substance. Synthetic delta-tetrahydrocannabinol is therefore classified as a schedule I controlled substance.

Going by this, “legal” Delta 8 remains a schedule 1 substance in the eyes of the DEA and therefore illegal. Most states have used this premise to ban the sale of D8 products that have been created synthetically from hemp-derived CBD.

So far, 14 states have successfully managed to stop the sale of D8 products on the premise of DEA’s IFR. They include Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Kentucky, Mississippi, Montana, New York, Rhode Island, Vermont, and Utah. Hemp-friendly states including Colorado and Kentucky may soon join this number.

Several lawsuits have been fronted to challenge the IFR as this may infringe on the liberties granted by the 2018 Farm Bill.

The options are two: The DEA loses, D8 is declared legal, the DEA wins, and D8 is completely kicked into oblivion. Meanwhile, we can anticipate seeing which states will be banning D8 next!

Lydia K. (Bsc. RN) is a cannabis writer, which, considering where you’re reading this, makes perfect sense. Currently, she is a regular writer for Mace Media. In the past, she has written for MyBud, RX Leaf & Dine Magazine (Canada), CBDShopy (UK) and Cannavalate & Pharmadiol (Australia). She is best known for writing epic news articles and medical pieces. Occasionally, she deviates from news and science and creates humorous articles. And boy doesn't she love that! She equally enjoys ice cream, as should all right-thinking people.