The argument is: Because it can be produced from hemp, it is legal as long as it has less than .3% delta 9 thc.
The problems:
- The DEA explicitly names delta 8 as a controlled substance;
- The delta 8 in the market isn’t being extracted, it’s being synthesized.
- Delta 8 is almost never produced with below .3% delta 9;
- The synthesis of delta 8 can produce other compounds that could, in theory, hurt somebody. There are people who’d love a chance to push back against legalization, and bootleg delta 8 could be the next big problem with vape pens.
I’m sure there’s other considerations, but regardless of whether we believe it’s legal, the dea will do what they want.
I’d expect they’ll be raiding large facilities in illegal states this year coming up.
