Under 0.3% THC by net weight

Under 0.3% THC by net weight – The largest drug law loophole in history

There shouldn’t be a third article in the two-part series on “Delta-8 THC from hemp” and, like in the cannabis space, a civil war between the “hemp guys with Delta-8 and 9 from hemp” and the “regular marijuana guys with “real Holyfield THC weed”.

But as with any sequel, more information has come to light to make this groundbreaking two-part reveal on delta-8 and delta-9 THC a full-fledged trilogy.

If you haven’t read the first two parts on the development of hemp-based cannabinoids legal under the Farm Act of 2018, including delta-8-THC and even delta-9-THC, then you need to read them first.

The first track is titled “The Marijuana Industry Is Dead” and balances the development of Delta-8 THC with Prince’s famous 2010 quote that the internet is dead with the development of app stores.

The follow-up article, titled “D8 vs. D9 – The Cannabis Industry’s Civil War,” was a follow-up article that explained the changes, particularly the nano-emulsion process now used to downsize hemp cannabinoids to obtain them in soda- and seltzer form. This “shrinking” of the THC molecule to 20ng-50ng allows the molecule to enter the bloodstream directly, reducing the activation time and increasing the effects by 10 times that of standard delta-8 THC. So getting really high off hemp is now a real thing and deadly to the marijuana crop industry.

In the first two parts, we covered whether the Delta-8 molecule was actually legal and how the new method of delivery transformed the entire hemp cannabis industry. The second article covered how liquid was also a game changer due to its density and heaviness compared to dry bud or foliage. “0.3% THC or less to qualify as hemp” allows the new weight levels to dramatically increase THC levels, even staying well below the 0.3% legal requirement.

But wait, isn’t that 0.3% or less THC based on flower dry weight? A can of seltzer or lemonade with hemp in it is far from being a dried flower.

Keep in mind that hemp and all of its components up to this point have been legalized under the Farm Act of 2018. Second, the nano-emulsion process, which shrinks the molecule to go directly into the bloodstream, changed the game to “get high off hemp.” Delta-8 went from “kinda, kinda high, I think I feel it” to “Holy Moly, I’m stoned to be Jesus”. As Delta-8 companies begin to introduce hemp-derived Delta-9 THC products, how can this be legal? Delta-9 is the real THC that is banned by the federal government.

Cannabis, as defined by federal law, is anything over 0.3% Delta-9 THC by product weight. THC, derived from hemp and tested at 0.009% in some Delta 9 drinks, is 33x below the legal limit. Most of the biggest Delta 8 and Delta 9 brands are making these kinds of calculations with edibles across the country now, but liquids like seltzer and sodas can get away with more because it’s in a 12 oz. drink compared to a 4-6 gram gum is . So now you understand the importance of liquid weight and nanoemulsion technology. It made hemp, marijuana basically.

Federal law permits the sale of hemp products that contain less than 0.3% delta-9 THC by weight. This rule applies to all hemp products as there are no subcategories like edibles, beverages, vapes, etc. You can go to any head shop in North America outside of the states that have banned hemp-derived Delta-8 or 9. and you will see Delta 9 products on store shelves everywhere. But these hemp-derived Delta-9 products only contain a few milligrams of THC because they’re found in lighter-weight products like gummies.

Regarding the 0.3% dry weight question that anti-hemp protagonists cite, the best reference for this debate is regarding the FDA’s and DEA’s stance on this issue in relation to gummy bear consumption or drinking of a liquid this article: “Hemp Extracts: The Dry Weight Problem”, published in January 2021, which covers this topic in detail. The conclusion at the time was that liquids need to be measured differently than dry extract. See page 4 for the specific formula used. Since then, the DEA has established a standard that gives its registered laboratories the ability to deduct by volume.

Note the last page of the report, which states that the FDA must adopt a volume-based unit of measure for liquids. That was 18 months ago, and while the FDA has yet to adopt standards, the DEA has set its own standards that all of its registered labs must comply with. These standards are 0.3% or less THC.

What does it all mean? This means that there is currently no standard in the books to differentiate 0.3% THC by weight between dried flower, liquid or gummies. DEA standards are favorable for liquids, stating that they must be below 0.3% THC to be considered legal.

Delta-8’s legality has withstood federal challenges, and by this time all federal panels and judges have ruled that the Delta-8 hemp-derived molecule is legal. All of the ingredients come from the legalized hemp plant, so what can be illegal about this concoction?

This is important to the hemp industry as it sets a precedent in the CYA or Cover Your A$$ scenario. If you were dragged into federal court for selling hemp-derived Delta-8 or even Delta-9, the federal judge would have to “overrule” the other 3 cases and make decisions that Delta-8 and Delta-9 are subject to 0.3% illegal. Not impossible, but not likely either.

Much of the legal marijuana industry has their heads in the sand over this new industry, or they have their fingers in their ears chanting “la la la” and just hoping it goes away.

I was on a recent show on the subject and was arguing with a “real marijuana guy” who called me short-sighted and almost foolish for thinking Delta8 and hemp-derived Delta-9 mattered. It was a fad, a short-term window until the real deal stuff was legal.

I said, “That’s exactly what I thought before I researched and read up on the subject in depth. I used those exact lines in our first article on what I think the delta-8 THC market is all about.”

Some people in the marijuana industry, like the band currently playing on the Titanic, are unable to foresee a future where hundreds of millions of people get high, sleep well, or lose weight with hemp-based beverages containing delta. 8 or delta-9 cannabinoids.

These sodas and seltzer are legal, shipped across the country right now, get people super high, and are sold in convenience stores, liquor stores, bodegas, and mini-marts.

Who needs pharmacies when you can now sell this stuff to millions of retail outlets?

Who needs marijuana plant THC when it’s more restricted, more expensive for the consumer, and harder to come by?

Remember, every consumer survey of marijuana users says 3 things matter to the consumer. Sorry branding guys, but your fonts and colors don’t mean they’re squat, according to consumer data. All consumers care about is the price, the desired result, and how far or how difficult it was to get the product. They don’t remember colors, boxes, names, how much it cost, if it worked well and how far or long I have to go to get it. Why is this important in the hemp delta 8 scorecard versus marijuana?

Create a future scorecard between Delta 8 and Delta 9 hemp-infused products. How much is each Hemp is cheaper and easier to obtain. Winner hemp, one point. Did it work well? Hemp Delta 8 drinks at 30 mg are identical to consuming a 10 to 15 mg cannabis edible. The high is so similar that regular cannabis users should do a “taste test” or “high test” to see if they can tell the difference. Delta-9 THC from hemp is actually the same Delta-9 molecule that you enjoy in regular cannabis, so it’s actually identical! We call this area a “push” or half point for hemp and marijuana, both of which are almost identical unless you’re a true weed connoisseur. Accessibility? Hemp Delta products are sold in liquor stores, convenience stores, pharmacies, bodegas, and almost anywhere you can purchase cigarettes or alcohol. Winner hemp products can be legal anywhere, while marijuana is still a “dispensary only thing.”

So even if you’re not passionate about one side or the other of this debate, you can see that consumer data shows hemp-infused products outperform regular cannabis products by 2.5 to 0.5 points. That is enormous, because in the end what counts is what consumers want and pay for.

Want to know why cannabis prices are falling like a rock? Why is a pound of cannabis now under $122 in Michigan? The simple answer is that we see market saturation between the illegal and legal markets. While this is definitely true, don’t count “legal hemp-infused products” as just another venue that’s siphoning dollars off the marijuana industry. For every person who orders a case of Delta-8 or Delta-9-infused soda or seltzer or gummies, that’s one fewer order of marijuana product or flower. Because hemp products can be shipped via US Mail, UPS, FedEx, and have passed federal inspection, the consumer is open to them.

Could Delta-8 and hemp-derived Delta-9 grow so big that it could force marijuana legalization?

wait what

Remember that legalizing cannabis at the federal level is all about money, just like anything else. There are many parties in the marijuana industry that do NOT want state legalization, they like the MSO idea and state “moats” to keep profits higher and less competition in space. What if this model of protectionism is no longer viable and MSOs and all licensed cannabis growers and distributors are pushing hard for federal legalization? If hemp products can get a big enough piece of the pie when the market is less restrictive, will the restricted people actually want legalization so they can compete with hemp products? Could hemp products clean the marijuana product clock to the point where MSOs are asking for legalization so they can compete with Delta 8 and 9 hemp products being shipped to consumers’ doorsteps?

What if the hemp industry gets 200 million people super high before the marijuana industry is legalized nationwide and can reach those people? Why switch to the more expensive, federally illegal one when this version works well and is cheaper?

If you’re in the industry and think this is all Poppycock and a “quick gimmick” market, I want to leave you with a business-changing thought.

Thanks to the 2018 Farm Bill, some scientists, and a vaguely written federal law, hemp can now get you really high.

Keep this in mind as you fall asleep tonight.

Legal hemp can get you really, really high.

READ THE SERIES PARTS 1 AND 2 BELOW…

THE MARIJUANA INDUSTRY IS DEAD – HEMP GETS YOU HIGH!

OR..

D8 VS. D9 – THE CIVIL WAR THAT ROCKS THE CANNABIS INDUSTRY!