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Sen. Roland Gutierrez and Rep. Joe Moody recently filed bills that would regulate, tax, and legalize personal cannabis usage. Another potential bill would protect individuals from criminal prosecution for marijuana possession if they believed the substance to be legal hemp. Two-thirds of Americans are now in favor of marijuana legalization, according to a Pew Research Center survey last year.
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True synthetic cannabinoids are exclusively created in laboratories using only laboratory chemicals. The DEA’s rule doesn’t clearly define what it means by “synthetically-derived”, opening it up to interpretation and a whole lot of confusion, especially from cannabis brands currently selling delta-8 THC products in Texas and beyond. Recently, delta-8 THC’s legality in the state of Texas was hanging in the balance. State lawmakers attempted to brazenly ban delta-8 within an inch of its life, causing uproar in the Texan cannabis community. According to the DSHS website, delta-8 in all concentrations and delta-9 above 0.3% are now controlled substances under Texas’ Controlled Substances Act.
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There is serious suspicion among cardiologists, spurring research but falling short of definitive proof, that cannabis use has the potential to contribute to cardiovascular disease. Cannabis is believed to be an aggravating factor in rare cases of arteritis, a serious condition that in some cases leads to amputation. It is the most commonly used illegal drug in the world, though it is legal in some jurisdictions, with the highest use among adults in Zambia, the United States, Canada, and Nigeria.
Like federal law, Alabama specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC. Delta 8 supplements are a new class of products that are rapidly flooding the hemp market. While you may see them sold from brands that also sell CBD, these products create a very distinct sensation. Consumers that try Delta 8 feel stoned, making this more like psychoactive cannabis (“marijuana”) than CBD. This cannabinoid offers a very similar set of perceptual effects as delta 9 THC from marijuana — but it’s legal in 33 states — 12 of which ban the more common delta 9 THC isomer. The thing to remember about THC is that it actually starts as THCA which is a non-psychoactive molecule.
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I think that despite the DEA emphasizing this as a schedule 1 substance, the state laws will have to be the ones to catch up, considering that MJ is still federally a schedule 1. Blanket solution would be to federally ban shipment of it but that could effect CBD since law makers often have a limited understanding of the industry in the first place. You, like many other attorneys who are opining on the D-8 issue, are missing a major component of the CSA that is extremely relevant here. The DEA created the Federal Analogue Act, 21 U.S.C. § 813 for issues just like this. How D-8 is arrived at is really irrelevant in this case as it is “substantially similar” to D-9 THC in both form and effect.
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In recent months, local news outlets have been carrying stories about shops that typically peddle products like CBD being targeted by police for carrying Delta 8. However, when presented with paperwork stating the legality of Delta 8, they often leave with only confiscating the seemingly illicit plant products without attempting any arrests. If you want a wide product selection available at hand, you’ll need to move to a state with legal adult-use dispensaries. Don’t look down on your dealer when they have only one strain available at a time, or if the quality of their weed isn’t close to what you’ve tried in LA. Much like nearly everything else pertaining to cannabis, different locations have their own specifications.
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