this post was submitted on 21 Oct 2024
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My very not-legal-advice, probably missing details summary is that the way the Farm Bill was originally written was to outlaw hemp-derived Delta-9 THC over 0.3% by weight. So long as the total amount of D9 THC derived from otherwise legal hemp in anything is less than 0.3% by total weight of the product, it's legal. In order to stay under that limit, all you need to do is make sure your 5mg gummy weighs more than ~167mg or so, which isn't difficult.
Joining the “IANAL” and “YMMV”: The big catch here is that at no point in the production process can it have over 0.3% by weight, so you can’t just add a concentrate to the item if the concentrate is over 0.3%.
There's a whole thing about whats THC and what counts as processing. DEA went to the courts to try to get all THC lumped equally. Courts replied that thca and Delta 9 are not the same thing and that the farm bill means what it says when it limits Delta 9 in products and limits total THC 30 days prior to processing. Then there's the question of whether processing means harvesting or whether processing means growing and when that limit actually applies. Rod Kight is a cannabis lawyer that has some articles on it. https://cannabusiness.law/about/rod-kight-international-hemp-cannabis-business-law-attorney/
I wasn't aware of that. Thanks for the info!