This ruling confirms that products distributed by Black Tie CBD are not controlled substances as long as their delta-9 THC concentrations do not exceed 0.3% on a dry weight basis. The definition of “marihuana” continues to state that “all parts of the plant Cannabis Sativa L.” and “every compound manufacture, salt, derivative, mixture, or preparation of such plant,” are Schedule I controlled substances unless they meet the definition of “hemp” by falling below the 0.3% delta-9 THC limit on a dry weight basis. In order to meet the definition of “hemp”, and thus qualify for the exemption from Schedule I, the derivative must not exceed the 0.3% delta-9 THC limit. With that being said, the hemp crop will remain compliance with FDA’s 2018 Farm Bill regulations as long as its delta-9 THC concentration does not surpass 0.3% DEA Regulation of Hemp and Hemp Products On August 21, 2020, the DEA published its Interim Final Rule (IFR) to further clarify that hemp and hemp products are not controlled substances. For this reason, pre- harvest hemp which has been tested and determined to be compliant may have total THC concentrations that exceed 0.3% when harvested. One of the key aspects that allows for a higher concentration of THC-A is that during the thirty (30) day harvest window in which a hemp crop must be tested for THC concentrations, the plant’s cannabinoid concentrations, including THC, continue to increase. The sole authority on post-harvested hemp is the Farm Bill and its definition specifically defines hemp in terms of its delta-9 THC concentration, not its Total THC content. Therefore, after post-harvest, the USDA has no further jurisdiction over the hemp crop leaving the Food and Drug Administration (FDA) as the only other agency with the authority to regulate the hemp crop. Total THC Is Not Applicable to Harvested Hemp The USDA Final Rule only governs hemp production and not the regulation of hemp distribution or hemp products which are governed by the Food and Drug Administration Farm Bill. For this reason, it is clear that a pre-harvested hemp crop is not compliant unless its Total THC concentrations do not exceed 0.3% on a dry weight basis. The postdecarboxylation value of THC can also be calculated by using a high-performance liquid chromatograph technique, which keeps the THC- A intact, and requires a conversion calculation of that THC-A to calculate total potential THC in a given sample.” The postdecarboxylation value for THC, as described above, is synonymous with the Total THC in a hemp sample. Thus, this test calculates the total potential THC in a given sample. The postdecarboxylation value of THC can be calculated by using a chromatograph technique using heat, gas chromatography, through which THC-A is converted from its acid form to its neutral form, THC. Additionally, Black Tie CBD complies with the USDA Final Rule, which indicates that a hemp crop is considered to be compliant if it is tested no more than thirty (30) days prior to harvest using a postdecarboxylation method and the results show that the delta-9 THC value does not exceed 0.3% on a dry weight basis: “Postdecarboxylation. In the context of testing methodologies for THC concentration levels in hemp, means a value determined after the process of decarboxylation that determines the total potential delta-9 tetrahydrocannabinol content derived from the sum of the THC and THC-A content and reported on a dry weight basis. The 2018 Farm Bill defines hemp as “any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers with no more than a. It removed hemp, defined as cannabis (Cannabis Sativa L.) and derivatives of cannabis with extremely low concentrations of the psychoactive compound delta-9-tetrahydrocannabinol (THC)(no more than 0.3 percent THC on a dry weight basis), from the definition of marijuana in the Controlled Substances Act (CSA). Black Tie CBD products are in compliance with federal law and there for legal according to the following: The 2018 Farm Bill & USDA Final Rule In December of 2018, the 2018 Farm Bill was signed into law.
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