It would be helpful to hear from as many of you as possible from different states what are the current laws pertaining to THC. While many states appear to still be using the .3% Delta 9 standard, it looks like others are moving towards a .3% TOTAL THC standard.
As the new crop is moving towards harvest this issue will become more and more critical for both State testing and interstate transport.
All States can make their own state laws of course, but Federal law makes provisions via the 2018 farm bill based on “Delta 9 THC” not “Total THC” being .3% THC on a dry weight basis. It is possible that person(s) or companies could be prosecuted based on the Federal Controlled Substances Analogue Act, though we don’t know of any precedent setting cases that we can learn from.
We wish more people would chime in on this post!
FresBros thank you for adding your voice to this important topic. Part of the motivation for this post was a request from a Montana biomass buyer stating that any material they were buying needed to be under .3% Total THC to align with their understanding of both State and Federal laws.
In KY it’s total THC, in Michigan we have been asked to regulate delta 9. I’ve also seen Colorado biomass adhere to the total THC and some farms in Oregon. What I always do as a licensed hemp handler is check the hemp association website for the state and call the lab which the testing was preformed. These two quick steps assist with many compliant and happy buyers and sellers!
ACT No. 164 of the Louisiana Legislature signed by Governor Edwards, (not that Edwards), on June 6, 2019
(10) “Industrial hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of not more 0.3 percent on a dry weight basis.
While that is the definition used in the Farm Bill, the confusion within that very definition is part of the legal quandry. When it states ”acids” it refers to THCa and then goes on to list Delta 9 THC. Legal experts have a hard time interpreting that. Colorado uses ”post” decarboxylation results which ends up being the same as Total THC. Go figure.
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