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RECENTS

Weed Is Legal, Baby!: Navigating the Legal Landscape: Understanding the Legality of THC-a Based Products

Updated: Mar 10

UPDATE: It appears as though .3% hemp flower can be sprayed with hemp distillate (extracted from hemp with 0.3% THC) to raise THC levels legally and within the legal framework of the 2018 Farm Bill. There's certainly more than meets the eye occurring.


*Every now and then, the legal parameters of the United States undergo a reevaluation, reflecting the country's evolving beliefs and modernization of legal discourse. This tradition is often spearheaded by Supreme Court Justices, who, in certain circumstances, revisit and reinterpret legal jargon. The 2018 Farm Bill is a prime example, bringing about a significant shift in the understanding of cannabis-related legality, specifically regarding THC-a and THC. A new world of cannabinoids and hemp-derived products offer everything needed.





It isn't the law that's changed, nor is it the cannabis/hemp products, but rather, a reevaluation and a new understanding of the laws. What we missed was the legality of THC and therefore, the Federally approved legality of products containing THC-a, yet to be transformed into THC and THC-V. This definition would allow hemp or cannabis, defined as hemp with less than 0.3% THC-V, to be legal.


The 2018 Farm Bill and Legal Reinterpretation

The passage of the 2018 Farm Bill marked a pivotal moment in cannabis history, providing a legal framework for the production of hemp-based cannabis. This legislation has led to the reinterpretation of THC-a's status – it is legal, while THC remains federally illegal. Live rosin and ice water hash, as strictly THC-a based products, fall within the legal boundaries set by the 2018 Farm Bill, highlighting the need for ongoing reinterpretation as legal discourse evolves.


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The Legality of Hemp-Derived Cannabinoids

With THC-a being non-psychoactive, products like live rosin and ice water hash, composed of THC-a, gain legality under the 2018 Farm Bill. Unlike hemp flowers, which require decarboxylation to become psychoactive, these concentrates and extracts are federally legal and safe to order and deliver. This legal landscape has paved the way for e-commerce brands like Mood to thrive, capitalizing on the growing market for hemp-derived cannabis products.


Mood's Commitment to Quality and Compliance

Mood stands out as one of the fastest-growing e-commerce companies, operating within the legal framework established by the 2018 Farm Bill. Their commitment to quality extends from partnering with organic hemp farmers to rigorous product inspection and third-party lab testing. Mood ensures that their products meet safety standards and comply with federal regulations, fostering trust among their customers.


Navigating Potential Legal Challenges

Recognizing the potential challenges in distinguishing hemp-derived THC products from marijuana, Mood takes proactive measures. Products are shipped with notices outlining compliance with the 2018 Farm Bill and USPS guidelines for shipping hemp products. Customers are encouraged to exercise caution, refraining from carrying or consuming products in public spaces. Best practices include keeping products in their original packaging and referencing the Certificate of Analysis (COA) for additional assurance.


Shipping Restrictions and Compliance 

While Mood operates nationally, certain shipping restrictions exist due to state regulations. Currently, Mood is unable to ship products to specific states and locations, including Alaska, Colorado, Connecticut, Hawaii, Idaho, Nevada, North Dakota, Oregon, Rhode Island, Vermont, Washington, military addresses, and US territories. Additionally, THCa products face restrictions in Minnesota. International shipping is not available. Interesting, the first state to legalize the sale of cannabis products, doesn't allow cannabis products. Why?


Legalizing Brings New Elements of Criminality

A quick dive into Colorado's scary past, with legalization in 2012-2013 a new set of "Drug Statutes" were implemented to handle the retail cannabis market, while the sentencing parameters and guidelines for all other drugs changed. With legalization came sweeping cannabis reforms, making the sale, trade, or gifting of cannabis a felony. That's correct, play by the rules and pay taxes on the cannabis and you're fine. However, the forgotten criminality regarding cannabis was brought back to the forefront, criminalizing practices and plants that were a long ways from police radar.


This story offers a lesson in the understanding our rights, and the laws that support them.


Conclusion

As legal interpretations continue to evolve, the cannabis industry experiences unprecedented growth. The 2018 Farm Bill has played a pivotal role in reshaping the legal landscape surrounding THC-a and THC, allowing innovative companies to flourish within the boundaries of federal regulations. Navigating this complex terrain requires a nuanced understanding of legal nuances, a commitment to quality, and proactive measures to ensure compliance.


*NOT LEGAL OR MEDICAL ADVICE: SEEK LEGAL COUNSEL



 

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