Laws
Under 0.3% THC by Net Weight – The Greatest Loophole in Drug Law History?
Under 0.3% THC by Net Weight – The Greatest Drug Law Loophole in History
There was not supposed to be a 3rd article to the to the two-part series on “Delta-8 THC from hemp”, and how there is a Civil War going on in the cannabis space between the “hemp guys with Delta-8 and 9 from hemp”, and the “regular marijuana guys with “real-deal Holyfield THC weed”.
But like every sequel, more information has come to light in order to make this groundbreaking 2-part expose on Delta-8 and Delta-9 THC into a full-fledged trilogy.
If you have not read the first two pieces on the evolution of hemp-based cannabinoids that are legal under the 2018 Farm Act, including the Delta-8 THC and even Delta-9 THC, then you need to read them first.
The first piece is entitled, “The Marijuana Industry Is Dead”, liking the development of Delta-8 THC to Prince’s famous quote in 2010 about the internet being dead with the development of the app stores.
The follow up piece, called “D8 vs. D9 – The Cannabis Industries’ Civil War”, was a follow up article explaining the changes, most notably the nano emulsion process that is now being used to shrink down hemp cannabinoids in order to get them into soda and seltzer form. This “shrinkage” of the THC molecules to 20ng-50ng allows the molecule to pass directly into the blood stream, cutting down on activation time and enhancing the effects by 10x the usual Delta-8 THC. Hence, getting really high off hemp is now a real thing, and deadly for the marijuana plant industry.
In the first two pieces we covered if the Delta-8 molecule was in fact legal and how the new delivery method was a game changer for the entire hemp cannabis industry. The second article covered how liquid, because of how dense and heavy it is compared to dry flower or leaves, was a gamechanger as well. Now, “0.3% or lower of THC to be consider hemp” allows the new weight levels to drastically increase THC amounts, even staying well under the 0.3% required by law.
But wait, isn’t the 0.3% or less of THC by dry flower weight? A can of seltzer or soda with hemp in it is not dry flower by any stretch.
Remember, to this point, the gamechanger points were that hemp and all its components were legalized under the 2018 Farm Act. Two, the nano emulsion process, shrinking the molecule to get directly into the blood stream, changed the game for “getting high from hemp”. Delta-8 went from “kind of, sort of high, I think I feel it”, to “holy moly I am stoned to be-jesus”. As Delta-8 companies start rolling out Delta-9 THC products made from hemp, how can that be legal? Delta-9 is the real deal THC, the one that is banned by the Federal government.
Cannabis by definition of Federal Law is anything above 0.3% Delta-9 THC by product weight. THC that is derived from hemp and is testing at .009% in some Delta-9 beverages is 33x under the legal limit. Most of the biggest Delta-8 and Delta-9 brands do this type of math with edibles now all over the country, but liquids like seltzers and sodas can get away with more because it’s in a 355 ML drink vs a 4-6 gram gummy. So now you understand the significance of liquid weight and nano emulsion technology. It made hemp, marijuana basically.
Federal Law permits the sale of hemp products that contain less than 0.3% Delta-9 THC by weight. This rule is applied to all hemp products as there are no sub-categories such as edibles, beverages, vapes, etc. You can go to any head shop in North America outside of the states that have banned Delta-8 or 9 from hemp, and you will see Delta-9 products all over the shelves. But these Delta-9 products form hemp only contain a few milligrams of THC because they are in lesser weight products like gummies.
Regarding the 0.3% by dry weight question, one that anti-hemp protagonists cite, the best reference for this debate in regards to the FDA and DEA stances on this subject in reference to eating a gummy or drinking a liquid is this this article, “Hemp Extracts: The Dry Weight Problem” released in January of 2021 that speaks on this issue in detail. The conclusion at that time was that liquids need to be measured differently than dry extract. You can find the specific formula used on page 4. Since then, the DEA has set a standard that gives its registered labs a way to deduct by volume.
The last page of the report, which states the FDA needs to adopt a volume-based unit of measurement for liquids, should be noted. This was 18 months ago and while the FDA has not adopted any standards yet, the DEA has set its own standards that all their registered labs must abide by. Those standards are 0.3% or less of THC.
What does that all mean? It means that as of right now, there is no standard on the books to differentiate 0.3% of THC by weight between dry flower, liquids, or gummies. The DEA standards are beneficial for liquids and says they must be under 0.3% THC to be considered legal.
Delta-8’s legality has withstood federal challenges, and at this point, all Federal panels and judges have ruled that the Delta-8 molecule from hemp is legal. All the ingredients are from the legalized hemp plant, so what can be illegal in this concoction?
This is important for the hemp industry because it sets precedent in the CYA scenario or Cover Your A$$. If you were to be hauled into a Federal court over selling Delta-8 or even Delta-9 from hemp, the Federal judge would have to “overrule” the other 3 cases and judges decisions that Delta-8 and Delta-9 that is under 0.3% is illegal. Not impossible, but not likely either.
Much of the legal marijuana industry has their head in the sand on this new industry, or they have their fingers in their ears singing “la la la” and they just hope it goes away.
I was recently on a show about this subject and debated a “true marijuana guy” who called me short sighted and almost foolish to think Delta8 and hemp derived Delta-9 would be important. It was a fad, a short-term window until the real deal stuff was legal.
I said, “That is exactly what I thought before I did research and got educated on the subject in-depth. I actually used those exact lines in our first article about what I thought the Delta-8 THC market was all about.”
Some people in the marijuana industry are like the band playing on the Titanic right now, unable to foresee a future where hundreds of millions of people are getting high, or a good night’s sleep, or losing weight, on hemp-infused drinks containing Delta-8 or Delta-9 cannabinoids.
These sodas and seltzers are legal, shipping around the country right now, getting people super high, and being sold at convenience stores, liquor stores, bodegas, and mini-marts.
Who needs dispensaries when you can sell this stuff to millions of retail outlets right now?
Who needs the marijuana plant THC when it is more restricted, more expensive to the consumer, and harder to get?
Remember that every consumer survey of marijuana consumers says 3 things are important to the consumer. Sorry branding guys, but your fonts and colors don’t mean squat according to consumer data. All consumers care about is price point, desired result, and how far or hard was it to get the product. They don’t remember colors, boxes, names, just how much did it cost, did it work well, and how far or long do I have to go to get it. Why is this important in hemp Delta-8 scorecard vs. marijuana?
Set up a future scorecard between hemp-infused Delta-8 and Delta-9 products. How much does each cost? Hemp is cheaper and more easily sourced. Winner hemp, one point. Did it work well? Hemp Delta-8 drinks at 30mg are identical to eating a cannabis 10 to 15mg edible. The high is so similar, regular cannabis users should try a “taste test”, or “high test” to see if they can tell the difference. Delta-9 THC from hemp actually is the same Delta-9 molecule you enjoy in regular cannabis, so that actually is identical! We will call that area a “push” or half a point for hemp and marijuana each, both are almost identical unless you are a true connoisseur of weed. Accessibility? Hemp Delta products are sold in liquor stores, quick marts, dispensaries, bodegas and just about anywhere you can buy cigarettes or alcohol. Winner hemp products, they can legally be everywhere, while marijuana is very much still a “dispensary thing only”.
So even if you aren’t passionate on one side or the other in this debate, you can see that consumer data has hemp-infused products beating regular weed products 2.5 to .5 points. That is huge, because in the end, what consumers want and will pay for is all that matters.
Want to know why cannabis prices are dropping like a stone? Why a pound of cannabis in Michigan is now below $122? The easy answer is that between the illicit and legal market we are seeing market saturation. While this is definitely true, don’t’ count out “legal hemp-infused products” as another venue pulling dollars away from the marijuana industry. For every person that orders a case of Delta-8 or Delta-9 infused soda or seltzer, or gummy for that matter, it is one less order of marijuana products or flower. Since hemp products are shippable by US mail, UPS, Fed Ex, and have withstood the Federal legal test, the consumer is wide open for them.
Could Delta-8 and hemp derived Delta-9 get so big that it could force marijuana legalization?
Wait, what?
Remember, Federal cannabis legalization is all about money, just like everything else. There are plenty of parties in the marijuana industry that DON”T want Federal legalization, they like the MSO idea and having state “moats” to keep profits higher and less competition in the space. What if that model of protectionism isn’t profitable anymore, and MSOs and all licensed cannabis growers and retailers push hard for Federal legalization? If hemp products can take a big enough piece of the pie with the market so less restrictive, will the restricted guys actually want legalization so they can compete with hemp products? Could hemp products clean the clock of marijuana products to the point to where the MSOs are begging for legalization so they can compete with Delta-8 and 9 hemp products shipping to consumers doorsteps?
What if the hemp industry gets 200 million people super high before the marijuana industry gets Federally legalized and can get to those people? Why switch to the more expensive, Federally illegal one, when this version does just fine and it cheaper?
If you are in the industry and think this is all poppycock and “a quick gimmick” market, I want to leave you with a business changing thought.
Thanks to the 2018 Farm Bill, some scientists, and a vaguely written Federal law, hemp can now get your really high.
Think about that when you fall asleep tonight.
Legal hemp can get you really, really high.
Business
A Tipping Point for Cannabis: President Trump Champions CBD & Cannabis Science on Truth Social
When the President of the United States shares a video about the life changing potential of hemp derived CBD on his personal social media platform, it is more than news, it is a cultural shift.
For decades our government lied to us about cannabis. It demonized the plant, waged war on its users, and filled prisons while allowing pharmaceutical companies to flood the nation with addictive and deadly drugs. For over a century we have been fighting uphill, not just for legalization, but for truth, for science, and for the right to heal ourselves naturally.
Now in 2025, the most powerful political figure on Earth is using his own voice and platform to talk about the endocannabinoid system and the science backed benefits of CBD. That is monumental. It is validation for everyone who has fought, been arrested, been silenced, and been dismissed for telling this truth. The President’s video post is already being described as a pivotal moment in cannabis history, and President Trump CBD Cannabis Science Truth Social is trending across platforms as advocates celebrate the breakthrough.
The Science Behind the Endocannabinoid System
The video begins by introducing something most people, including many doctors, still know little about, the endocannabinoid system. Discovered in the 1990s, the ECS is a network of receptors and signaling molecules that works as the body’s master regulator, coordinating communication between major systems like the nervous, immune, cardiovascular, and digestive systems.
The roots of this discovery go back much further. CBD was first isolated in 1940 by American chemist Roger Adams, but it was Dr. Raphael Mechoulam, an Israeli organic chemist, who fully elucidated the chemical structure of CBD and identified its stereochemistry in the 1960s. His pioneering work not only opened the door to modern cannabinoid science but also earned him the title “Godfather of Cannabis Research.” It was this foundation that led to the identification of the endocannabinoid system itself decades later, revealing how cannabinoids interact with our physiology on a fundamental level.
The ECS is now widely recognized as a vital part of human biology, with extensive research supported by the National Institutes of Health. When functioning properly, the ECS acts like the conductor of an orchestra, ensuring every section plays in harmony. As we age, the system weakens. That imbalance is linked to inflammation, chronic pain, cognitive decline, sleep problems, and many other conditions associated with aging.
Mainstream medicine often addresses these issues with pharmaceutical band aids, dangerous and addictive drugs that treat symptoms rather than root causes. Lifestyle changes such as diet and exercise help, but they only partially support the ECS and do so slowly over time.
Hemp Derived CBD: A Game Changer for Aging
Here is where the science gets exciting. As the video explains, the ECS can be restored much more quickly with hemp derived CBD. Strengthening this system naturally helps the body regain balance, reducing pain, improving sleep, lowering stress, slowing disease progression, and even extending healthy lifespan.
It is not theoretical. One in five seniors is already using CBD to manage pain, arthritis, cancer symptoms, sleep disorders, Alzheimer’s, and more. Despite decades of research and acknowledgment from institutions like the National Institutes of Health, most physicians receive no training on the ECS. There are still no FDA standards for CBD products on the market. If that were the case for any other class of medicine, it would be considered malpractice.
The World Health Organization has confirmed CBD’s excellent safety profile and non addictive nature in its critical review report. The result is that millions of older Americans are suffering unnecessarily when a safe and natural solution exists.
Hemp derived CBD is a powerful first step in restoring balance to the endocannabinoid system, but it is only part of the picture. Research shows that full spectrum cannabis extracts, which include a broader range of cannabinoids and terpenes, can work even more effectively. Complete concentrated cannabis oil, containing the full spectrum of natural endocannabinoids, may deliver the most profound results for certain patients. Expanding access to these therapies will be essential if we want to unlock the full healing potential of this plant.
The Economic and Social Impact
The video cites a powerful figure. A PricewaterhouseCoopers analysis estimates that fully integrating cannabis into the healthcare system could save the United States nearly 64 billion dollars annually. These savings reflect reduced pharmaceutical dependency, fewer hospitalizations, improved chronic disease outcomes, and enhanced quality of life for aging Americans. You can read more about PwC’s research on healthcare innovation here.
It is a financial argument, but it is also a moral one. Why should our elders endure pain, anxiety, and cognitive decline when nature has given us tools to help them live longer, happier, and healthier lives?
A Call to Action: Finish What the Farm Bill Started
The message concludes by crediting the 2018 Farm Bill, championed by President Trump, for legalizing hemp and laying the groundwork for today’s CBD market. The Farm Bill was just the first step.
Now the call is for bold next moves.
- Educate doctors about the endocannabinoid system
- Include CBD under Medicare coverage
- Provide clear federal standards for CBD quality and dosing
These steps would constitute the most significant senior health reform in modern history, one that would transform aging and cement a powerful legacy for any administration that makes it happen.
What This Means for Future Cannabis Medicine
For those of us who have been in the cannabis community for decades, this is not just another news story. It is a signal that our movement is winning. A conversation that was once criminalized and censored is now being amplified by the President of the United States on his own platform.
It means the science is undeniable. It means the truth can no longer be buried. It means the wall of prohibition is cracking, not just legally, but culturally, scientifically, and politically.
It also means that everything we have been fighting for at 420 Magazine since 1993, education, access, healing, and justice, is finally moving full steam ahead. The President Trump CBD Cannabis Science Truth Social moment is proof that science and policy are finally converging.
New Mexico regulators fined a cannabis operator nearly $300,000 and revoked its license after the company allegedly created fake reports in the state’s traceability software.
The New Mexico Cannabis Control Division (CCD) accused marijuana manufacturer and retailer Golden Roots of 11 violations, according to Albuquerque Business First.
Golden Roots operates the The Cannabis Revolution Dispensary.
The majority of the violations are related to the Albuquerque company’s improper use of BioTrack, which has been New Mexico’s track-and-trace vendor since 2015.
The CCD alleges Golden Roots reported marijuana production only two months after it had received its vertically integrated license, according to Albuquerque Business First.
Because cannabis takes longer than two months to be cultivated, the CCD was suspicious of the report.
After inspecting the company’s premises, the CCD alleged Golden Roots reported cultivation, transportation and sales in BioTrack but wasn’t able to provide officers who inspected the site evidence that the operator was cultivating cannabis.
In April, the CCD revoked Golden Roots’ license and issued a $10,000 fine, according to the news outlet.
The company requested a hearing, which the regulator scheduled for Sept. 1.
At the hearing, the CCD testified that the company’s dried-cannabis weights in BioTrack were suspicious because they didn’t seem to accurately reflect how much weight marijuana loses as it dries.
Company employees also poorly accounted for why they were making adjustments in the system of up to 24 pounds of cannabis, making comments such as “bad” or “mistake” in the software, Albuquerque Business First reported.
Golden Roots was fined $298,972.05 – the amount regulators allege the company made selling products that weren’t properly accounted for in BioTrack.
The CCD has been cracking down on cannabis operators accused of selling products procured from out-of-state or not grown legally:
- Regulators alleged in August that Albuquerque dispensary Sawmill Sweet Leaf sold out-of-state products and didn’t have a license for extraction.
- Paradise Exotics Distro lost its license in July after regulators alleged the company sold products made in California.
Golden Roots was the first alleged rulebreaker in New Mexico to be asked to pay a large fine.
Source: https://mjbizdaily.com/new-mexico-cannabis-operator-fined-loses-license-for-alleged-biotrack-fraud/
Four marijuana companies, including a multistate operator, have filed a lawsuit against U.S. Attorney General Merrick Garland in which they allege the federal MJ prohibition under the Controlled Substances Act is no longer constitutional.
According to the complaint, filed Thursday in U.S. District Court in Massachusetts, retailer Canna Provisions, Treevit delivery service CEO Gyasi Sellers, cultivator Wiseacre Farm and MSO Verano Holdings Corp. are all harmed by “the federal government’s unconstitutional ban on cultivating, manufacturing, distributing, or possessing intrastate marijuana.”
Verano is headquartered in Chicago but has operations in Massachusetts; the other three operators are based in Massachusetts.
The lawsuit seeks a ruling that the “Controlled Substances Act is unconstitutional as applied to the intrastate cultivation, manufacture, possession, and distribution of marijuana pursuant to state law.”
The companies want the case to go before the U.S. Supreme Court.
They hired prominent law firm Boies Schiller Flexner to represent them.
The New York-based firm’s principal is David Boies, whose former clients include Microsoft, former presidential candidate Al Gore and Elizabeth Holmes’ disgraced startup Theranos.
Similar challenges to the federal Controlled Substances Act (CSA) have failed.
One such challenge led to a landmark Supreme Court decision in 2005.
In Gonzalez vs. Raich, the highest court in the United States ruled in a 6-3 decision that the commerce clause of the U.S. Constitution gave Congress the power to outlaw marijuana federally, even though state laws allow the cultivation and sale of cannabis.
In the 18 years since that ruling, 23 states and the District of Columbia have legalized adult-use marijuana and the federal government has allowed a multibillion-dollar cannabis industry to thrive.
Since both Congress and the U.S. Department of Justice, currently headed by Garland, have declined to intervene in state-licensed marijuana markets, the key facts that led to the Supreme Court’s 2005 ruling “no longer apply,” Boies said in a statement Thursday.
“The Supreme Court has since made clear that the federal government lacks the authority to regulate purely intrastate commerce,” Boies said.
“Moreover, the facts on which those precedents are based are no longer true.”
Verano President Darren Weiss said in a statement the company is “prepared to bring this case all the way to the Supreme Court in order to align federal law with how Congress has acted for years.”
While the Biden administration’s push to reschedule marijuana would help solve marijuana operators’ federal tax woes, neither rescheduling nor modest Congressional reforms such as the SAFER Banking Act “solve the fundamental issue,” Weiss added.
“The application of the CSA to lawful state-run cannabis business is an unconstitutional overreach on state sovereignty that has led to decades of harm, failed businesses, lost jobs, and unsafe working conditions.”
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