THCO As It Stands, IS LEGAL

You’ve likely been made aware of the recent DEA stance regarding THCO that has caused concern across the industry. Primitive Farms LLC & Premium Vapor Technologies LLC,  would like to do our part in providing clarity as to how this affects THCO’s legality.

The  2018 Farm Act along with a 2022 case in the  U.S Court of Appeals for the Ninth Circuit shows legal precedence for this type of hemp derived product.

“ The DEA explains the Farm Act does not affect “the control status of synthetically derived tetrahydrocannabinols” because hemp, as defined by the statute, “is limited to materials that are derived from the plant Cannabis sativa L.” 85 Fed. Reg. at 51,641. ” This language suggests the source of the product—not the method of manufacture—is the dispositive factor for ascertaining whether a product is synthetic. A recent agency letter bolsters this understanding. There, the DEA clarifies that “synthetic” delta-8 THC is produced “from non-cannabis materials” and thus remains banned.

It goes on to state, ” We need not consider the agency’s interpretation, because [the Farm Act] is unambiguous and precludes a distinction based on manufacturing method. Clear statutory text overrides a contrary agency interpretation. The Farm Act’s definition of hemp does not limit its application according to the manner by which “derivatives, extracts, [and] cannabinoids” are produced. Rather it expressly applies to “all” such downstream products so long as they don’t cross the 0.3% delta-9 THC threshold.”

The DEA appears to understand the Farm Act’s definition of hemp in the same manner as the court. Meaning, if the starting material is the hemp plant it is considered legal. This indicates the source of the product, rather than the manufacturing method determines if a product is synthetic.

The 2018 Farm Act permits Tetrahydrocannabinol’s derived from hemp and removed them the controlled substance list. Additionally, section 297A of the Agricultural Marketing Act of 1946, states that Schedule 1 of the Controlled Substances Act is amended “after ‘Tetrahydrocannabinols'” by inserting “except for tetrahydrocannabinols in hemp”. This same section defines “hemp” as 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 THC concentration of not more than 0.3 percent on a dry weight basis.”

In essence, as long as these products are hemp derived and below the .3% Delta-9 THC threshold then they are 100% legal (including THCO). Each and every product that Primitive Farms LLC producer of the Chilloh’s brand follows these guidelines. We will continue to provide our customers with high quality third party tested cannabinoids.  If you have any concerns about whether the products you’re selling are derived from hemp, or from non-cannabis materials, please don’t hesitate to reach out for more information. Thank you for your continued support! 

Popular Products

Chilloh’s Delta 8 Marshmallow

Delta 8 50mg or 100mg each

6 pack total 600mg per bag

Flavors: Birthday Cake, Churro, Cookies and Cream, and Smores

We took a fluffy, adorable treat and elevate it with Delta 8. We use premium ingredients to develop our innovative flavors.  Our treats are the perfect size to snack on alone or share with others. We make every batch of marshmallows in-house to ensure consistent quality of our Delta 8 marshmallows. We don’t use preservatives or egg in our marshmallows!  We also strives to use only the freshest and best of ingredients.

If we can’t pronounce it or if you don’t know what it is, we don’t put it in our marshmallows.

 

All Chilloh’s product are below 0.03% Delta 9 THC on a dry weight basis and are derived from Hemp in compliance with the 2018 Hemp Farm Bill. (HDI) Hemp Derived Isomer.

Read More »

THCA Badder- Banana Kush

Starting with premium, fresh frozen flower as input material, our live resin concentrates are best in class in Texas. The material selection, harvest process, and diligent oversight ensures only the highest quality, terpene-rich material is used for our Live Resin product line. Badder is produced by utilizing low temp purging parameters coupled with a technical agitation of resin, resulting in a finished concentrate texture or consistency reminiscent of cake batter. Badder is easily worked and manipulated for precision in dosing dabs and greater efficiency in rationing their stash. Badder is available in either 1.0g or 14.0g units.
*AVERAGE POTENCY RANGE (LIVE): 85% – 95% Total Cannabinoids
*AVERAGE POTENCY RANGE (CURED): 80% – 90% Total Cannabinoids

Read More »

Italian Ice THCa Pre-Roll

Italian Ice is a hybrid strain. Named for its amazing flavor, Italian Ice is a great choice for any hybrid lover who’s after a slight indica lean in their bud. Like its namesake dessert, Italian Ice packs a sweet and creamy fruity berry flavor with hints of sour citrus and a touch of nuttiness. The aroma follows the same profile, with a sweet creamy berry overtone accented by spicy black tobacco and a hint of nuttiness. The Italian Ice high is just as amazing, with happy overtones that will boost your spirits and help you settle down before you finally get to sleep. You’ll feel the boost hit you a few minutes after your final exhale, filling your mind with a happy sense that also activates your focus. But you’d better get hopping quickly – this focus will soon ebb and fade away into a state of unfocused happiness that will quickly turn sedative and sleepy.

Read More »