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Vape Legislation changes in Illinois & Oregon

It’s a new year, and with the new year comes new laws that are to take effect, and for the cannabis and vape industry - these laws may not be as promising for the future of the industry. We’ve seen several states take a stance against vaping specifically, and added to the list are Illinois and Oregon. This article will cover everything you need to know about what this means for the vape community in these states moving forward.

Illinois

As of January 1st, 2022, the state of Illinois has passed a new bill, namely Illinois Senate Bill 00512 - The “Preventing Youth Vaping Act” which was sponsored by Sen. Julie Morrison and Rep. Bob Morgan. This bill is as the name suggests; a bill that creates additional restrictions and regulations on e-cigarettes, aiming to prevent vaping by children. So, what does this act mean for Illinois?

First of all, the law defines an e-cigarette as;

  • A device using a battery or other mechanism to heat a solution, resulting in vapor for inhalation.
  • Any container of a substance that is intended to be used in the device or used to refill the device.
  • Any substance that is intended for use in the device.

According to the Illinois attorney general, the act is intended to do the following;

“Address the epidemic levels of youth e-cigarette usage by prohibiting companies from marketing products to minors.”

The state has clearly stated its interest and belief in encouraging the youth to live vape-free. While vaping is a controversial topic in regards to health, the state has a strong stance in stepping towards keeping these products out of the hands of anyone younger than 21 years old. This bill, however, also poses a challenge to the industry by limiting companies from directing their advertising and marketing.

While most people may stand by the age-restricted purposes of this bill, this legislative change poses nuanced difficulties to companies that offer these products and results in fines of up to $25,000 as well as a 1-3 year prison sentence if found guilty. The bill complicates marketing these products by stating the following rules:

  1. Companies can not market vape products as modified risk tobacco products
  2. Companies can not market a vape product as providing smoking cessation benefits unless approved by the FDA.
  3. Companies can not market vape products in a way that appeals to or encourages any person under the age of 21 to use them.

As online tobacco and e-cigarette sales continue to grow, the new law and restrictions as listed above seek to prevent minors from purchasing e-cigarettes by requiring online retailers to take steps to ensure that purchasers are at least 21 years old. The state goes as far as urging the FDA to ban flavored tobacco products and to strengthen e-cigarette guidance by prioritizing enforcement actions against flavored e-cigarettes.

The only exception currently stands for the following;

“Electronic cigarettes first sold prior to August 8, 2016 and for which a premarket tobacco product application was submitted to the U.S. Food and Drug Administration by September 9, 2020”

e-cigarettes that utilize synthetic (tobacco-free) nicotine or CBD-containing e-cigarettes, for example, that arguably are not tobacco products under federal law, would not be considered adulterated in Illinois for not having authorized PMTAs.

Oregon

As of January 1st, 2022, the state of Oregon passed House Bill 2261 which prohibits remote sales of inhalant delivery systems. This new legislation prevents any businesses involved in selling vape products from shipping or mailing any products that may have been purchased online or by other distant means. This means that the only sales permitted are in-person sales.

These restrictions do not, however, apply to freight forwarders or motor carriers. Apart from that exception, no retailers or businesses may sell smokable tobacco products unless the purchase was made face-to-face.

‘Inhalation delivery systems’ refers to anything that is one of the following;

“A device that can be used to deliver nicotine in the form of a vapor or aerosol to a person inhaling from the device; or a component of a device described in this paragraph or a substance in any form sold for the purpose of being vaporized or aerosolized by a device described in this paragraph, whether the component or substance is sold separately or is not sold separately.”

According to that description, the following products fall into the Oregon HB 2261 Shipment ban:

  • Bottled e-liquid (with or without nicotine)
  • Closed-system ENDS (e.g. pod/cartridge or disposables) pre-filled with non-nicotine and nicotine-containing e-liquids
  • Open-system devices
  • Open-system/Open-tank ENDS device

This means that the legislation appears to restrict the DTC sale of most types of vapor products.

The implementation of this bill was put forward due to the FDA reporting that 3.6 million middle and high school students were current users of e-cigarettes In 2020. While the FDA finalized a rule in 2016 that included ENDS in the definition of a tobacco product, the majority of regulation of these products is left to the states. Supposedly, despite the current regulations that were passed in 2017 - the state insisted that the regulations still make it relatively easy for minors to obtain products online.

A device is considered adulterated if:

  1. It consists of any poisonous, deleterious or filthy substance that may render injuries to health.
  2. It is held or packaged in containers composed of any poisonous or deleterious substance.

Considering these new legislations, it is clear that further restrictions are being imposed on the states around the U.S. and pose challenges to the vapor industry. While these new bills are proposed to provide a safer environment for minors, it should be asked whether this is a step forward or a step backward in the industry.

January 5, 2022
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A Guide to Curing and Drying

As many of you know, curing and drying are processes that can significantly impact the taste and general quality of your cannabis crop. Properly drying and curing your fresh cannabis stash is paramount to prevent harsh smoke and prevent mold contamination from taking place.

Harvesting your cannabis is only half the work. Post harvest operations are arguably just as important as pre-harvest. Many believe that curing and drying are the same things, which they aren’t. Black Tie CBD has been asked why we haven’t released our 2021 strains, and the answer is simple; we believe in a low and slow curing process that ensures quality to the end product that we offer you.

Below, we’ll share our answers to some frequently asked questions on the drying and curing processes, so you can maximize the flavor and potency of your stash - as well as better understand how post-harvest processes are done correctly.

The importance of drying cannabis

Freshly harvested cannabis buds contain significant moisture, which needs to be dealt with before smoking. Essentially, drying also converts THC from its non-psychoactive, crude, acidic form to its psychoactive neutral form.

Cannabis flowers are full of active components; The resin glands contain THC, CBD and other cannabinoids. The issue is that when your plants are recently harvested, they’re still quite green and most of the THC is inactive. Drying marijuana means reducing the water content of the buds to 10-15%, depending on the desired crispiness of the final product.

A dry shouldn’t be too quick or the outside of buds will appear dry but the insides won’t be, leaving chlorophyll within; too long, and buds could develop mold.

How do you dry cannabis?

The drying procedure usually depends on the trimming process that you use;

  • Dry trimming
  • If you’re trimming plants after they’ve been dried, then you’ll be able to hang them from a line or hanger. Hanging is preferable as it prevents buds from becoming misshapen. To test if the plants are ready for trimming, you can try bending a branch. If it bends, it needs more drying. If it snaps, it is ready for trimming and curing.
  • Wet trimming
  • If you trim the plants before drying, you’ll have smaller plant parts to dry and need to use a rack. You can check when buds are ready for curing by squeezing them. If they still feel wet or moist, they likely need more time before moving on to curing.

Dying cannabis involves focusing on:

  • The drying method used.
  • Temperature.
  • Moisture levels.

What are the drying methods?

Hang Drying Cannabis

Hang drying is a cost-effective solution for cannabis cultivators with a limited budget and involves exposing your cannabis to the open air. To hang-dry your cannabis, your branches are hung upside down from an elevated position and dried. You must regularly monitor the temperature and airflow of the room for the best results.

Choosing a cool, dark place to dry your buds is essential. Ensure that your flowers are spaced adequately for airflow to carry moisture particles away without attracting mold. Hang-drying is great, but requires a lot of environmentally controlled space.

This process usually takes anywhere from 1-2 weeks.

Using a drying rack

When preparing cannabis for commercial purposes, trimming machines are usually used, so this method is ideal. A drying rack is great for keeping the yield organized, and there is far lower risk of contamination or mold. While this option is more pricey, it is the ideal piece of equipment when it comes to drying weed correctly. Using a drying rack with a large surface area for the buds allows for more airflow, meaning that the moisture is taken away in far less time.

Again, this is a process that takes upwards of 10 days. If the snapping sound of your bud is crispy and sharp, then you know that your weed has been dried properly.

While you may be looking for a faster drying process, If buds are dried too quickly, chlorophyll and other pigments, starch, and nitrates are trapped within plant tissue, making it taste “green,” burn unevenly and taste bad. However, slowly dried buds taste sweet and smoke smooth. Taste and aroma improve when pigments break down. Slow even drying–where moisture content is the same throughout stems, foliage and buds– allows enough time for the pigments to degrade.

How to perfect the drying process:

As stated above, we focus on a slow drying process. We hang entire plants to dry; allowing the process to take place over time. We remove large leaves and stems (fan leaves) in the field as fresh leaves are easier to work with. The plants are then hung until they reach an ideal moisture content. At that point they buds are hand-trimmed and placed into curing.

Temperature:

We place importance on circulation and ventilation as this helps us control the heat and humidity of the room. The ideal air temperature is between 65 and 75°F (18-24°C), and humidity from 45-55%. Any temperatures lower may slow drying and increase the threat of harsh smoke, and any temperatures higher may cause the buds to mold.

Similarly, any lower than suggested humidity causes a speedy dry period, causing the retention of chlorophyll and giving the weed a terrible taste and odor.  The most important thing to note is that different climates are required for growing cannabis and drying it.

Hanging:

Due to the quantity of cannabis that we dry, we use a large space for drying. It is ideal to cut the plants at the base and remove the large leaves - then hang them on the drying lines in the drying facility. Branches should be cut from 12-40 inches, with each branch manicured and hung.

Manicured branches should be hung to dry for a few days before being bucked from the stem and placed on drying screens to allow the bulk of the moisture to dissipate. Once it is all on screens, the buds should be turned daily to ensure even drying. It is also adequate for manicured buds to be placed in boxes to dry, but the drying pace is slower due to the limited airflow.

Drying time:

Drying can take between five to seven days depending on temperature, humidity and bud density. The larger, denser buds can take around four days longer, so it’s important to check your buds to determine the proper moisture content. If you want to check the readiness, bend the stem and ensure that it snaps rather than folds; this generally indicates that it is ready to cure.

The importance of curing cannabis:

The curing process is possibly the most overlooked aspect of producing cannabis. During curing, moisture continues to draw from the center of the bud toward the outside.

Curing your bud is similar to the aging process of products like wine and cheese. Instead of a fermentation process, the main focus is on humidity with curing weed. Because even-though most moisture has evaporated and left the cannabis during the drying of the plants, there’s still some moisture left in the weed. Any friction and rough handling of the buds will knock off valuable resin glands and diminish the cannabinoid content.

The first week of curing affects potency as it evenly removes moisture within the bud so virtually all the THC is psychoactive, which is what most people are after. Curing also allows buds to dry enough that mold does not grow when buds are stored. Well-cured buds have an even glow when burned and smoke smooth. It is essentially not enough to simply keep your weed in a jar and say that it’s been correctly cured.

The process of curing cannabis:

The first step to curing your cannabis is to cut the stems into lengths less than 30-45 cm and then place them into an airtight container, ideally with a rubber seal. Any Ziploc or plastic bags are not ideal - some growers say that plastic imparts an undesirable flavor on the buds and is not impervious to oxygen.

Once the buds are enclosed, a microclimate is created, and the buds get an even spread of moisture. Once the buds are enclosed, they should be stored in a cool, dry, and dark place. Check on your buds at least once per day for two weeks. Use a hygrometer to check relative moisture in the container during the curing process. If you don’t have a hygrometer handy, you can gently squeeze to feel if they are moister than before.

During this check-up, keep your jars open to allow for air exchange, and inspect each bud individually for signs of mold. If you find an infected bud, make sure to remove it from its jar immediately to avoid the fungus spreading. If buds are sticking together in clumps when you try to shake the container, it means they still have too much moisture and need to be dried further.

Ideal conditions for drying cannabis:

Humidity

You want to stabilize the relative humidity at around 45-55% when the buds are placed in an enclosed container. This is the correct environment to cure your cannabis buds to perfection.

Temperature

65-75

Light

None

If buds are too dry:

leave them in the container and let excess moisture escape out the top by opening the container for a few minutes every few hours before closing the lid again.

If buds are too moist:

If you live in a normal to dry climate, you may be able to get away with just leaving the top off the jars for 1-4 hours. If you live in a humid climate, you may have to take the buds out of the jars and lay them out until the outsides begin to feel dry again.

The curing process is most important during the first two weeks and can take over six months for the highest quality outcome. It’s clear that this process is incredibly long when done correctly, which is why we release our new strains later than most other companies. We place the utmost importance on a long process that ensures the highest quality outcome.

December 21, 2021
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Turning Trim Into Edibles

Cannabis trim is a common term used to describe the excess parts a cultivator must trim, or remove from their plants post-harvest in order to fully maximize a plant’s bloom and, in turn, get more desirable crystals.

Cannabis trim refers to two different types of leaves:

  • Sugar leaves are the small leaves that grow out of the buds: Heavily concentrated trichomes, so they’re better for various extractions. Some people do not trim the sugar leaves and just leave them on the buds. This has the advantage of making the harvest heavier and the buds more appealing. In some cases, the sugar leaves are also packed with large amounts of THC.
  • Fan leaves are the larger leaves that protrude from the branches: Fewer trichomes and therefore fewer cannabinoids and terpenes, making it less effective for psychoactive products. Since fan leaves contain far fewer trichomes, you won't get a good yield for rosin extract, but you can make edibles with it as we will discuss below.

Typically, removing trim helps remove some unnecessary parts of the plant, at least in terms of smoking. However, the trim should not be deemed useless.

Preparing the trimmings:

Preparing the trimmings is an important part of the process when making edibles. The first step is to gather the leaves and dry them in a well-ventilated area, then chop the dried cannabis leaves into pea-sized pieces. Lastly, remove the stems (Since stems don’t contain enough cannabinoids to affect the potency).

The next step is to decarboxylate. The process involves heating the cannabis to convert inactive THCA and CBDA to active THC and CBD. If you don't properly decarb your cannabis, the moisture from it can cause botulism bacteria to grow in your tinctures, butters or oils - making it an important process.

You’ll need the following equipment:

  • An oven
  • A baking sheet
  • Parchment paper
  • Cannabis trim
  1. Step 1: Preheat the oven to 235 degrees Fahrenheit (120 degrees Celsius). Place the parchment paper on the baking sheet and spread your marijuana, or hemp flower across it.
  2. Step 2: Bake for approximately 40 minutes
  3. Step 3: Remove and let cool. The process is now complete.

Making Edibles With Trim:

You can typically use trim just as you would cannabis flower, but there are a few differences to be aware of. Edibles are easy to make with trim, and just as tasty, although it's important to know that you may end up with a more green-colored and pungent tasting end product due to the high levels of chlorophyll.

THC is fat soluble, so you need to put the trim in some type of fat. The most common are oil, butter or milk. Let’s take a look at how you can make the various edibles;

Cannabis Butter (cannabutter):

Infusing butter with cannabis to make ‘cannabutter’ with trimmings is one of the most popular and simplest ways to make cannabis-infused edibles. It is the main ingredient for a wide range of marijuana edibles. Most homemade edibles start with cannabutter. Butter is an ideal host for infused cannabis. Its pliability makes it really versatile for carrying THC and other cannabinoids.

Here is an easy recipe for how to make cannabutter with trim (the sugar leaves removed from harvested plants). What you’ll need:

  • Cannabis trim
  • Water
  • Cookie sheet
  • Salted butter
  • Stirring spoon
  • Cooking pot
  • sharp knife

Step 1: After decarboxylating, chop up your trimmings, or use a kitchen blender.

Step 2: Melt your butter in the cooking pot and add water.

Step 3: Add the trim into the pot and let it simmer for about 4-8 hours, but you can let it simmer for longer if you are aiming for extreme potency.

Step 4. Add water as needed because it evaporates and the level in the pot lowers.

Step 5. Strain the mixture after the boiling is complete

Step 6. Place the butter into containers, let it cool and store it in the fridge

Once the process is complete, your cannabutter should look something like this;

Cannabis Butter

How To Dose Cannabutter

Dosing homemade edibles is a complex but necessary part of the process. Each batch varies, depending on your type of cannabis and cooking techniques. All you need to know is how much cannabis you used in your butter and its THCA percentage.

Here is the calculator as provided by ‘INSIDER’;

Dose Cannabutter

10 milligrams is the standard dose for edible companies. 10 milligrams will feel relaxing, a bit euphoric, sedative, and calming for most people. If you have never consumed cannabis before, start even lower at 5 milligrams and build from there.

What to make with cannabutter

  • Cannabutter fudge
  • Peanut butter cookies
  • Blondies
  • Cheesecake
  • Tarts

Cannabis-infused Coconut Oil:

Cannabis-infused coconut oil packs the potency without the animal fat for plant-based edibles. Nearly pure fat, coconut oil effortlessly binds to the cannabinoids in cannabis and has a higher smoke point than some other oils. Coconut oil is an accessible and versatile base for creating strong cannabis infusions, topicals, and medicinal edibles because of its high saturated fat content.

Not only is cannabis-infused coconut oil a great holder of potency, but it is also adaptable to different diets like ketogenic and vegan - all while tasting great. When you compare the coconut oil fat content with Olive oil, there is a difference of over 60% with coconuts taking the lead. This makes Coconut oil a perfect base for every cannabis-edible.

Here's what you will need for the recipe:

  • Cannabis trim (amount depends on your desired potency)
  • Coconut Oil
  • Water
  • Mason jar
  • Baking Sheet
  • Aluminum foil
  • Grinder
  • Pot (For Cooking)
  • Cheesecloth
  • Spoon

Step 1: Decarboxylate your trim.

Step 2: Fill your mason jar with coconut oil

Step 3: Fill your pot with water, and keep it over the stove with enough heat that it is not boiling yet.

Step 4: Place the decarboxylated trim and place it into the coconut oil in the mason jar, and seal the lid of the jar tightly.

Step 5: Place the mason jar in the pot and start boiling the water. Keep the temperature remains between 160℉ and below 200℉.

Step 6: Maintain the process for around 4 hours.

Step 7: After 4 hours, strain the coconut oil into a container. Now your coconut oil is ready to be used!

In the end, your cannabis-infused coconut oil should look somewhat similar to this;

Cannabis Infused Coconut Oil

What can you make with cannabis-infused coconut oil?

  • Cookies
  • Cauliflower rice
  • Coconut oil chews/macaroons
  • Banana bread
  • Banana and coconut oil smoothie

It’s clear that neglecting cannabis trim is a massive mistake, and one commonly made. Cannabis trim is the best way to make edibles, and as you can see - the potential is endless. Cannabidiol (CBD) sugar trim available at BlackTieCBD.Net. Search “Flower”, then select “Trim/Shake” within the Quantity filter on the left hand side of the screen. If you would like assistance, please feel free to call us at (888)702-2285. Speak with you soon!

December 13, 2021
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A Guide to Understanding Trichomes

If you’re a cannabis user, you’re probably familiar with the sugary, crystal-like appearance that appears on the flower, leaves, or bract - known as trichomes. Trichomes are produced across the cannabis plant, which holds the plant's cannabinoids and terpenes. Most people recognize trichomes as the ‘tiny hairs’ on the plant, so it’s likely that you’ve already seen them.

So, what are trichomes?

The word trichome originates from the Greek word “Tríchōma,” which means growth of hair. The actual definition is “appendages on plants, algae, lichens, and certain protists.” - These tiny outgrowths, or sources of resin, allow the production of cannabis concentrates like; shatter, cannabis oil, hash, and wax. Each trichome has a unique size, shape, and biochemical function.

Trichomes are minuscule biological cannabinoid factories found predominantly on the flowers and sugar leaves of weed, providing a variety of functions and benefits to the plant. Scientists have said that trichomes could affect leaf temperature and photosynthesis, or more complicated functions, such as pest-deterrence via their physical structures or production of compounds, as studied by George J Wagner, stating that trichomes;

“Guide the path of pollinators or affect photosynthesis, leaf temperature, or water loss through increased light reflectance as in desert species.”

What are the different trichomes?

Scientists have identified three categories of trichomes found on cannabis plants:

  1. Bulbous trichomes
  2. Capitate-stalked trichomes
  3. Capitate sessile trichomes

It is believed that trichomes function as a form of survival for the cannabis plant. The sticky resin that coats the plant provides a frontline defense against fungus, insects, and herbivores. Trichomes also play an essential role in helping cannabis grow in difficult climatic conditions.

  1. Bulbous trichomes
  2. These are the smallest type of trichomes, sometimes being as little as 10 microns wide - which is actually a fraction of the largest size. These can be found across the surface of the plant - but are too difficult to see.

2. Capitate sessile trichomes

These trichomes are larger than bulbous trichomes, with enough cell    numbers to form a trichome head and a very short base. These trichomes have a width of around 20-30 microns, which are not as large as the final category of trichomes, nor as easy to see.

3. Capitate-stalked trichomes

These are much larger and can be seen by the naked eye. These range from 50-100 micrometers wide typically. Capitate stalked trichomes have a stalk that is made from cells known as epidermal and hypodermic cells. On top of the stalk is the head of the resin gland, the ‘capitate.’ The ball-shaped head of the resin gland has a waxy outer cuticle layer which acts as a ‘skin.’ Inside the resin head are the cannabinoids and terpenes. These are produced by specialized cells in-between the top of the trichome stalk and the spherical resin head.

Cannabis trichomes typically appear early in the flowering stage on healthy plants. As trichome heads age, they go from being completely clear to opaque, milky white, and, eventually, amber. See below for reference;

Different Trichomes

What do the different trichome colors mean?

Clear Trichomes:

As a plant transitions into the flowering phase, noticeably the first trichomes appear. Young and immature trichomes feature a clear, translucent appearance. They maintain this appearance for the first part of this phase before their chemical composition changes significantly for the first time. This color indicates that THC and terpene production is at their peak, while CBD levels are still low. This means harvesting at this color will have a more cerebral psychoactive effect. However, it is still not ideal to harvest at this stage and should be harvested at the next.

Cloudy Trichomes:

Cloudy trichomes occur prior to harvest and indicate that cannabinoid levels have reached their maximum. This does not necessarily mean that it is an extremely potent THC strain, however, as that depends on other factors. While it doesn’t guarantee potency, it is a good indicator of when the strain has reached its production peak.

This is when most growers harvest their flowers, and it is generally considered the right time to harvest. You can also use the pistils as an indicator when more than 50% of the hairs have turned orange it means you’re at this stage.

Trichomes remain cloudy for approximately two weeks. Towards the end of this stage, they start to change appearance once again, indicating more developments in their phytochemical composition - which is why they start turning amber in color.

Amber Trichomes:

If trichomes have turned a visible amber hue, the cannabis plant has probably aged past peak potency. This trait makes trichomes a good indicator of when a plant is ready for harvest. Most growers pay close attention to the state of the plant's trichomes and try to harvest buds right when the trichomes are milky white before they have degraded to amber.

Trichomes turning amber indicate deteriorating THC levels, so it is a fine balance of checking on them several times a day to ensure that harvest happens at the peak moment for both high THC levels and the desired couchlock effects.

What impacts trichome production?

  1. Stress training
  2. Stress training can significantly increase yields when performed correctly. Higher yields tend to mean more trichomes. The process typically involves manipulating the plant's shape to distribute hormones more evenly across the top buds, allowing the plant to make better use of the light.

    However, the process of stress training can have negative consequences, like bud discoloration, re-vegging, or hermies, so it’s an ambiguous process to say the least. However, it is usually safe as long as you save any major stress for the last week or two before harvest.
  1. Lighting
  2. The light spectrum is one of the most fundamental parts of a cannabis plant’s ability to increase trichome production. The trichomes protect the plant from UV rays, which means that the more light the plant gets - the more resin it will produce.

    Some believe that exposing cannabis buds to UV-B light for the last 2-3 weeks before harvest can increase trichome production and overall potency. The most common source of UV-B light is Metal Halide grow lights.  
  1. Temperature and humidity
  2. Temperature and humidity have a massive effect on the growth of cannabis flowers. When temperature and humidity are adjusted to induce stress, the plant may increase trichome production as a defense mechanism.
  1. Adjusting the environment
  2. Each stage of cannabis plant growth influences the production of trichomes. The glands are highly fragile and volatile, which is why ensuring that the plant is growing in the right environment should be a priority - especially in the flowering stage. The purpose of adjusting heat periodically is to avoid the trichomes and terpenes from getting damaged by heat.

    This is the general rule of thumb when altering the environment:
    Humidity below 30% – Drop the humidity of the growth space below 30% RH for the last 2-3 weeks before harvest to increase trichome production.

Temperature between 70-80°F – Make sure your temperature stays under 80°F (26°C) to ensure the potency is not being baked right off your buds.

  1. Supplements
  2. It is essential to give your plants plenty of phosphorus and potassium during their flowering stage. Boosting trichome production requires that a cannabis plant is fed the correct amount of nutrients. If a plant is deficient in nutrients, it slows down all its functions.

Genetics plays the most significant role when it comes to getting the most trichomes out of your cannabis. Genetics are crucial If you want to achieve the best and most trichomes you can, so choosing genetics that produce an abundance of trichomes is essential.

December 1, 2021
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USPS Final Rule: Vape Ban

If you've been tracking the USPS Vape Mail Ban over the last few months, or have only recently come across the term for the first time, The Postal Service's ruling has dramatically shifted the entire market and raised havoc in the vaping community.

The 116th Congress originally expressed concern about children getting tobacco products cheaply and easily through the sales of tobacco and smokeless tobacco through illegal Internet or contraband sales, which resulted in the title of the Preventing Online Sales of E-Cigarettes to Children Act (“POSECCA”), which was passed in 2009. Modifying the PACT Act’s definition of “cigarettes” to extend to ENDS products now poses additional challenges.

On December 27, 2020, as a part of the “Consolidated Appropriations Act, 2021,” Congress had conversations to include e-cigarettes and all vaping products in a nationwide mailing ban. All major carriers like DHL, UPS, and FedEx announced they would join USPS and no longer be available to sellers of vaping products to ship their goods to customers. The discussion continued to suggest amendments, which would mean that the act was expanded to include e-cigarettes and any Electronic Nicotine Delivery System (ENDS) - hence the delays in the final ruling.

The PACT Act requirements summarized above apply to ENDS effective 90 days from the date of enactment on or about March 28, 2021. The registration and reporting requirements were to apply to all sales, including business-to-business sales. Companies were warned to plan well before the effective date to ensure that they were fully compliant with existing state sales and excise taxes, licenses, and registrations. Companies anticipated the mail ban going into effect on or about April 27, 2021, which was delayed for further discussion and amendments.

The United States Postal Service issued a final rule on October 21st, 2021 that put an end to delivering all vape products through the U.S. Mail. The new USPS rule took effect immediately after publication in the Federal Register, ultimately impacting the vape and e-cigarette community. This new law, commonly referred to as the “PACT Act,” stipulated that vaping products would essentially be classified under the same rules that apply to combustible cigarettes, stating the following;

“Incorporate new statutory restrictions on the mailing of electronic nicotine delivery systems. Like cigarettes and smokeless tobacco...”

What does the new ban cover?

The USPS does note that shipping hemp that contains less than 0.3 percent THC is still federally legal, so long as it is not included in a vaping product. The agency also notes that there are other exclusions to this new rule:

  • Intrastate shipments within Alaska or Hawaii.
  • Consumer Testing: Limited shipments of cigarettes sent by verified and authorized manufacturers to adult smokers for consumer testing purposes.
  • Shipments between verified and authorized tobacco-industry businesses for business purposes or between such businesses and federal or state agencies for regulatory purposes.
  • Limited shipments of cigarettes by federal agencies for public health purposes under similar rules applied to manufacturers conducting consumer testing.
  • Lightweight, non-commercial shipments by adult individuals, limited to 10 shipments per 30-day period.

The final summary of the rule as stated in the federal register stipulates the following, however;

“Ends products are generally nonmailable, except as authorized by an exception, and then only if all PACT-Act-related and non-PACT-Act-related conditions of mailability are met.”

The rule includes ENDS products that comprise of any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device; and any component, liquid, part, or accessory of an ENDS, regardless of whether sold separately from the device.

Some people expressed concern that CBD products could fall under the health exemption to the general ban, but USPS said that would not apply unless and until the Food and Drug Administration (FDA) approves any such products. These regulations concern the industry, forcing vape manufacturers and retailers to use more expensive private courier services. This cost will likely be passed on to customers.

However, the Postal Service determined that the PACT Act exceptions cannot be applied to inbound or outbound international mail or mail to or from the Freely Associated States. The Postal Service cannot carry out the PACT Act's verification requirements in places where it does not interact directly with ‘shippers and addressees.’ This means that all cigarettes and smokeless tobacco in these cases will continue to be nonmailable, without exception, and the same will be true of ENDS products.

Mailing and shipping Complications

As you can imagine, The rule’s applications towards businesses and manufacturers, as well as other senders, was a significant area of discussion. The act states that approved shippers’ mailings have to allow for age and identity verification at delivery and must tender items in a face-to-face transaction either at a Postal Service retail office or at a Postal Service business mail acceptance location. The federal register clarifies this here;

“Those conditions include postal service verification of the sender and the recipients respective eligibility, as well as the recipients age and employee status;”

Businesses also have to undergo a complicated verification process, which the postal service has adopted. Potential senders have to submit an application in advance to the Postal Service’s Pricing and Classification Service Center - once verified, only then can the sender be considered. The exceptions, however, are causing chaos in the industry as thousands of potential senders are applying all at once for exemption. Due to the abrupt implementation of the rule, no grace period or leeway was provided for companies that did not apply before it came into effect.

B2B shipping seems to have been intentionally made difficult by Congress to be difficult. According to the rule, it requires senders to personally deliver packages to a post office which is almost impossible to do if numerous products are going out at once - making it impractical for B2B shipping altogether. This is leading to the complication of companies scrambling to find private mailers.

What does this mean for the industry?

There’s a huge cause for concern in the industry. Not only is this sending shockwaves through the vaping community for its sudden implementation, but it also means that companies are panicking and finding ways to mail illegally. Those who don’t align with the rules are still mailing products, knowing that their products may be seized. These are the same companies that have non-refundable policies and are negligently shipping THC-O products, too.

While this is not an all-out ban on online sales, most small vapor businesses do not have the infrastructure or ability to comply with these rigorous requirements. The inability to take the legal route explains why these companies are still taking extreme measures to secure themselves in the case of product seizing. Take, for example, this companies refund policy;

“Shipping charges are non-refundable.”, and “if [a refund] is requested it will be in the original form of payment.”

Another company stated the following in their return policy;

“Once we receive the items and approve the return, we will… issue the payments of the product if it is for a refund.”

Most return policies are careful to state that they will only issue refunds IF the products are returned to the sender, which is essentially impossible if they are seized. It is clear that companies are finding loopholes at the expense of their customers. We urge you to read more into the companies you are buying from. Any companies that continue to promise products despite the complicated regulations surrounding them should be approached with caution.

The continued ignorance of companies continues at the expense of customers like you; the question is, how far are they willing to go?

November 10, 2021
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THC-O: The New Illegal Substance

Cannabis lovers have watched highly anticipated, high-inducing cannabinoids divide the hemp industry for the last few months. With an ever-growing marketplace, hemp companies are looking for an edge, and some are turning to controversial, synthetic cannabinoids such as HHC and THC-O. Marketing the artificial compounds as "new,” "rare," or "extremely potent" without disclosing the facts - these compounds are neither legal nor safe. However, the bold claims presented by some companies are driving tremendous interest.

The cause for attraction is due to the higher potency of their therapeutic and psychoactive properties. The consequence of this is that sales of extracts are snowballing, which is why the unnatural, synthetic cannabinoid known as THC-O acetate is one of the substances gaining attention. The continuation of prohibition has been a catalyst to this kind of development of products that people would like to think are legal but are not. Not only are people being drawn to the higher potency, but there is a misbelief that higher potency substances bear higher benefits.

However, in this study, you can see that higher potency does NOT equal higher efficacy or improved benefits.

“Both A and B achieve the same maximum effect, i.e., they have equal efficacy.”

Drug A vs Drug B

THC-O acetate, or THC-O, is a synthetic analog of THC. That means that THC-O is not naturally occurring and can only be manufactured via modern cannabis tech. The main reason it’s gaining rapid popularity and becoming the topic of conversation is that it is said to produce effects three times stronger than conventional THC. This might seem exciting to the regular cannabis user, but on the contrary, it’s anything but exciting. THC-O’s potency and chemical composition suggest an uncertain future.

So, what is THC-O acetate, and how is it derived?

According to the United States Patent for THC-O;

Patent Exerpt

“Tetrahydrocannabinol (THC) in cannabis oil reacts with acetic anhydride under reflux to produce THC-O-acetate and acetic acid.”

The process requires material high in THC (typically includes 75-90% THC and 5% other cannabinoids). Specifically, the material that is needed to produce THC-O is THC Delta-9 Distillate. The method of making THC-O acetate is inherently dangerous. The acetic anhydride that's part of the process is highly flammable and potentially explosive. This has to be done in a technical lab, which adds additional layers of complication to an already toxic outcome.

The patent explicitly states the definition of THC as;

“A phytocannabinoid molecule that is found in the cannabis plant mostly in its acidic form, tetrahydrocannabinolic acid (THCA)...THC is known for its psychoactive effect when consumed or inhaled. It is more correctly known as delta-9-tetrahydrocannabinol.”

It then clarifies that THC levels in cannabis plants are typically very low, e.g., <2%. THC is known for its psychoactive effect when consumed or inhaled, and It is more correctly known as delta-9-tetrahydrocannabinol, not to be confused with other forms of THC such as Delta-8.

The patented process requires a reflux reaction between decarboxylated cannabis oil, which has a presence of THC, and acetic anhydride occurs, resulting in a crude product of THC-O-acetate. It then states that you can, in fact, utilize the process using other cannabinoids; however, the result is an entirely different variant and is not THC-O as some companies may be claiming it to be.

“As an alternative, the whole process may be applied for the acetylation of cannabinoids other than THC such as CBD, CBG, and CBN.”

What are its effects?

In the book ‘Marijuana Potency’ by Michael Starks, he classifies THC-O-acetate as 300% stronger than the THC we all know, which explains why many liken its effects to that of the psychedelic realm. Although few people have tried it, and little research has been done, it is spiritual and introspective. in the 1974 book Cannabis Alchemy: Art of Modern Hashmaking by Author D. Gold; he stated the following;

"The effect of the acetate is more spiritual and psychedelic than that of the ordinary product.”

While the exact effects aren’t widely known, we do know that it takes far longer for the user to feel its effects. The effects only activate and become noticeable once enzymes deacetylate the THC-O-acetate in the body, which is highly unusual compared to regular THC. After administration, the substance is metabolized, and only then are the effects felt - which makes it prodrug.

What is the history behind THC-O-acetate?

THC-O-acetate was first investigated between 1949 and 1975. It was being tested as a non-lethal incapacitating agent on dogs but was soon after found to be almost twice as strong as regular THC.

THC-O-acetate’s first encounter with the U.S. DEA was in 1978; the DEA expressed concerns that THC-O-acetate was being made analogously, similar to how heroin is made from morphine, but that was classified as an isolated incident, so the suggestion of making it a controlled substance was dropped. Similarly, in 1995, the United Kingdom ruled THC-O-acetate as a class A drug. It has only been until recently, around 2018 when the USA’s legal changes erased restrictions on the cultivation of industrial hemp.

So what exactly is the issue with THC-O-acetate?

Most labs cannot provide a potency analysis for THC-O. This poses a massive issue for the industry as a number of companies are selling ‘THC-O’ that is clearly not THC-O, and have no reference of standard from a credible 3rd party. ChemHistory, a credible lab used by many, explained that while they have the THC-O standard, they couldn’t quantify the exact target analyte of the analyzed sample because no CRM for this material currently exists.

“We do not have a certified reference for it. For reference, the THC-O-Acetate standard was provided by Cerilliant, who just developed this standard a few months ago.

ChemHistory is familiar with the standard for testing THC-O but cannot identify the exact analyte submitted (on-hand) because it’s not THC-O. On pg. 13 of the report, the tech analysis explains that the submitted isomer is similar in appearance but not THC-O and was likely created using something other than Delta-9 Distillate (required for producing THC-O). They state that if THC-O-acetate were the goal of this production, using THC Delta-9 distillate would have yielded higher and more accurate results.

“As you can see, this peak also has a very THC-O-Acetate spectral profile. However, its retention time is remarkably different. We suspect that this is either a THC-O-Acetate isomer or perhaps a different acetylated cannabinoid. Perhaps CBD-O-Acetate?”

Lab Report Page 13

As previously mentioned, the material that is needed to produce THC-O is THC Delta-9 Distillate. You can make similar isomers using other sources such as THC Delta-8 as opposed to D-9, but as mentioned in the tech notes (lab analysis above), the result is not the same. If THC Delta-8 is used as the source material, the result is CBD-O-Acetate, NOT THC-O-Acetate.

The main problem is that hemp companies do not have the licensing to possess Delta-9 distillate as this is a marijuana extract. Furthermore, if they attempt to create THC-O with a different base, such as THC-Delta 8, the result is CBD-O and not THC-O. Thus some may be using a "hemp-derived product," but in using the incorrect source material, They're mislabeling the product as THC-O when in-fact, it’s not.

What are some concerns about how THC-O-acetate may be used?

The fear of the fraud and illegality behind the substance is a top concern.

  1. As stated above in the tech notes, no standard currently exists for the material these companies are submitting - which means that hemp Companies cannot reliably report the potency of the CBD-O that they’re claiming to be THC-O.
  2. Hemp companies are marketing a THC-O isomer, or perhaps a completely different acetylate cannabinoid (as mentioned in the lab report) as THC-O, which is a blatantly false claim, and borderline fraud.

Our concern lies in the fact that companies are taking advantage of an uneducated marketplace for monetary gain. Pursuing higher potency has been an ongoing goal of the industry for years, but illegally creating a product and falsely marketing it as such is not accelerating the industry’s growth.

How are companies contributing to the problem?

For one, companies are exploiting "new" and "rare" cannabinoids at an alarming rate, using processes that are not standardized, dangerous, and toxic. A lack of research and regulation based on actual data means that mysteries about THC-O acetate are prevalent. A company should not be selling anything that is not backed by enough research or data. This means that companies are creating products with wide variations of quality due to the lack of data. As we saw from the lab report above, companies are likely getting far less pure of a product than what they’re marketing.

Companies exploit the miseducation in the industry and purposefully find loopholes in the legislation to pursue a dangerous, toxic, and illegal product. Companies should be well aware of the Federal Analogue Act, which states;

“any chemical "substantially similar" to a controlled substance listed in Schedule I or II to be treated as if it were listed in Schedule I.”

Products with THC-O exist in the marginal legal space between hemp, which is legal, and cannabis - which is not federally legal and is highly regulated in the states that allow it. THC-O needs to come under a state-regulated system before consumer consumption to ensure they can weigh the benefits themselves. With companies falsely advertising the end product - the consumer can’t understand and consider the risks and benefits. Companies should follow safe practices and perform their due diligence before offering the latest, but certainly not the greatest, cannabinoids.

The industry is complicated, but unlicensed hemp-derived products are undercutting the market and tarnishing the reputation of an industry that has spent decades building a focus around health and wellness. As a consumer, you should have complete confidence that what you’re buying is what you’re getting - and you should have comfort in the fact that your chosen company puts your health first. It’s up to you to educate yourself and stand against companies advocating for substances like this.

The daunting reality is; when companies are calling a substance something that it isn't, can you imagine what else they're not telling you?

Sources for further reading:

Lab report

Patent

October 31, 2021
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Delta-8 VS Delta-9. What’s the difference?

Delta-8 THC and delta-9 THC: they may sound almost identical, but their effects couldn’t be much more different.

It’s true — delta-8 isn’t nearly as similar to delta-9 as their names imply! Keep reading to learn more about the many differences between these two special cannabinoids. Here’s an outline of what we’ll be covering:

  • Cannabinoid chemistry 101
  • Delta-8 vs delta-9 THC: the similarities
  • Delta-8 vs delta-9: what the research says
  • Delta-8 vs delta-9 THC: anxiety
  • Delta-8 vs delta-9 THC: memory
  • Delta-8 vs delta-9 THC: mental effects
  • Delta-8 vs delta-9 THC: dosing strategy
  • Delta-8 vs delta-9 THC: mystery
  • Delta-8 vs delta-9 THC: legality
  • Delta-8 vs delta-9 THC: which is more common
  • Delta-8 drug testing: what you need to know
  • The best ways to take delta-8 THC
  • Where to find delta-8 products

Cannabinoid chemistry 101. Cannabis Plant

What is delta-8 THC? It’s known as an isomer of ‘regular’ delta-9 THC, meaning it has the same chemical composition but a slightly different chemical structure.

The National Cancer Institute has done intensive research on delta-8 THC; according to them, it’s defined as: [1]

“An analog of tetrahydrocannabinol (THC) with antiemetic, anxiolytic, appetite-stimulating, analgesic, and neuroprotective properties. [Delta-8] binds to the cannabinoid G-protein coupled receptor CB1, located in the central nervous system [...]. This [compound] exhibits a lower psychotropic potency than [delta-9], the primary form of THC found in cannabis plant.”

What’s an analog, you might ask? In the chemistry world, an analog is defined as “a compound having a structure similar to that of another compound, but differing from it in respect to a certain component.” In other words, delta-8 and delta-9 are super similar — but they differ when it comes to the position of a single chemical bond. [2]

Both cannabinoids have the exact same chemical structure, which is C₂₁H₃₀O₂. The only difference between them is the position of a double carbon bond; delta-8’s bond lies at the 8th position, while delta-9’s lies at the 9th. Intuitive enough, right?

blacktie 2

Delta-8 vs. delta-9 THC: how they’re similar

Let’s look at the similarities between delta-8 and delta-9 before diving deep into the differences. It turns out that these two cannabinoids have some similarities after all!

Both delta-8 THC and delta-9 THC may:

  • Get you high
  • Relieve anxiety/irritability
  • Increase hunger (aka give you the munchies)

Research also shows that both delta-8 and delta-9 may benefit cancer patients. In 1995 Dr. Raphael Mechoulam discovered that delta-8 decreased nausea in 100% of his cancer patients. These patients stopped vomiting entirely, even as their chemo dosages stayed the same. [3]

In fact, delta-8 may increase appetite even more than ‘regular’ THC does. No one has yet discovered an explanation for this.

One more similarity between these THC isomers for now: both can be modulated and ‘balanced out’ with other terpenoids and cannabinoids. The terpene beta-caryophyllene may be especially balancing, as it binds to CB2 receptors. If any sort of THC has gotten you too high, eating some black pepper (it’s rich in BCP) may be enough to bring things back under control!

Delta-8 THC vs delta-9 THC: what the research says

The structural differences between delta-8 and delta-9 means these cannabinoids bind to your brain’s receptors in different ways.

The biggest difference? Delta-8 do not have such psychoactive effects as delta-9 THC is. The high it produces is gentler and much more manageable. Users attest that delta-8’s high is smooth. Let’s zoom in a little closer on how this works.

Research shows that delta-8 THC can bind to both types of endocannabinoid receptors, CB1 and CB2. This makes it unlike CBD, which primarily binds to CB2, and unlike THC, which primarily binds to CB1. Delta-8’s dual binding affinity means it provides truly balanced mental effects. If it doesn’t promote homeostasis, we don’t know what does! [4]

Delta-8 THC vs delta-9 THC: anxiety

Research shows that delta-8’s gentle nature makes it less susceptible to anxious side effects than delta-9 is.

One 2018 study found that delta-8 THC didn’t have clear effects on heart rate or blood pressure. All in all, delta-8 is remarkably free from side effects. It tends to make people calmer and more relaxed. [5]

blacktie_3

Delta-8 THC vs. delta-9 THC: memory

Delta-8 also differs from delta-9 when it comes to its effects on cognitive function. While large amounts of delta-9 THC are known to decrease one’s working memory, delta-8 is different.

New research has shown that delta-8 may actually increase your brain’s acetylcholine levels, resulting in holistically improved cognition. [6] This property might make delta-8 products a boon to regular cannabis users — as such use may reduce acetylcholine levels over time.

Delta-8 THC vs. delta-9 THC: mental effects

As we explained earlier, the structural variance between delta-8 and delta-9 is slight. But this tiny tweak makes all the difference: it allows delta-8 THC to bind to a wider spectrum of physiological receptors than any other known cannabinoid. Delta-8 may bind to:

  • CB1 receptors in the brain
  • CB2 receptors in the peripheral body
  • CB3/GPR-55 receptors
  • Adenosine receptors
  • ‘Opioid’ receptors
  • TRPV1 receptors
  • TRPV2 receptors

This complex binding affinity makes delta-8’s effects equally complex. It’s uplifting...but not overly so. It’s relaxing...but it probably won’t give you couch-lock. All in all delta-8 presents what many users call a perfect blend of CBD and delta-9.

Delta-8 THC vs. delta-9 THC: dosing strategies

Delta-8 is milder and less side-effect-prone than delta-9 — and these upsides make it much easier to dose. Some experts refer to delta-8 as ‘THC lite.’ Even high doses of delta-8 THC can be enjoyed without anxiety, paranoia, or other wonky side effects. Many delta-8 users find that delta-8 actually enhances their productivity as they go about their daily activities.

Delta-8 THC vs. delta-9 THC: mystery?

While both delta-8 and delta-9 have been known about since the 1940s, ‘regular’ THC has been studied much more thoroughly. According to PubMed.com, delta-9 has been studied 30 times more than delta-8!

Product sourcing is also a problem when it comes to delta-8 THC research. Only small amounts of delta-8 are produced by cannabis or hemp, meaning that medical-grade products have had to be sourced via different means: chemical conversion. According to board-certified neurologist Dr. Ethan Russo, “delta-8-THC can be converted in a lab from cannabidiol (CBD) and Delta-9-tetrahydrocannabinol (THC).” Russo believes that most delta-8 is actually converted from CBD.

Thankfully, the tide is just starting to turn when it comes to d-8 research. The cannabinoid is finally being given the credit it deserves!

Delta-8 THC vs. delta-9 THC: legality

Legal status is one area where d-8 and d-9 couldn’t be much further apart. While delta-9 THC is illegal regardless of where it comes from, delta-8 is fully legal if it comes from industrial hemp.

You can thank the legal loopholes present in 2018’s Federal farm Bill for this difference. Per the Farm Bill, delta-9 THC is in a class of its own — it’s the only hemp-derived cannabinoid that isn’t legal.

Here’s some additional info courtesy of a top cannabis federal law firm: [7]

“[...] Delta-8 THC isomerized from CBD might fall into the category of a ‘semisynthetic,’ but the DEA rule does not touch on those, and because the 2018 Farm Bill included hemp derivatives within the definition of hemp plants, it appears, perhaps unintentionally, to be deemed hemp plants and not a controlled substance.”

In other words, the Federal government’s past restriction of cannabis research seems to have worked against them. At the time the Farm Bill was passed legislators simply weren’t aware that hemp plants contained so many psychotropic cannabinoids above and beyond ‘regular’ THC!

Delta-8 THC vs. delta-9 THC: which is more common?

Delta-8 and delta-9 have also followed different trajectories when it comes to their popularity.

While delta-9 THC has been enjoyed via cannabis plants for much longer than delta-8 has, the latter cannabinoid is rapidly becoming more popular. Delta-8 THC is now a top choice for those who live in states where cannabis is illegal. It has many of the same effects, after all!

Unfortunately, some states that outlaw cannabis products have since enacted their own delta-8 bans. NBC reports on this trend: [8]

blacktie 4

“In recent months, 14 states — Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Kentucky, Mississippi, Montana, New York, Rhode Island, Vermont, and Utah — have blocked the sale of delta-8, citing lack of research into the compound’s psychoactive effects. However, not all states see the compound as a health concern due to psychoactive properties. A section that would have banned delta-8 in Texas was struck from a state bill in May, keeping delta-8 THC legal in Texas.”

Delta-8 THC and drug testing: what you should know

While hemp-derived delta-8 THC is legal, using it could still cause legal repercussions. Why’s that? Because this isomer can sometimes be confused for ‘regular’ THC on some types of drug tests.

Delta8 THC might be legal, but its chemical and metabolic similarities mean that the average drug test just can’t tell the difference between it and Delta9.

As cannabinoid chemist Ian Bush explains:

“Drug tests typically test for metabolites left behind by consumption and not the chemical itself, and since [delta-8] bonds to the same receptors and gets metabolized the same way [as delta-9 THC], you get it.” [7]

Unfortunately for those of us who are subjected to drug tests, virtually all THC isomers become broken down into the same metabolites —  whether these isomers are legal or not.

In other words, delta-8 THC, delta-9, THCa, THCv, and 11-Hydroxy THC all ‘look’ like THC to standard point of care drug tests, because all of them produce the metabolite THC-COOH.

Consider talking to your employer personally if you’re concerned about the possibility of a false positive. Simply let them know you’re taking delta-8 THC and explain why that could throw off your next drug test result. And don’t worry: federally legal precedent is on your side. If you do end up with a false positive, confirmation testing will be able to correctly distinguish between other cannabinoids and affirm that you didn’t do anything illegal.  

The best way to take delta-8 THC

All these differences aside, let’s take one last look at the similarities between delta-8 and delta-9. Why? Because the best way to take delta-8 is also the best way to take delta-9: the tincture.

It’s true — taking delta-8 THC via tincture is a great way to go. Tinctures possess several benefits over other delivery methods:

  • They kick in fast
  • They kick in powerfully
  • They have high bioavailability
  • They can be dosed according to your feelings (via biofeedback)

Where to find delta-8 THC products

Other types of delta-8 THC products can be pretty great, too. One can find premium d-8 at dispensaries, health food stores, and hemp shops. You can also obtain small amounts of delta-8 THC through full spectrum CBD products.

But taking the local route is just one way to enjoy delta-8 THC. You can also find premium delta-8 online! Here are a few product ideas.

Delta-8 THC gummies

Our mango delta-8 gummies provide 50 milligrams of delta-8 each — they really pack a punch! In addition to being delicious, these gummies are all-natural, vegan, and gluten-free. If you’re looking for something potent, this is it.

Delta-8 THC moonrocks

Delta-8 infused moonrocks are one of the most unique delta-8 products available on the market today. They’re a twist on the classic high-THC moonrock, which is comprised of cannabis buds coated in distillate and then powdered with isolate.

Our infused moonrocks feature Bubba Kush hemp flower, coated in delta-8 distillate and then truly coated with 99.9% pure CBD isolate. Getting into the right headspace has never been easier.

Delta-8 vape

D-8 vape cartridges present a wonderful way to experience the entourage effect. Our  "Ultimate Trifecta" cartridges contain CO2-extracted CBD distillate, high-CBG hemp plant extract, and delta-8 distillate in a super convenient format! This combination is designed to fully activate the entourage effect and have you feeling amazing. It even tastes delicious — the flavor is natural and subtly sweet.

Other delta-8 products

Check out Black Tie’s full selection of delta-8 THC products here. There’s something for everybody!

Delta-9 vs. delta-8: summing things up

Delta-9 and delta-8 sound pretty similar, but they couldn’t be much more different. Many people that delta-8 THC provides an impressive amount of inner balance — and a hefty dose of good vibes.  

In other good news, delta-8 THC remains legal in most of the United States. It can be freely enjoyed by anyone over the age of 18 who wants to feel better. Discover the delta-8 difference for yourself today.

FAQ

Delta-8 VS Delta-9. What is the difference?

Delta-8 THC is the primary active ingredient in cannabis, first isolated by Dr. Raphael Mechoulam in 1964. Delta-9 THC is 'weaker' than Delta-8 because it has a lower binding affinity to the cannabinoid receptor CB1 that mainly mediated the psychoactive effects of smoking or eating cannabis. Both are very similar molecules but Delta-9 is missing a Carbon atom.

Is Delta 8 just as good as Delta 9?

Delta-9 is more psychoactive on its own than Delta-8, but when they are both combined in equal amounts one can experience the same effect. One of the most common combinations is 1 gram of hash oil (a 20:1 ratio) mixed with 0.5 grams of regular (decarboxylated) cannabis which contains mainly THC-acid (a 1:20 ratio). This means that the hash oil is 10 times stronger than regular weed.

Why is Delta 8 legal and not Delta 9?

The reason for this is that Delta-8 is legal because it does not have the same 'psychoactive' or 'intoxicating' effects on users.

Is Delta 8 legal in all states?

No, it is only legal in some states: Arizona, Delaware, Florida, Illinois, Indiana, Iowa (only for people who suffer from epilepsy), Kentucky, Louisiana, Maryland (for research purposes only; patients taking the drug must be registered with the health department and be prescribed medical marijuana by a doctor who has an established relationship with you), Minnesota, Mississippi, Missouri, North Carolina, Ohio (only for people who suffer from epilepsy), Oklahoma, Pennsylvania, South Dakota, Tennessee, Utah, and Wisconsin.

October 13, 2021
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Is CBD Oil Legal in Tennessee?

Have you been looking for a good source of CBD oil in Tennessee?

Or maybe you already have a good source...but just want to make sure that your CBD oil is legal in Tennessee?

Regardless, this article is designed to help! In it we’ll be looking at the in’s and out’s of the state’s CBD laws.

  • CBD in Tennessee
  • Is CBD legal in Tennessee?
  • Cannabidiol oil: legal in Tennessee?
  • Tennessee CBD laws
  • CBD oil Tennessee
  • Pure CBD oil Tennessee Nevada
  • Buy CBD Tennessee
  • How to find premium CBD in Tennessee
  • How to order CBD online in Tennessee
  • CBD products in Tennessee

CBD Tennessee: the basics

CBD oil and other hemp derived CBD products are fully legal in Tennessee — and they have been since 2018. What started off as a misunderstood substance has now become one of the very most popular health/wellness products in the state.

Today Tennessee residents have access to all sorts of hemp derived CBD products, including:

  • CBD oil
  • CBD vapes
  • CBD topicals
  • CBD capsules
  • CBD tinctures
  • CBD pet products
  • CBD transdermals
  • High-CBD hemp flower
  • CBD-infused skincare products
  • CBD mattresses (yes, really!)

Other hemp-derived cannabinoids are legal in Tennessee, too. Some of these cannabinoids are actually psychotropic, meaning they have mentally uplifting effects. The highlights include:

  • Delta-8 THC
  • Delta-10 THC
  • HHC (Hexahydrocannabinol)

How’d we get here? Let’s take a deeper dive into the history of Tennessee’s hemp and cannabis laws.

Is CBD legal in Tennessee?

CBD oil in Tennessee: legal history

The plant responsible for CBD oil, hemp, has a rich history in Tennessee. Here are some interesting factoids from a state government site: [1]

“By the mid-1600s, hemp had become an important part of the Colonial economy.”

“Hemp was widely grown in Revolutionary War times, as it was strategically important for maritime use for lines, rigging, sail canvas and caulking on ships…”

“The history of hemp production Tennessee dates to the early 19th century with the arrival of pioneer families.”

“‘Hemp grows luxuriantly upon our River Bottom Lands, but has hitherto been neglected; although it is believed to be more profitable than any other crop that can be raised,’” reported Tennessee Farmer Donald Winters around 1840.

“In 1852 the Navy built a rope factory in Memphis with the intention of purchasing hemp from Tennessee and Kentucky growers, but the project was eventually abandoned.”

“According to the 1850 U.S. Census, Tennessee produced 454 tons of dew-rotted hemp and 141 tons of water-rotted hemp.”

“[...] Hemp was widely grown throughout Middle Tennessee [...] Bedford, Coffee, Jackson, Marshall, Maury, Sumner and Williamson counties were particularly noted for having suitable soils for hemp production.”

“In the 1870 census, Sumner County (including present-day Trousdale County) reported producing 150 tons of hemp.”

“Along with Missouri and Illinois, Kentucky farmers produced most American hemp until the late 1800s [...].”

Long story short, Tennessee’s mountain-nourished soil and temperate climbing made it a major cash crop in the 1800s and early 1900s. It wasn’t until the 1930s that hemp was banned by state legislators.  Thankfully the plant has experienced quite a resurgence in recent years! Let’s take a look at how that happened.

CBD oil in Tennessee: the 2014 Federal Farm Bill

In 2014 the federal government passed its very first pro-hemp Farm Bill. This Bill empowered states to begin their own ‘pilot programs’ to grow and study hemp. These pilot programs were given to state universities and their researchers. In other words, hemp cultivation was now legal — but only in certain situations, by certain people.

Retail CBD sales fell into a legal gray area. While some CBD companies successfully argued that the Farm Bill made their products fully legal, other CBD companies were targeted and stopped by the FDA. Anybody who wants to use the oil, which is extracted from the marijuana plant, will have to obtain a prescription from a doctor licensed in Tennessee.

CBD oil in Tennessee: the 2018 Federal Farm Bill

2018’s Federal Farm Bill took CBD to a whole new level. This Farm Bill widened the scope of pilot programs by allowing anyone with a special license to grow hemp. All of a sudden, hemp and its derivatives became mainstream!

CBD Tennessee

From 2018 forward, all sorts of hemp-related products and activities were now legal:

  • Hemp cultivation
  • Hemp processing
  • Hemp extraction
  • Hemp testing
  • Hemp retail sales
  • Hemp-derived CBD
  • Hemp-derived CBG
  • Hemp-derived CBN
  • Hemp-derived delta-8 THC

Since 2018 Tennessee’s CBD market has simply skyrocketed. CBD use has gone up each year since then. Let’s look at the details behind CBD oil’s rise.

Is CBD oil legal in Tennessee?

Cannabidiol oil — more commonly known as CBD oil for obvious reasons — is fully legal in Tennessee.

CBD oil and other products still need to meet a few critical conditions to be legal, however:

  • Must be derived from industrial hemp containing less than 0.3% THC
  • Must contain less than 0.3% THCa according to lab tests
  • Must contain less than 0.3% THC according to lab tests
  • Must be tested and approved via third-party lab tests

Tennessee CBD laws

Now that we’ve covered the basics, let’s dive a little deeper into several more specific CBD legality topics.

  • Tennessee hemp farming laws
  • Tennessee CBD sales laws
  • Tennessee recreational cannabis laws
  • Tennessee medical cannabis laws

Tennessee hemp farming: boom or bust?

The Tennessee hemp farming scene is booming. “Tennessee has been a hemp state for a lot longer than it hasn’t been one,” attests the Nashville Scene in their Cannabis Issue 2021. “In 2015, there were 44 licensed growers. By June 2020, there were 3,359 [...].” The state ended up licensing almost 16,000 acres for hemp — far more acres than tobacco. [2]

“With the massive growth in hemp production came concerns from established farmers that inexperienced growers are getting into the game and diluting not only profitability but quality,” Nashville Scene goes on to explain, “but the state says most Tennessee hemp farmers have been farmers for more than 15 years.”

But this hemp farming boom has come with plenty of challenges. “Growing [hemp] for CBD and Delta-8 is a more difficult process than simply growing for fiber, as pollination and seed-to-flower times are a bigger concern. Furthermore, all CBD-producing hemp must be grown organically by federal law because there are no approved pesticides for the plant. But it’s easier to be profitable on a small operation with the extracts than it is with fiber, so the juice is worth the squeeze (so to speak).”

“The industry is still in its infancy and exploratory phase,” attests a hemp farmer who was interviewed by Nashville Scene. “Rules are changing left and right. We have a very close relationship with the Tennessee Department of Agriculture. We have them come in periodically to tell us what’s changed and what we need to know.”

Tennessee CBD sales laws

For the most part, CBD sales in Tennessee are unrestricted. You don’t need a license or permit to sell CBD (CBD edibles, which are regulated more closely by the FDA, might be one exception).

Ordering CBD online is also a breeze for Tennessee residents. You can have virtually any type of CBD product, including CBD oil, shipped to your house legally.

Is weed legal in Tennessee?

While hemp and CBD are booming in Tennessee, high-THC cannabis is a totally different story.

The Tennessee government has made it clear that they side with Federal statutes regarding cannabis’s legal status. According to them, cannabis is:

  • Highly addictive
  • Likely to be abused
  • Devoid of medical properties
  • Unable to alleviate any health conditions
  • Dangerous, particularly to pregnant/nursing women
  • Unable to be used safely, even under medical supervision

New research shows that the above beliefs are more propaganda than established science...but cannabis remains illegal in Tennessee nonetheless.

Medical cannabis in Tennessee

On the bright side, Tennessee does have a fledgling medical cannabis program.

As of May 27th of this year the state’s medical cannabis program has expanded from epilepsy-only to include a larger number of qualifying conditions. These conditions include:

  • Alzheimer’s disease
  • Amyotrophic lateral sclerosis (ALS)
  • Cancer (when such disease is diagnosed as end-stage or the treatment produces related wasting illness, nausea, and vomiting, or pain)
  • Inflammatory bowel issues, including Crohn’s disease and ulcerative colitis
  • Epilepsy or seizures
  • Multiple sclerosis
  • Parkinson’s disease
  • Sickle cell disease
  • HIV/AIDS

Medical cannabis patients have access to medical-grade CBD products containing up to 0.9% THC — up from the 0.3% allowance given to the general public.

Business news site JD Supra explains more: [3]

:[...] patients diagnosed with a qualifying condition must have a letter from a doctor licensed to practice in Tennessee attesting to the patient’s qualifying medical condition, specifying the specific condition, and stating that conventional treatments to address this condition have been ineffective.  This letter is valid for a maximum of six months from the date of the doctor’s signature.”

But even this medical cannabis program comes with some unknowns. While Tennessee residents are allowed to possess higher-THC CBD oil, for example, there’s no clear way for them to actually acquire it! Some residents have had to resort to sourcing their products from illegal growers out of state.

Best Cannabis Strains

How to find premium CBD in Tennessee

To sum up the above sections, CBD oil is fully legal in Tennessee. And higher-THC cannabis oil is legal to a select few medical cannabis patients.

These topics established, let’s move on to a new topic: how to find premium CBD for yourself.

Where to find CBD locally

CBD oil and other CBD products can be found at a variety of different businesses.

Health food stores, grocery stores, gas stations, and specialized CBD shops may all carry the type of products you’re looking for — though we don’t advise getting CBD from your local gas station. Several analysis studies have found that CBD products are frequently mislabeled. Your health matters, so opt for a more trusted source!  

How to determine if your CBD oil is premium

How do you determine whether CBD oil comes from a trusted source or not? There are several factors to consider:

  • Is the CBD oil made in America?
  • Is the CBD oil made locally in Tennessee? (That may be even better.)
  • Is the CBD oil full spectrum, or made from cheaper isolate?
  • Is the CBD oil tested by third-party, independent labs?
  • Is the CBD oil tested in-house by its manufacturer?
  • Are any lab tests available online for consumers to view?
  • Is the CBD oil certified by any outside sources?
  • Is the CBD oil certified organic?
  • Does the CBD have good reviews?
  • Do any medical professionals stand behind the CBD or brand?

CBD oil: why product type matters

Another factor to consider? What type of cannabis oil is right for you. There are three primary types of CBD oil available today:

  • Full spectrum CBD (contains CBD, THC, terpenes, flavones, and more)
  • Broad spectrum CBD (contains CBD, no THC, terpenes, flavones, and more)
  • CBD isolate powder (contains just CBD, nothing else)

If you’re new to CBD oil we recommend starting with the most tried-and-true type of CBD oil of all: full spectrum CBD oil. This type contains everything your body needs to experience the entourage effect and access full-body balance. Research has shown that full spectrum may be up to four times more powerful than an equivalent amount of CBD isolate! [4]

Feel free to experiment with different types of cannabis oil to get a better feel for what works for you. And don’t forget: learning more about your body and growing healthier is a process that’s meant to be enjoyed.

At Black Tie CBD we specialize in uniquely strong CBD oils. We’ve been growing premium high-CBD hemp strains since 2014. You can read more about our backstory here. You can buy CBD Oil in our store now!

How to order CBD online in Tennessee

Now that you know what to look for before purchasing CBD oil online in Tennessee, let’s move on and look at how to shop for premium CBD products online.

CBD products in Tennessee

Black Tie’s online CBD shop offers premium CBD oils, ranging from low-strength broad spectrum products to ultra-concentrated CBD pastes. And that’s just the start. We also carry:

  • Smokeable CBD products
  • Smokeable CBG products
  • Smokeable CBN products
  • CBD vapes
  • CBG vapes
  • CBN vapes
  • CBD concentrates
  • CBD isolate powders
  • CBD capsules and pills
  • Edible CBD products

CBD in Tennessee: Summing things up

Long story short...our online Black Tie CBD store offers it all. If you’re ready to experience Tennessee’s best, shop with us today!

After all, hemp-derived CBD oil is 100% legal in Tennessee. You don’t need a medical card, license, or doctor’s referral to experience its power. All you need is an inner desire to feel better and attain optimal health.

FAQ

Is CBD legal in Tennessee?

CBD in Tennessee is now legal, but only if the CBD comes from hemp. The Tennessee Industrial Hemp Commission has created rules that allow for cultivating hemp with less than 0.6% THC concentration. This makes CBD products derived from industrial hemp legal to purchase throughout Tennessee.

How old do you have to be to buy CBD in Tennessee?

You must be 18 years of age to legally purchase CBD in Tennessee, which is the same as other states that have legalized CBD.

Where can I buy CBD Oil in Tennessee?

The possession of CBD products that contain less than 0.6% THC is completely legal in the state of Tennessee and you can buy it in different CBD Stores. You can also buy CBD Products at home online in Black Tie CBD Store! Try it now!

What license do I need to sell CBD in Tennessee?

Any person who grows hemp in Tennessee, regardless of the quantity, is required to have a hemp grower license.

October 12, 2021
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