The USDA just descheduled tetrahydrocannabinol (THC) | Hacker News Reader

The USDA just descheduled tetrahydrocannabinol (THC)

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50 pointsAnon849 comments

Supposedly, there's progress in the Second Circuit to compel the DEA to deschedule all cannabinoids. Irrespective of the outcome of that, the handwriting is on the wall but it will take some time regardless.

More details on that here: https://www.cannalawblog.com/cannabis-litigation-second-circ...

For someone who has better insight into this --> What is the expected path towards legalization of marijuana (from a bureaucratic point of view?)

The major breakthrough would be rescheduling marijuana from a schedule I drug to schedule II or higher (out of 5). The main difference between schedule I and the others is that schedule I drugs are believed to not only have a high potentinal for abuse (debatable, but under some circumstances correct regarding THC) but that they also have ZERO medical benefits (the recent advent of CBD based treatments, and pain relieving benefits as a contrast to opiods well to dispel this notion).

Additionally, schedule 1 drugs face unique prejudice in law enforcement / legal system, for instance you can't deduct schedule I drug production expenses from your income, and IIRC there's something about it that makes it more precarious for banks to work with.

If Marijuana were a schedule II through RX only drug, the manufacturers could write off their expenses, and it'd be much easier for banks to handle marijuana money.

If I'm reading the article correctly, the author argues that it is no longer a scheduled drug. "Hemp" was previously de-scheduled, and the USDA now says "hemp" can contain any amount of THC, which would in turn make THC legal.

That's the USDA though. The Controlled Substances Act still makes the Department of Justice responsible for enforcement, not the Department of Agriculture.

Seems like quite the legal reach to say that, because the USDA permits it, THC is totally legal. More like I expect we'd get inequal enforcement and conflict and the CSA + DEA will probably win it.

I don't see where the USDA opinion supports the author's argument that the USDA now says "hemp" can contain any amount of THC. The opinion states that the THC in hemp is no longer a scheduled drug but the definition of hemp in the farm bill limits the amount of THC in the plant or derivative to no greater than 0.3% by dry weight. If the plant or derivative contains a higher percentage it is no longer hemp but marijuana and no longer subject to the "THC in hemp" non-scheduling.

As another person posted, cannabis with more than .3% THC is marijuana which has not been descheduled.

However, pure THC has been descheduled (regardless where it has been derived from?).

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