On August 21, 2020, the DEA published its Interim Final Rule (IFR) to further clarify that hemp and hemp products are not controlled substances. In order to meet the definition of “hemp”, and thus qualify for the exemption from Schedule I, the derivative must not exceed the 0.3% delta-9 THC limit. The definition of “marijuana” continues to state that “all parts of the plant Cannabis Sativa L.” and “every compound manufacture, salt, derivative, mixture, or preparation of such plant,” are Schedule I controlled substances unless they meet the definition of “hemp” by falling below the 0.3% delta-9 THC limit on a dry weight basis. 2

This ruling confirms that products distributed by Black Tie CBD are not controlled substances as long as their delta- 9 THC concentrations do not exceed 0.3% on a dry weight basis.

Lawful Transportation and Shipping of Hemp Products in Interstate Commerce
 
The 2018 Farm Bill legalized industrial hemp at the federal level and included a provision that makes it illegal for states to prohibit the interstate transportation of hemp and hemp products as follows: No State or Indian Tribe shall prohibit the transportation or shipment of hemp or hemp products produced in accordance with subtitle G or the Agricultural Marketing Act of 1946 (AMA (as added by section 10113) through the State or the territory of the Indian Tribe, as applicable. 3

This ruling makes it clear that Black Tie CBD and customers of Black Tie CBD are allowed to transport and ship hemp or hemp products lawfully in commerce as long as the products are produced in compliance with the 201 Farm Bill by not exceeding a delta-9 THC concentration of 0.3% on a dry weight basis.