Allay Consulting September Newsletter: Encouraging Comments on DEA’s Interim Final Ruling

​Encouraging Comments on DEA’s Interim Final Ruling

If you are involved in the marijuana or hemp industry, chances are you’ve already heard or read the DEA’s Interim Final Ruling for hemp products. Overall, there are two major contentious topics for discussion.

The first issue is THC levels in WIPHE. Yet another acronym for the industry, WIPHE stands for “Work in Progress Hemp Extract.” The controversy is that WIPHE is no longer considered hemp, but a Schedule 1 Controlled Substance if the potency is over 0.3% at any point in the processing of hemp. For most, THC levels above 0.3% for in-process extracts are unavoidable and should not be illegal since in-process extracts are not intended for consumer sale. It’s common practice to further separate cannabinoids, dispose & track THC per state marijuana or hazardous waste guidelines, dilute product, test final end product for amounts of THC, etc. This rule puts hemp extractors and producers at risk of unlawfully creating “marijuana” and therefore could be legally incriminated. Technically this has always been the case, but this is the first time that the DEA has put it explicitly into their rules, which makes it much easier for them to enforce.

The second issue that many are upset about is banning delta-8 THC from hemp production facilities. This isn’t new either, but putting this in writing makes it easier for the DEA to enforce this as well. If you are producing any THC product no matter what form it is in, you need to have a state THC Cannabis license to be able to sell THC product to the public.

For anyone who works in the CBD/Hemp industry, this could directly impact your business, including companies who handle product and ancillary businesses. It is our responsibility to educate lawmakers and to help make change to this ruling.

If the rule causes concern for you, direct that energy to making change. The industry can make a difference, submit a comment!! Your opportunity to make a comment closes on October 20th. Steps for making a comment are noted below. Share these steps to make a comment to your colleagues, industry stakeholders, your golfing partner, a neighbor, anyone who sees the benefit in submitting a comment.

  1. Go to
  2. Select the blue “Comment Here!” button in the upper right area of the page
  3. Type your comment – must reference “RIN 1117-AB53/Docket No. DEA-500”
  4. Be sure to complete the comment submission

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