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Black Tie CBD products are in compliance with federal law and there for legal according to the following:
2018 Farm Bill & USDA Final Rule
In December of 2018, the 2018 Farm Bill was signed into law. It removed hemp, defined as cannabis (Cannabis Sativa L.) and derivatives of cannabis with extremely low concentrations of the psychoactive compound delta-9-tetrahydrocannabinol (THC)(no more than 0.3 percent THC on a dry weight basis), from the definition of marijuana in the Controlled Substances Act (CSA). The 2018 Farm Bill defines hemp as “any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers with no more than a .03% concentration of delta-9”. [1]
Additionally, Black Tie CBD complies with the USDA Final Rule [2] , which indicates that a hemp crop is considered to be compliant if it is tested no more than thirty (30) days prior to harvest using a postdecarboxylation method and the results show that the delta-9 THC value does not exceed 0.3% on a dry weight basis: [3]
“Postdecarboxylation. In the context of testing methodologies for THC concentration levels in hemp, means a value determined after the process of decarboxylation that determines the total potential delta-9 tetrahydrocannabinol content derived from the sum of the THC and THC-A content and reported on a dry weight basis. The postdecarboxylation value of THC can be calculated by using a chromatograph technique using heat, gas chromatography, through which THC-A is converted from its acid form to its neutral form, THC. Thus, this test calculates the total potential THC in a given sample. The postdecarboxylation value of THC can also be calculated by using a high-performance liquid chromatograph technique, which keeps the THC-A intact, and requires a conversion calculation of that THC-A to calculate total potential THC in a given sample.” [4]
The postdecarboxylation value for THC, as described above, is synonymous with the Total THC in a hemp sample. For this reason, it is clear that a pre-harvested hemp crop is not compliant unless its Total THC concentrations do not exceed 0.3% on a dry weight basis. [5]
Total THC Is Not Applicable to Harvested Hemp
The USDA Final Rule [6] only governs hemp production and not the regulation of hemp distribution or hemp products which are governed by the Food and Drug Administration Farm Bill. Therefore, after post-harvest, the USDA has no further jurisdiction over the hemp crop leaving the Food and Drug Administration (FDA) as the only other agency with the authority to regulate the hemp crop. The sole authority on post-harvested hemp is the Farm Bill and its definition specifically defines hemp in terms of its delta-9 THC concentration, not its Total THC content. [7]
One of the key aspects that allows for a higher concentration of THC-A is that during the thirty (30) day harvest window in which a hemp crop must be tested for THC concentrations, the plant’s cannabinoid concentrations, including THC, continue to increase. [8] For this reason, pre- harvest hemp which has been tested and determined to be compliant may have total THC concentrations that exceed 0.3% when harvested. With that being said, the hemp crop will remain compliance with FDA’s 2018 Farm Bill regulations as long as its delta-9 THC concentration does not surpass 0.3%
DEA Regulation of Hemp and Hemp Products
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 “marihuana” 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. [9]
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 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. [10]
This ruling makes it clear that Black Tie CBD is allowed to transport and ship hemp or hemp products as long as the products are produced in compliance with the 2018 Farm Bill by not exceeding a delta-9 THC concentration of 0.3% on a dry weight basis. Additionally, Black Tie CBD products will not shipped to states with regulations that have enacted a “Total THC” testing requirement imposing limitations on the requirements set out in the 2018 Farm Bill.
Black Tie CBD Federal Product Compliance
Based on the 2018 Farm Bill, USDA Final Rule, and DEA regulations, Black Tie CBD’s products which contain delta-9 THC concentrations do not exceed 0.3% and are not controlled substances under Federal law. The above rules and regulations specifically define hemp in terms of its delta-9 THC concentrations, not its Total THC content meaning Black Tie CBD products are in full compliance for retail sales and distribution.
SHIPPING INFORMATION
At Black Tie CBD we work hard to process your order as quickly as possible. In some instances, processing time can take up to 72 hours. Please allow up to 72 hours to receive your package(s) tracking information.
The following shipping methods are available:
- First Class Mail (3-5 business days)
- Priority (1 to 3 business days)
- Priority Mail Express (1-2 business days – Guaranteed)
- Free Shipping – BT_VIP (Orders with a subtotal over $100 ship via Priority Mail for FREE!)
IMPORTANT: Please be advised that all suggested delivery times are estimated and NOT GUARANTEED. Shipping charges are NON-REFUNDABLE on First Class and Priority parcels.
The ONLY GUARANTEED SERVICE is Priority Mail EXPRESS. If a PRIORITY MAIL EXPRESS package arrives later than the expected time of arrival, as stated on USPS.com, the cost of the Priority Mail Express label can be refunded upon request.
Also note that business days do not include weekends or holidays and there is no weekend or holiday delivery for any shipping methods. We do ship to U.S. Territories and APO/FPO. Unfortunately, we do not ship outside of the United States at this time.
Orders received on Saturday after 1:00 PM (PST) will ship within 48 hours (on Monday, unless it is a Post Office Holiday). Cut off time for Express delivery orders to be shipped the same day is 10:00 AM (PST).
FIRST CLASS PACKAGE:
First Class Mail will be processed within 6-72 hours, not including Sundays or holidays and should arrive within the continental United States in 3-5 business days once shipped from our location, depending on delivery location. For example, orders shipped to California may be delivered in 3 to 5 business days, whereas the orders shipped to some east coast states may be delivered closer to 5 or 6 business days. All the rates for first-class mail delivery are generated in real time by the United States Post Office (USPS.com) and shown to you during the checkout process. We do not add surcharges to the live USPS shipping rate. All orders must have a valid street address verifiable by USPS to be delivered successfully.
PRIORITY MAIL:
Priority Mail will be processed within 6-72 hours, not including weekends or holidays and should arrive within 1-3 business days once shipped from our location. Orders shipped within the continental United States should arrive within 2 to 3 business days (may arrive sooner in California). All orders must have a valid street address verifiable by USPS to be delivered successfully.Note: Free shipping (BT_VIP) is offered for purchases over $100, If you select this option, we cannot guarantee your delivery or accept any liability for lost, stolen, or delayed orders. In the case this occurs we recommend that you address this with your local post office.
PRIORITY MAIL EXPRESS:
Priority Mail Express will be processed within 6-72 hours, not including weekends or holidays and guaranteed by USPS to arrive within 1-2 business days once shipped from our location. All orders must have a valid street address verifiable by USPS to be delivered successfully.
SHIPPING RATES:
All domestic shipping rates are generated automatically by USPS.com and may vary from location to location. You will be able to review the shipping rates before your order is completed and the payment is applied.
Unfortunately, we do not ship our products outside of the US.
CUSTOMER SHIPPING RETURN POLICY
The Black Tie Group, LLC DBA Black Tie CBD
This policy confirms Black Tie CBD Products are federally legal for customer shipping in accordance with the 2018 Farm Bill, USDA Final Rule, and the DEA Final Rule. Black Tie CBD products contain less that 0.3% delta-9 THC which is federally legal as described in the following legislative bills and rules, which establish the legal framework allowing customers to ship Black TieCBD products.
2018 Farm Bill
In December of 2018, the 2018 Farm Bill was signed into law. It removed hemp, defined as cannabis (Cannabis Sativa L.) and derivatives of cannabis with extremely low concentrations of the psychoactive compound delta-9-tetrahydrocannabinol (THC) (no more than 0.3 percent THC on a dry weight basis), from the definition of marijuana in the Controlled Substances Act (CSA). The 2018 Farm Bill defines hemp as “any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers with no more than a 0.3% concentration of delta-9”.1
DEA Interim Final Rule (IFR)
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.
1 7 U.S.C. §1639o(1)
2 https://www.govinfo.gov/content/pkg/FR-2020-08-21/html/2020-17356.htm
3 https://uscode.house.gov/statviewer.htm?volume=132%page=4914#
All (THC dominant) Cannabis is naturally high in THC-A. THC-A is the acidic precursor to THC Delta-9 and naturally forms prior to Delta-9 during the lifecycle of the cannabis plant. THC-A also converts to THC Delta-9 through Decarboxylation, or heat.
Yes, through the process of decarboxylation, THCA can convert into THC Delta-9, which is psychoactive. Therefore, after undergoing decarboxylation, THC-A flowers will produce euphoric effects when combusted (smoked).
Decarboxylation is a chemical process that occurs when cannabis is heated, either by smoking, vaporizing, or baking. This process converts non-psychoactive cannabinoids, such as THC-A (tetrahydrocannabinolic acid), into psychoactive cannabinoids, such as THC (tetrahydrocannabinol).
In the case of marijuana, THC-A is the acidic precursor to THC. THC-A does not have psychoactive effects on its own. Still, when exposed to heat through decarboxylation, it loses a carboxyl group (COOH) and becomes THC, the psychoactive compound responsible for the "high" associated with marijuana consumption.
Decarboxylation typically occurs when cannabis is heated to a certain temperature, usually around 220°F to 240°F (104°C to 115°C), for a specific amount of time. This process activates the cannabinoids present in the plant material, making them available for absorption by the body when consumed.
In summary, decarboxylation is essential for unlocking the full potential of marijuana's psychoactive effects by converting THC-A into THC Delta-9 through the application of heat.
Yes. We have listed the steps below to be considered for a wholesale account.
Step 1 - Let us know about your company by emailing us at support@blacktiecbd.net We will need the following information if applicable.
- Copy of valid business license and seller’s permit
- FEIN Letter from IRS (Form SS-4)
- Business Name & Location
- Contact Name Phone Number
- Email Address
- A brief description of the type of business (i.e. retail, spa, dispensary, distributor, etc)
Need help? We’re here for you, and ready to answer your questions.
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