Nobody likes nitpicking over the numbers, but in today’s world, it’s better to be safe than sorry. Here’s the full guide to posting concentrates with small or questionable levels of THC on kush.com
The Legal Opinion
Right from the legal team, here’s the guidance we’re operating under;
Any product over .3 THC is not legally hemp and the seller and buyer face serious problems. This is especially true if the product is shipped across state lines.
If a producer can dilute the product so that it is compliant, then ok. However, if the product has been diluted, the seller should be listing the end result and NOT advertise a hot product.
Kush should not allow non compliant products on the site.
This is also true for hot edibles, etc. Doesn’t matter what the product is if the result is more than .3 THC.
Our Recommendations
You can still list your Full Spectrum concentrates on kush.com!
(most common example)
If you have products over .3% THC you’ll need to make them federally compliant before listing on kush.com. Most commonly, this takes the form of diluting concentrates until they consistently test under the .3% limit.
This should be a familiar process for processors that have shipped full spectrum oils in the past. The only difference now, is that you need to provide the Clean ready to ship COA on your kush.com listing instead of the Hot results prior to dilution.
Total THC or Delta 9 THC?
We’ve established that you’ll need to make your products compliant for shipping before posting on Kush. But even that gets tricky since 2018 when each state has different interpretations of the 2018 Farm Bill, and it’s definition of .3% THC.
For example, Arizona specifically names Delta 9 THC in their interpretation; “total concentration of Delta-9 THC”, while Oregon is very specific about their Total THC requirements; “the molar sum of THC and THCA”.
Where does Kush.com fall? Again, here’s what the legal team specifically;
For Kush, a product needs to be identified as TOTAL THC or delta-9 THC so the buyer can make their own decision for their state and whether the product will be shipped across state lines, etc. The COA should most certainly contain this information.
I would not think that Kush needs to “ban” [Total THC >.3%] yet as it is still legal in numerous places, but full disclosure does need to occur.
Moving Forward
Here’s a quick checklist for posting your questionable product on kush.com;
- Is the product over .3% Delta 9 THC?
– You cannot post on kush.com, until the product is federally legal - Is the product under .3% Delta 9 THC, but when THCA x .877 is added would equal over .3% Total THC? (should be listed on test results)
-You can post on kush.com! Just make sure to be specific that the product is over .3% Total THC, and may not be compliant in all 50 states. - Is the product under .3% Total THC?
– Your hemp is compliant almost everywhere! Post the COA’s to show off your hard work, but no extra disclaimers are required.
– Note: Idaho, New Hampshire, and other states may still have stricter Hemp rulings! Buyers Beware. Check our Laws In All 50 States Post Here
Like with all changes, there might be an adjustment period on the Kush marketplace, but this should make for a safer, more compliant, and faster sales process overall. If you have questions about your specific listing or products, send us a message at info@kush.com
Tyana Daley
