Customs Seized Our Cannabis Related Property. What’s Next?

The crossway of state and federal law on marijuana has led to some fascinating circumstances at the border, specifically where marijuana associated home is took. States such as Washington, Oregon, and California have legislated marijuana for all utilizes, while the federal Controlled Substances Act still restricts cannabis circulation and sale anywhere in the United States.

Although a specific item or piece of devices may be legal within a state’s area, attempting to import that item or piece of devices at the border (even in that verysame state) provides a unique set of difficulties. This frequently leads to U.S. Customs and Border Protection (CBP) taking numerous products that marijuana business lookfor to import for usage within the state. In this context, numerous marijuana business discover themselves questioning, what needto we do now, and what takesplace next?

Don’t panic when marijuana associated residentialorcommercialproperty is took

If your business had items or devices took at the border, the veryfirst (and possibly most crucial) action is to prevent panic. Customs guidelines and guidelines are insomecases nontransparent and stuck in obscurity. There are likewise insomecases book scenarios when the federalgovernment just has not yet taken an authorities position about whether anybody can import a specific product. Nobody is getting detained (assuming you are not bring marijuana yourself). Approaching these problems with a videogame strategy, performed without panic, is vital.

Understand your choices when marijuana associated residentialorcommercialproperty is took

When the federalgovernment takes residentialorcommercialproperty at the border, it supplies an importer with (essentially) 4 choices:

  1. The importer can lookfor to administratively obstacle CBP’s seizure and lookfor to modification its mind.
  2. The importer can choose to make an deal in compromise (OIC) to willpower the disagreement, which is onceagain processed administratively.
  3. The importer can choose to have the matter resolved at the Department of Justice (DOJ) through official loss procedures.
  4. The importer can merely desert the home and walk away.

Importantly, an importer’s election amongst these 4 choices should be made within 30 days. The importer’s option will mostlikely depend on the importer’s goal with the specific items or residentialorcommercialproperty.

If the importer thinks it has a legal best to usage the items or devices in commerce in the United States, it will mostlikely choose to difficulty the seizure through CBP or DOJ. If on the other hand the importer recognizes it hasactually made a error, it is more mostlikely to select the OIC or desertion path. Each of these options brings its own expenses and advantages.

Challenging the marijuana associated residentialorcommercialproperty seizure administratively or through DOJ

If the importer chooses to obstacle the seizure, it engages in a lengthened procedure with CBP or DOJ to conflict the legal basis for the rejection of entry. There are not always any set or requirement types for these obstacles, which must stick mainly to the easy truths surrounding the supposed usage of the item or devices. Designations at entry are crucial. The obstacle procedure starts with the designated usage for the item or devices at the border, priorto the item or devices is took.

If the importer has administratively challenged CBP, there are a coupleof rounds of back and forth prior to a choice. Through DOJ, the importer can have its problem heard priorto a federal court. The advantage of these obstacles is certainly potential: after interesting in this procedure assoonas, the importer will have a set basic for any tried importation of future item or devices. In other words, it can rest simple each succeeding time it looksfor to import the item or devices.

An notsuccessful obstacle leads mainly to more expenses—paying storage charges for the taken products. If the home is declined entry after these difficulties, CBP or DOJ (through the courts) can and will enforce fines based on the evaluated worth of the item or devices.

Making an OIC or deserting the marijuana associated home

If the importer would rather prevent the time and expense of interesting in this difficulty procedure, it can choose to either settle the matter (an OIC) or just desert the residentialorcommercialproperty.

The advantage of either of these paths is the importer might prevent any judicial or administrative procedures. The importer can make an deal to pay a charge based on the assessed worth and then walk away with the item or devices. (The smart importer will lookfor to have storage charges waived in this circumstances, in connection with the OIC.)

The importer needto then organize to choice the item or devices up and have it provided to another nation, such as Canada, and import the item or devices there. If the importer chooses to desert the home, it mostlikely sustains no charge other than the loss of its home.

Choose the right group

Harris Bricken’s customizeds and worldwide trade legalrepresentatives have comprehensive experience with each and every one of these concerns, and we can help with any difficulties your marijuana business dealswith at the border surrounding to states where marijuana is legal. We can help with any of the problems your business dealswith in these unsure times, while constantly understanding that the importer’s goal takes veryfirst toppriority.


Expand all Collapse all
Is Delta 8 federally legal?

Delta-8 is legal federally, and most state laws don't specifically address it. Due to ambiguities in the 2018 farm bill, which legalized hemp and hemp products, delta-8 is currently not prohibited by federal law.

What are the benefits of Delta 8?

In the human body, Delta-8 binds to the CB1 and CB2 receptors. Because it binds to both receptors simultaneously, users experience a milder cerebral high. When compared to the effects of THC, users describe a more clear-headed, productive, energetic, and upbeat feeling.

Is Delta 8 or CBD better?

Difference Between Delta-8 THC and CBD Delta-8 THC may not be as prominent as Delta-9 THC, but it is still among the predominant cannabinoids with psychoactive properties. However, CBD is NOT a psychotropic cannabinoid. While CBD can have better results in the long run, Delta-8 THC can give you a quick fix.

Can you fly with Delta 8?

Is it Legal to Fly with Delta-8-THC? Often, yes! It is legal to fly with Delta-8 when you are flying to and from areas where Delta-8 is legal, as long as the airline you choose doesn't specifically prohibit Delta-8 products.

Does Delta 8 help with anxiety?

Contains less than 0.3% Delta 9 THC. Good for chronic pain and anxiety relief. It does not cause paranoia or increased Anxiety.

Is Delta 8 a controlled substance?

Delta-8 is considered a Schedule 1 Controlled Substance by the US Drug Enforcement Administration (DEA) because it is known to cause psychoactive impairment to the consumer.

What is the difference between Delta-8 and Delta 9?

Delta-9 THC is a property of cannabis discovered all the way back in 1964. The primary difference between Delta-8 THC and Delta-9 THC is that Delta-8 is just a bit less psychoactive than Delta-9. This means that products with Delta-8 THC have a more gradual, and therefore more satisfying, effect on the consumer.

Does Delta-8 become 11 hydroxy?

Although in an edible form, Delta-8 THC can metabolize into a natural chemical called 11 Hydroxy tetrahydrocannabinol. Since 11 Hydroxy THC can only be absorbed through the liver, the molecule's possible psychoactive effects can last up to 6 to 8 hours during digestion.

Does Delta 8 make you sleepy?

According to the NCI, Delta-8 uniquely binds twice with cannabinoid receptors in the nervous system that play a role in sleep by calming down processes like breath, heart rate, and mental activity.

Does Delta 8 Flower get u high?

Delta-8 THC is one of the hottest topics in cannabis right now. It's a minor cannabinoid that can get you high like traditional THC, but much less so. Delta-8 found in small amounts in the cannabis plant and is often converted from other compounds like CBD.

How does Delta 8 affect the body?

5 benefits delta 8 could offer you According to the National Cancer Institute, delta-8 THC can bind to the CB1 receptor throughout the body. These receptors are part of our endocannabinoid system, which helps our body regulate and maintain homeostasis.

Does Delta 8 contain CBD?

Delta-8 is yet another compound derived from Cannabis sativa or the hemp plant. As you likely know by now, this is the same natural origin that CBD, THC, CBG, CBN, and CBC come from, too. Though all of these compounds are related to some degree, delta-8 is closest to CBD and delta-9 (also often known plainly as THC).

Does Delta 8 cause euphoria?

Delta-8 may not produce intense euphoria, but it will take effect pretty quickly. Depending on your mode of intake, of course, the time of impact will vary. If you vape it, you will experience the effects within 1 to 6 minutes. If you use a tincture, you will get the first effects after half an hour.

Is Delta 8 legal in all 50 states?

The Short Answer: Yes. Hemp-derived Delta-8 THC products, containing less than 0.3% D-9 THC is legal in all 50 states of the USA. But what if the extract contains more than 0.3% Delta-9 THC?

Can Delta 8 help you lose weight?

A research study from 2004 concluded that delta-8 helps increase appetite while promoting weight loss. This effect is certainly very unique, and scientists will do even more research on this subject. These effects might be due to the potential benefits delta-8 has on metabolism.

Does Delta 8 give you munchies?

Yes, Delta 8 can make you feel hungry. Delta 8 is an appetite-stimulating analogue of tetrahydrocannabinol (or THC). Of course this depends on the amount you smoke (vapes) or consume (edibles), but Delta 8 has been reported to stimulate your appetite, in some cases, even more than Delta 9 (marijuana).

Does Delta 8 make you laugh?

Whatever makes you laugh, Delta-8 is a great way to start the fun. In fact, we've developed Delta-8 products because we love to see people laugh.

What does Delta 8 convert to eating?

Delta-8 THC actually converts into delta-11 THC when processed through the digestive tract. Since delta-9 THC also converts into delta-11 THC when eaten, there's no special benefit to eating delta-8 THC. In general, research suggests that delta-8 has about two-thirds of the potency of delta-9.

Does Delta 8 affect your liver?

In the present study, we have demonstrated that Δ8-THCV exerted protective effects against liver I/R reperfusion damage by attenuating tissue injury, oxidative stress and inflammatory response.

Does Delta 8 make good edibles?

Our Delta-8-THC Gummies — Best for Beginners They contain 10 mg of delta-8-THC per gummy, which is a great dose to start your journey into edibles with. It will give you a relaxing buzz, and you can easily increase the dosage as needed. Our delta 8 gummies are made from a broad-spectrum hemp extract.

You May Also Like

About the Author: Delta-8