The Drug Enforcement Administration has classified delta-8 and -9 THCO as controlled substances.

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The Drug Enforcement Administration (DEA) has declared that two cannabinoids, delta-8 THC-O and delta-9 THC-O, which have recently emerged in state markets, do not meet the federal definition of legal hemp and are thus considered illegal controlled substances.

An Attorney had previously inquired about the legal status of these cannabinoids with the federal agency last year and followed up.

Since the 2018 Farm Bill legalized hemp containing up to 0.3 percent delta-9 THC on a dry weight basis, the cannabis industry has been abuzz with confusion. This reform has opened the door to a booming market for natural and synthetic cannabinoids in states across the nation.

One of the most popular cannabinoids is delta-8 THC, which can be synthetically produced from CBD, but also occurs in trace amounts naturally in the cannabis plant. As a result, several states have taken steps to regulate this product, which, unlike CBD, does have intoxicating effects.

Moving the Goal Posts

On Feb 13, 2023, The DEA sent a response letter confirming that these two cannabinoids “do not occur naturally in the cannabis plant and can only be obtained synthetically, and therefore do not fall under the definition of hemp.” This ruling serves as a reminder that the federal government is still enforcing its laws on cannabis-related substances, even as more states move toward legalizing them.

These two cannabinoids “do not occur naturally in the cannabis plant and can only be obtained synthetically, and therefore do not fall under the definition of hemp.”

Read More Here

DEA Response Letter

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LEGAL ADVISORY – Rules, Regulations and laws may have changed after this information was posted. It is up to the reader to research and determine the current status of those items. It is always best to consult an attorney that has experience and is focused on the cannabis industry. One of the most well known law firms in the industry since 1993 is Komorn Law

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