The Drug Enforcement Administration (DEA) has focused on the legal status of lesser-known cannabinoids such as THCA, delta-8 THC, and hydrogenated CBD.
In a letter dated June 9, the DEA said it had complied with a request for information on the schedule status of cannabis ingredients under the Controlled Substances Act (CSA). Confusion has arisen over the legality of minor cannabinoids since hemp, which contains up to 0.3 percent delta-9 THC by dry weight, was federally legalized under the 2018 Farm Bill.
The letter, posted on Reddit and analyzed by attorney Rod Kite, states that delta-8 THC and THC-hexyl are considered tetrahydrocannabinol. If products containing these naturally occurring cannabinoids contain less than 0.3 percent delta-9 THC, they are considered legal hemp. If a cannabinoid exceeds THC limits, it becomes a Schedule I controlled substance.
Delta-8 THC has grown in popularity since cannabis was legalized and is entering markets across the United States, including states where marijuana is still banned.However, it is often produced through a synthetic process that converts natural CBD into an intoxicating cannabinoid, and the DEA previously believed that all CBD is Comprehensively The cannabinoids produced are Schedule I substances.
The agency is also developing a final rule that will highlight a ban on synthetic cannabinoids under existing law.
Kite’s post on the new letter focuses primarily on Delta-9 THCA. Delta-9 THCA is not addictive, but is thought to have anti-inflammatory properties. The DEA said delta-9 THCA should be considered in post-decarboxylation “total THC” tests when evaluating whether a plant is legal cannabis or illegal marijuana.
“Thus, cannabis-derived delta-9-THCA does not meet the definition of hemp under the CSA because it is equivalent to delta-9-THC when converted for identification purposes required by Congress,” wrote Terrence Booth. It’s in the letter. said the director of the DEA’s Drug and Chemical Evaluation Division.
But Kite argues that the law mandating testing after decarboxylation only applies to production. So while analysis of actively produced cannabis needs to take it into account, the same is not true for post-harvest cannabis. Under the right conditions, concentrations of delta 9 THCA can increase after harvesting.
The Farm Bill specifically states that post-manufacture hemp products cannot contain more than 0.3 percent delta-9 THC (as opposed to total THC), so natural derivatives like delta-9 THCA are subject to federal law. Lawyers say it will be legal in
“In summary, this DEA statement is bound to cause further confusion in an already confusing legal field. It should be read correctly as a simple restatement of the fact that it will not,” Kite said. I have written. “Post-harvest (i.e. post-production), the definition of cannabis in the 2018 Farm Bill clearly states that it is the delta 9 THC level that matters, not the level of THCA.”
It’s not clear who contacted the DEA about the scheduling question that prompted this response. letter. Marijuana Moment reached out to her agency to confirm the veracity of the letter. This is similar to other responses provided by the company, but a representative for her was not immediately found.
The DEA also said that hexahydrocannabinol (HHC) “does not meet the hemp definition because it does not occur naturally in the cannabis plant and is only available synthetically.” H4-CBD makes similar claims.
“If a product contains any amount of synthetically produced tetrahydrocannabinol, it is controlled under Schedule I of the CSA unless specifically exempted or stated in another schedule (e.g., 21 CFR Marinol on Schedule III under 1308.13(g)(1),” the letter read. “If a product does not contain any amount of synthetically produced tetrahydrocannabinol (or other controlled substance), then that product is not regulated under the CSA.”
Earlier this year, the DEA also ruled that two cannabinoids (delta-8 THC-O and delta-9 THC-O) that hit the state’s market did not meet the federal definition of legal hemp and were therefore considered illegal controlled substances. Individually clarified to Kaito that .
In another letter last year, the DEA said that regardless of how much THC the plants grown from hemp seeds end up producing, cannabis seeds are generally uncontrolled and legal under current law. in fact acknowledged that
In 2020, the agency announced that it had removed the CBD prescription drug Epidiolex from CSA’s Schedule V, descheduling cannabis treatments entirely.
Meanwhile, the DEA seized more than 5.7 million marijuana plants last year, according to a recent report from the DEA, a clear increase that bucks trends observed in recent years amid state legalization movements. . However, the number of cannabis-related arrests made by investigators in 2022 dropped significantly.
A former DEA employee also sued the agency in federal court after he was fired after testing positive for THC for legal hemp-derived CBD oil he took as a pain reliever.
Recreational cannabis sales in Connecticut hit a record high in May, surpassing medical cannabis purchases for the first time
Photo courtesy: Kimsey Nanny.
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