DEA bans certain neo-cannabinoids

The Drug Enforcement Administration The DEA states that two cannabinoids found in different products sold in the United States do not meet the federal definition of legal hemp and are therefore considered illegal controlled substances.

When asked about the legal status of delta-8 THC-O and delta-9 THC-O, two THC acetate esters, the DEA responded that both cannabinoids «do not occur naturally in the cannabis plant and can only be obtained synthetically, and therefore do not meet the definition of hemp.».

«Delta-9-THCO and delta-8-THCO are tetrahydrocannabinols with chemical structures and pharmacological activities similar to those found in the cannabis plant, the letter from Terrence L. Boos, chief of Drug & Chemical Evaluation Section from the DEA.

A new market for minor cannabinoids

Since the 2018 Farm Bill legalized hemp Containing up to 0.3% delta-9 THC on a dry weight basis, the market for natural and synthetic cannabinoids has grown in the United States, particularly in states that have not yet legalized cannabis.

If there are many new cannabinoids, one of the best known is delta-8 THC, which can be produced synthetically from CBD but is also present in trace amounts in the cannabis plant. Several states have strived to regulate this product. which, unlike CBD, has intoxicating effects.

DEA officials indicated that products based on Delta-8 THC are not substances controlled as long as they are extracted from the natural plant and not synthesized.

Meanwhile, a federal appeals court ruled last year that delta-8 is not controlled because the Controlled Substances Act (CSA) refers explicitly only to natural delta-9 THC, and because federal law defines hemp as «any part» of the cannabis plant, including «all derivatives, extracts, [and] cannabinoids» that contains less than 0.31% delta-9 THC by weight.

What about THC-O?

The DEA analysis concluded that, contrary to delta-9 THC And like delta-8 THC, THC-O isn't a natural cannabinoid. Since it can only be produced through synthetic processes, it is federally prohibited. The question doesn't arise in France. where only delta-9-THC is legal.

«While the DEA's latest statement doesn't clarify the legal status of all new hemp-derived cannabinoids, it does clarify that the DEA believes Delta-9 THCO and Delta-8 THCO are controlled substances,» said Michelle Bodian, a partner at the law firm Vicente Sederberg in Marijuana Moment.

«It is hoped that Congress will soon take action to address the legality of all hemp-derived cannabinoids, so that the industry does not end up with a patchwork of laws, regulations, policies, and now letters.»

Rights organizations like NORML have warned against the use of these lesser-known, unregulated cannabinoids.

The American Association estimates that the regulatory patchwork and the resulting confusion for consumers and the market could be effectively resolved if the federal ban on cannabis were lifted and people had the option to use natural cannabis-based products, which would eliminate demand for them. synthetic cannabinoids, especially in states where cannabis remains illegal.

«Whether synthetic or natural, psychoactive cannabinoids must be responsibly regulated to protect public health and safety,» said Aaron Smith, CEO of the National Cannabis Industry Association (NCIA), to Marijuana MomentT.

«The only way to succeed in achieving this goal is to finally end national prohibition, adopt reasonable regulations at the federal level, and allow state cannabis laws to continue to operate throughout the country.»