FrankenHemp Issues – The DEA says THC-O is a restricted Schedule 1 drug because it doesn’t occur naturally in the hemp plant

The federal drug enforcement agency DEA has said that two types of cannabinoids that have recently appeared on state markets do not meet the legal definition of hemp and are classified as controlled substances.

Last year, attorney Rod Kight asked the agency for clarification on the legal position of delta-8-THC-O and delta-9-THC-O, and he investigated the matter earlier this month.

The Drug Enforcement Administration issued a written response stating that the two cannabinoids in question “do not occur naturally in the cannabis plant and can only be produced synthetically,” rendering them ineligible for classification as hemp.

The letter, written by Terrence L. Boos, head of the DEA’s Drug & Chemical Evaluation Section, explained that the chemical makeup and medicinal effects of delta-9-THCO and delta-8-THCO are similar to those found in the cannabis plant.

In a blog post Monday, Kight responded to the DEA’s letter and acknowledged that while he doesn’t always agree with the agency on cannabis issues, he agreed with their stance on the matter and was not surprised by their results.

Kight expressed concern about the increasing availability of THC acetate ester (THCO), saying he had long believed it was a controlled substance under federal law. He explained that while THCO can be made from hemp using cannabinoids, it is not a naturally occurring compound in the hemp plant. Instead, it is a product of laboratory synthesis and as such should not be treated as a natural part of the plant.

Since the 2018 Farm Bill legalized hemp with a delta-9 THC content of 0.3% or less on a dry weight basis, there has been significant uncertainty in the cannabis industry. As a result, the market for natural and synthetic cannabinoids has expanded in states across the country.

Among the many new cannabinoids that have emerged, delta-8-THC has garnered particular attention. While it can be produced synthetically from CBD, it also occurs naturally in the cannabis plant in minute amounts. Although it differs from CBD in that it has intoxicating effects, some states have attempted to regulate the product.

According to DEA officials, delta-8-THC products are not classified as controlled substances if they are derived from a natural plant and are not synthetically manufactured.

Meanwhile, a federal appeals court ruled last year that Delta-8 is not subject to control under the Controlled Substances Act (CSA). This was because the CSA only specifically refers to natural delta-9-THC, and because federal law defines hemp as “any part” of the cannabis plant, including “all extracts, derivatives, and cannabinoids” containing less than 0.3% delta- 9-THC included by weight.

What about THC-O?

After analyzing the issue, the DEA determined that THC-O is not a naturally occurring cannabinoid and is prohibited under federal law because it can only be produced synthetically.

In response to the DEA’s statement, Michelle Bodian, a partner at the law firm Vicente Sederberg, explained that the DEA’s report adds another layer of complexity to the already complicated issue of determining the legality of hemp products. She noted that the agency’s position would require detailed analysis of each cannabinoid.

According to Michelle Bodian, the recent DEA statement does not clarify the legal status of all novel hemp-derived cannabinoids. Still, it confirms that the agency is considering Delta-9-THCO and Delta-8-THCO controlled substances. Bodian expressed hope that Congress will soon take action to clarify the legal status of all hemp-derived cannabinoids to avoid confusion and discord in the industry.

Interest in THC-O has surged over the past year, with many consumers reporting that it is a highly potent cannabinoid. However, some studies have raised concerns about its safety, and advocacy groups like NORML have advised against the use of these unregulated, lesser-known cannabinoids.

Proponents argue that the current confusing regulatory landscape could be resolved if the federal ban on marijuana is lifted and people are allowed to use natural cannabis products, eliminating demand for gray area cannabinoids, particularly in states where marijuana remains illegal.

Aaron Smith, CEO of the National Cannabis Industry Association (NCIA), emphasized the need for responsible regulation of psychoactive cannabinoids, whether synthetic or naturally occurring, to ensure public health and safety. He called for an end to national prohibition and the implementation of sensible federal regulations so that state cannabis laws can continue to function effectively across the country.

The safety of cannabis-derived products has been a top concern for the Food and Drug Administration (FDA), prompting the agency to collect more data to better understand the risks and benefits of these products.

Despite ongoing calls from legislators, advocates, and stakeholders to establish regulatory guidelines for cannabidiol (CBD) as a dietary supplement or food, the FDA recently announced that it would not create such rules. This has left the burgeoning CBD industry without clear regulations, raising concerns about the safety and quality of these products.

The FDA announced its plans to work with Congress to create legal solutions for cannabis-derived products shortly after issuing guidelines for the development of cannabis-based medicines. The guide provided scientists with special considerations when working with hemp and marijuana. Meanwhile, Rep. James Comer (R-KY), the newly appointed chair of the House Oversight and Accountability Committee, has pledged to address the FDA’s lack of regulation for CBD and other hemp-derived products.

Diploma

The complex regulatory landscape surrounding hemp and cannabis-derived products is evolving as new cannabinoids emerge and gain popularity. While the recent DEA statement on THC-O has clarified the status of some lesser-known cannabinoids, it has also highlighted the need for comprehensive federal regulations that can effectively address public health and safety concerns. As advocates and lawmakers continue to push for the federal marijuana ban to be lifted and sensible regulations put in place, industry and consumers alike will look to federal agencies like the FDA for clear guidance and oversight. With renewed leadership in Congress and growing public support for cannabis reform, there may be hope for a more coherent and consistent approach to regulating cannabis and hemp products in the years to come.

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