The DEA suggests that hemp delta-8 THC is legal, which confuses some states who disagree

It is very easy for someone who does not understand how cannabis and cannabinoids legalization works in the United States to get lost. This is because, while some facts are well known and echoed everywhere, some are not really written out.

The general fact that is still well known is that cannabis and THC are classified as Category 1 narcotics by the FDA. This means that it is considered illegal and there are penalties and fines to procure and use. Anyone who knows little about the cannabinoid called THC knows that delta-9-THC is the active ingredient that triggers the general feeling of euphoria, and it’s not the only isomer of THC found in the cannabis plant matrix. There are other isomers of THC like Delta-8 and Delta-10, and the laws surrounding these cannabinoids aren’t that well described. The general idea is that since Delta-9 THC is a controlled substance, Delta-8 and Delta-10 are also controlled, but there is a chance the DEA might not see it that way.

The Drug Enforcement Administration (DEA) is largely engaged in enforcing drug-related laws to prevent illegal use, abuse, and abuse. The body has grown massively over the years and willingly assist the public in interpreting drug laws. On September 15, 202, a letter from a senior administration official surfaced, and the contents of the letter appear to suggest the legality of hemp-derived Delta-8-THC. The contents of the latter are still subject to very different interpretations, but a closer look will reveal exactly why many believe that it confirms the legality of the isomer.

The leaked letter from the DEA

The main reason the said letter has received a lot of attention from various quarters is that it came from Dr. Terrence L. Boos, director of the drug and chemical evaluation department. The section reports to the Office of Diversion Control in the DEA and this particular letter was written to the Executive Secretary of the Board of Pharmacy of Alabama requesting an update to the control status of Delta-8-THC. That means the contents of the letter can easily be used to contrast the current state of DEA regarding substance control for Delta-8-THC.

From the abridged excerpt of the letter below, we see the DEA’s views on CSA and Delta-8-THC.

“[Delta-8 THC] is a tetrahydrocannabinol substance that is contained in the Cannabis sativa L. plant and can also be produced synthetically from non-cannabis materials. the [Controlled Substances Act] CSA classifies tetrahydrocannabinol as Annex I controlled. … Subject to limited exceptions, the term “tetrahydrocannabinols” for the CSA means those that are “naturally contained in a plant of the cannabis genus (cannabis plant), as well as synthetic equivalents of the substances contained”. in the cannabis plant and / or synthetic substances, derivatives and their isomers with similar chemical structure and pharmacological activity as the substances contained in the plant Controlled as “Tetrahydrocannabinol”.

“However, the CSA excludes ‘tetrahydrocannabinol in hemp …’ from the control. Hemp, in turn, is defined as ‘the plant Cannabis sativa L. and every part of this plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers’. , Acids, salts and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol (D9-THC) concentration of no more than 0.3 percent on a dry weight basis. ”… Accordingly, cannabinoids that are extracted from the cannabis plant meet and have a D9-THC concentration of no more than 0.3 percent on a dry weight basis, the definition of ‘hemp’ and are therefore not controlled by the CSA. “

Findings from the letter

From the letter above, it emerges that the DEA divides Delta-8-THC into three classes based on the sources. The first class comes directly from cannabis sativa plants, their primary natural source. The second source is Delta-8 THC, which is synthetically made from cannabinoids obtained from hemp and finally those made from non-cannabis plant materials. This helps explain which of the classes can be classified as controlled and from the details of the letter above, those derived from hemp are not controlled under the CSA.

Another point of contention that the writing may have resolved concerns synthetic cannabinoids. The DEA first looked at the issue last year when it announced that synthetic cannabinoids would be controlled under the CSA. However, there is still controversy over what the DEA classifies as synthetic cannabinoids. Delta-8-THC is primarily obtained from the second classification in the letter, in which cannabinoids derived from hemp are converted to Delta-8-THC. Since hemp is legal under the Farm Bill and its derivatives, this means that the legality of Delta-8-THC from such products can be recognized as valid by the DEA.

The coast is not yet clear

It might be too early to begin the celebrations regarding the validity of Delta-8-THC as there is still an element of vagueness in the wording of the letter. It’s also important to mention that the letter only appeared online because it was leaked and is very different from an official decision or promulgation with legal action. The Federal Analogue Act could still easily be used to make Delta-8-THC illegal as it can be viewed as an analog of a List 1 controlled substance. The law states that any substance that is substantially similar to a controlled substance is subject to the same prohibition laws. However, this can also be debated since Delta-8-THC is essentially similar to Delta-9-THC from cannabis, which is federally illegal, and Delta-9-THC from hemp, which is less than 0.3% legal .

Bottom line

While this may be good news for many, it is still advisable to proceed with caution. The letter offers good logic for a possible public statement by the DEA in the near future, but until then the coastline is not clear.

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