DEA States that Delta-9-THCO, Delta-8-THCO Are Not Hemp

In an email reply sent to Rod Knight of Kight Law Firm PC on February 13, the Drug Enforcement Administration (DEA) stated that delta-9-THCO and delta-8-THCO are synthetic and that cannabis contains It is not found in nature, so it is not considered hemp, so it is a controlled substance.

Kite’s letter was originally sent in August 2022 (and a follow-up email sent last week on February 7th) to update the status of THC acetate ester (THCO) under the Controlled Substances Act (CSA). it was a request.

Terrence L. Boos, Chief Drugs & Chemicals Valuation Section Diversion Management I wrote an answer and clarified the agency’s position on Delta products. “The only substances the Drug Enforcement Administration (DEA) is aware of in his THC acetate are delta-9-THCO (delta-9-THC acetate) and delta-8-THCO (delta-8-THC acetate). Estelle),” said Booth. “The Drug Enforcement Administration (DEA) has reviewed the CSA and its implementing regulations regarding the control status of these substances.”

Boos notes that CSA refers to “tetrahydrocannabinol” or THC as “naturally occurring in the cannabis genus of plants (the cannabis plant), and synthetic equivalents and/or synthetic substances, derivatives of substances found in the cannabis plant. , an isomer with a similar chemical structure and pharmacological activity to substances found in plants.

By this definition, the DEA considers neither delta-9-THCO nor delta-8-THCO to be hemp. “Delta-9-THCO and delta-8-THCO do not naturally occur in the cannabis plant and are only obtained synthetically, so they do not meet the definition of hemp,” Boos writes.

He said the agency classifies delta-9-THCO and delta-8-THCO as Schedule I “tetrahydrocannabinols” because they have “similar chemical structures and pharmacological activities to those found in the cannabis plant.” I have also included the molecular structures of delta-9-THCO and delta-8-THCO for reference at the end of the letter.

In a written statement from Michelle Bodian, Partner at Vicente Sederberg, Bodian explained what the news means for the industry. “The DEA’s latest statement does not clarify the legal status of all hemp-derived novel cannabinoids, but does clarify that the DEA considers Delta-9THCO and Delta-8THCO to be controlled substances. I am.” Michel Bodian, Partner of Vicente Sederberg“Hopefully, there will be congressional action soon to address the legality of all hemp-derived cannabinoids. You will never get caught.”

While the government has remained silent on a definitive course of action regarding the regulation of Delta products, state legislators have been forced to take action on their own.

Delta-8 products were banned in New York in May 2021. Ohio created new regulations in June 2021 to govern Delta-8 products, including production and sales. New legislation introduced in Michigan in July 2021 also created regulations restricting the sale of Delta-8 products to cannabis businesses licensed by the Michigan Marijuana Regulatory Agency.Late November 2021, A Texas judge has issued a temporary restraining order removing Delta 8 from the state’s list of Schedule I substances.

In May 2022, government agencies such as the Food and Drug Administration (FDA) issued warning letters to companies marketing Delta 8 products. “The FDA is very concerned about the growing popularity of Delta 8 THC products, which are being sold online and in stores nationwide. They often contain claims to treat or reduce side effects associated with various illnesses or medical disorders, such as nausea, anxiety, etc.

In the latest round of Delta-related news, Connecticut Attorney General William Tong recently sued five retailers whose office his office sells cannabis without a license, specifically in relation to Delta-8 THC. “Connecticut cannabis products cannot be sold by unlicensed retailers and must meet stringent testing and packaging requirements,” Tong said in a statement. rice field. “An unlicensed Connecticut retailer selling Delta 8 THC products that he claims contain high levels of THC is in violation of the law and could be subject to both criminal and civil penalties.”