DEA Statement: Delta 8 & Delta 9 THCO Not Hemp and Illegal Under Farm Bill

DEA Statement: Delta 8 & Delta 9 THCO Not Hemp and Illegal Under Farm Bill


What Does That Mean For You?


The Us Drug Enforcement Administration has weighed in that they consider Delta 8 and Delta 9 THCO to be a controlled substance, and therefore illegal.


This controversial information came from Terence L. Boos, Chief of DEA’s Drug and Chemical Evaluation Section, in a February 13, 2023 email response to a North Carolina based cannabis attorney, Rod Kight of Kight Law Office PC.


Kight’s letter was originally sent in August of 2022, in which he requested information on the status of THC acetate ester (THCO) under the Controlled Substances Act (CSA).


Boos stated in his email that the CSA classifies ‘tetrahydrocannabinoids” or THC, as naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents contained in the cannabis plant and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant.”


What that means, according to this definition, neither delta-9 THCO or delta-8 THCO are considered, by the DEA to be hemp!


Boos clarified by saying, “ Delta -9 THCO and delta-8 THCO do not occur naturally in the cannabis plant and can only be obtained synthetically, and therefore do not fall under the definition of hemp.”


Boos added that delta-9 THCO and delta-8 THCO have “ similar chemical structures and pharmacological activities to those contained in the cannabis plant” which fall under the definition of ‘tetrahydrocannabinoids”, which the agency classifies as Schedule l.


According to a February 13, 2023 article in High Times, “In a written statement from Michelle Bodian, a partner at Vicente /Sederberg, Bodain explained what this news could mean for the industry.


“ While the latest statement from DEA does not clarify the legal status of all novel hemp derived cannabinoids, it does clarify that DEA believes Delta-9 THCO and Delta-8 THCO are controlled substances. Hopefully there is congressional action soon to address the legality of all hemp derived cannabinoids, so the industry is not left with a patchwork of law, regulation, policy and now, letter statements.”


What Does This Mean To You, The Consumer?

Although this statement has been made from the DEA, it is unlikely in the immediate future that the federal agency has either the capacity or interest in cracking down on hemp sellers with respect to products containing THC acetate.


It is important to note that this recent statement from the DEA, follows a 9th Circuit court decision in 2022 that also found that delta 8 products are ‘hemp’ and therefore legal under the 2018 Farm Bill.


However, some state regulators have expressed concern over hemp-derived intoxicating cannabinoids. Therefore, at this time, both hemp merchants and consumers need to be aware of the legal status of delta-9 and delta-8 THCO in the states that they conduct business or make purchases.


Kight expressed to that the DEA’s interpretation of the law is straightforward and clear. “If the hemp plant naturally produces a certain cannabinoid compound, etc. such as delta-8 THC or CBN or THCV, etc. then it is not a controlled substance, regardless of how it is processed or manufactured into a finished product,” Kight said, noting one exception: more than 0,3% THC by dry weight.”


Simply put, if the hemp plant does not naturally produce a compound, then the compound is not considered hemp!


For the time being, this information bodes well for the hemp-derived delta-8, delta-9, THCV and other cannabinoid products!

Announcement From 3 Tall Pines Farm of Wisconsin!


3 Tall Pines Farm is dedicated to bringing you farm fresh, solventless extracted, craft hemp-derived products that are pure, healthful and highly effective!


Addressing the latest statement from the DEA with respect to THCO, 3 Tall Pines is in the process of removing THCO from our various product formulas. We have made this adjustment because it is in the best interest of our customer’s health and our dedication to only providing compliant hemp-derived products for consumption.


This includes removing THCO from our smokable products, due to the DEA concern that smoking THCO could possibly be harmful.


Although we have made sure that our smokable THCO products have no residual acidic anhydride, we choose to remain compliant and assure our customers that our brand consistently upholds our commitment to producing only pure, healthful and beneficial hemp products. 


If you have any questions or are looking for recommendations, contact our team.


We always are happy to help you find the products that are best suited for you!


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