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US: DEA classifies Delta-8 THC-O and Delta-9 THC-O as controlled substances

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The Drug Enforcement Administration (DEA) has stated that two cannabinoids, Delta-8 THC-O and Delta-9 THC-O, are not legally considered hemp and are therefore controlled substances. The DEA sent a letter in response to attorney Rod Kight's inquiry, stating that the two cannabinoids "do not occur naturally in the cannabis plant and can only be obtained synthetically, therefore falling outside the definition of hemp."

kight wrote in a post on your blog who agrees with the DEA's opinion and is not surprised by the decision. The attorney has been concerned about the proliferation of THC acetate ester (THC-O) for some time, believing it to be a controlled substance under US federal law.

Since the 2018 Farm Bill legalized hemp in the US as containing up to 0,3% Delta-9 THC, there has been some confusion in the cannabis industry. The market for natural, synthetic and semi-synthetic cannabinoids has expanded and the DEA has now added another level of analysis to determine the legality of a hemp product. Michelle Bodian, partner at law firm Vicente Sederberg, speaking to Marijuana Moment commented on the situation, saying the DEA position "requires a cannabinoid-by-cannabinoid analysis."

Molecular structure of Delta-9 THC, Delta-8 THC, Delta-9 THC-O and Delta-8 THC-O. Infographics: João Xabregas | cannareporter

THC-O – a particularly potent but unsafe cannabinoid

Interest in THC-O has grown significantly over the last year, with consumers reporting that it is a particularly potent cannabinoid. Some studies have raised concerns about its safety profile and advocacy organizations such as NORML warned against the use of these lesser known and unregulated cannabinoids.

Proponents believe that the regulatory patchwork and resulting confusion could be addressed if the federal ban on cannabis were lifted and people were given the option of using natural cannabis products, with regular Delta-9 THC. Aaron Smith, CEO of the National Cannabis Industry Association, stated that “the only way to achieve this end is to finally end national prohibition, adopt sensible regulations at the federal level, and allow state cannabis laws to continue to operate across the country.” .

The Food and Drug Administration (FDA) has sought to collect additional data to fill gaps in the evidence about the safety of cannabis-derived products. Last month, the FDA announced that it would not create rules to allow the commercialization of CBD as a food supplement or food item, leaving the entire industry unregulated, despite repeated calls for administrative action by legislators, advocates and other interested parties.

 

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[Disclaimer: Please note that this text was originally written in Portuguese and is translated into English and other languages ​​using an automatic translator. Some words may differ from the original and typos or errors may occur in other languages.]

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