DEA Discusses Legal Status Of Minor Cannabinoids Like THCA And Hydrogenated CBD

Marijuana Moment

The Drug Enforcement Administration (DEA) is weighing in on the legal status of lesser known cannabinoids such as THCA, delta-8 THC and hydrogenated CBD.

In a letter dated June 9, DEA said it was responding to a request for information about the scheduling status of the cannabis components under the Controlled Substances Act (CSA). There’s been some confusion about the legality of minor cannabinoids since hemp containing up to 0.3 percent delta-9 THC by dry weight was federally legalized under the 2018 Farm Bill.

The letter, posted on Reddit and analyzed by attorney Rod Kight, says that delta-8 THC and THC-hexyl are considered tetrahydrocannabinols.  If products containing those naturally derived cannabinoids contain no more than 0.3 percent delta-9 THC, they are regarded as legal hemp. If the cannabinoid exceeds the THC limit, it is a Schedule I controlled substance.

Delta-8 THC has grown in popularity since hemp was legalized, entering marketplaces across the U.S., including in states where marijuana remains prohibited. But it’s often produced through a synthetic process that converts natural CBD into the intoxicating cannabinoid, and DEA has previously made clear that all synthetically produced cannabinoids are Schedule I substances.

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DEA Discusses Legal Status Of Minor Cannabinoids Like THCA And Hydrogenated CBD

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