U.S. Court Says This Cannabinoid Is Legal, Rejects DEA's Position On Controlled Substances

An U.S. appeals court has ruled that THC-O-acetate, a hemp-derived cannabinoid, is federally legal under the 2018 Farm Bill.

This ruling contradicts the position of the Drug Enforcement Administration (DEA) on legal cannabinoids, which had classified THC-O as a Schedule I controlled substance, reported Marijuana Moment.

The decision comes from the U.S. Court of Appeals for the Fourth Circuit.

The Case And Ruling

The case, which involved an employment dispute, hinged in part on the legal status of THC-O. A majority of the three-judge panel ruled that the DEA's interpretation of the Farm Bill was too restrictive, saying that it does not apply to THC-O, a compound synthesized from legal hemp cannabinoids.

This decision builds on earlier rulings, particularly from the Ninth Circuit Court of Appeals, which has previously ruled that cannabinoids like delta-8 THC are legal under the Farm Bill.

In its decision, the Fourth Circuit panel wrote,

“The DEA's February 2023 letter clarified that THC-O doesn't occur naturally in the cannabis plant and can only be obtained synthetically, and therefore does not fall under the definition of hemp. However, the court found this interpretation overly restrictive and concluded that synthetically derived cannabinoids could still qualify as hemp under the 2018 Farm Bill if they contain less than 0.3 percent delta-9 THC.”

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Federally Legal Cannabinoid

The judges emphasized their agreement with the Ninth Circuit's interpretation of the 2018 Farm Act, stating that the federal definition of hemp is clear and unambiguous.

“We reject [the employer's] contention that the DEA's interim final rule mandates a finding that THC-O is illegal, agreeing instead with the Ninth Circuit's interpretation that products containing less than 0.3 percent delta-9 THC qualify as legal hemp regardless of whether they are synthetically derived,” ruled the judges.

Therefore, the ruling effectively counters the DEA's February 2023 letter, which aimed to classify THC-O as illegal under federal law. The ruling might have broader implications for other cannabinoids, such as THCA.

If you’re interested in diving deeper into the consequences of the ongoing dispute between the cannabis and hemp THC industries, you might enjoy reading Benzinga’s series of articles on the matter. We invite you to dive in!

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