DEA States Delta-8 And -9 THCO Are Controlled Substances Despite Hemp Bill

The U.S. Drug Enforcement Administration (DEA) announced Monday that delta-9-THCO and delta-8-THCO do not occur naturally in the cannabis plant and can only be obtained synthetically.

Therefore, they do not fall under the definition of "hemp,” according to a DEA letter made available to Benzinga.

Delta-9-THCO and delta-8-THCO will remain as controlled substances under the Controlled Substances Act (CSA).

See Also: Calls To Poison Control Centers On The Rise In This State Due To Delta-8 Products

The DEA letter signed by Terrence L. Boos, Ph.D., Chief Drug & Chemical Evaluation Section, Diversion Control Division states that "Delta-9-THCO and delta-8-THCO are tetrahydrocannabinols having similar chemical structures and pharmacological activities to those contained in the cannabis plant.”

According to the DEA letter and the CSA, THC are molecules “naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances 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.”

Delta-9-THCO and delta-8-THCO are tetrahydrocannabinols having similar chemical structures and pharmacological activities to those contained in the cannabis plant. Thus, delta-9-THCO and delta-8-THCO meet the definition of THC, and “they (and products containing delta-9-THCO and delta-8-THCO) are controlled in Schedule I,” reads the DEA letter.

"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-9THCO and Delta-8THCO are controlled substances,"  Michelle Bodian, partner at Vicente Sederberg told Benzinga. "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.

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Photo: Courtesy Of Tim Foster On Unsplash