Most people are aware of the 2018 Farm Bill that only outlaws cannabis (marijuana plants containing more that 0.3% delta-9 THC) and products derived from cannabis but does not comment on hemp (marijuana plants containing less than 0.3% delta-9 THC). Furthermore, the Interim Rule released by the DEA (Drug Enforcement Administration) on August 20, 2020 specified that synthetic compounds are illegal regardless of THC content. However, what remained ambiguous was the definition of “synthetic.” One of the most popular cannabinoid compounds on the market is delta-8 THC. Its rapid growth in the industry is largely attributed towards its stance in regards to the 2018 Farm Bill. However, even delta-8 THC’s legality is quite gray. Although delta-8 THC is most often derived from natural hemp, it only occurs in trace amounts so manufacturers need to synthesize them in labs. Therefore, some perceive the federal legality of delta-8 THC as a loophole more than anything.
But on November 2, 2021, the U.S. DEA and DOJ (Department of Justice) clarified this point of ambiguity through a publicized statement. In the statement, they highlighted that only products derived from plants containing more than 0.3% delta-9 THC are categorized as a controlled substance, clearly indicating the exemption of delta-8 THC and other cannabinoids extracted from hemp. Another defining distinction made by the DEA and DOJ was what was considered “synthetic.” They specified in their statement that as long as the cannabinoid is derived from real and natural hemp, it can be synthesized in the lab without being illegal. It should be noted that this shouldn’t affect the delta-8 THC market negatively at all; synthesizing delta-8 THC from hemp-derived CBD (cannabidiol) is currently the most popular and cost effective method.
Essentially, this statement publicized by the DEA and DOJ is a huge leap for the weed industry. Now that the legality of delta-8 THC is solidified, the market potential and popularity of D8 products is definitely projected to skyrocket even more.
