The Delta 8 THC industry can breathe a little easier, so long as they are using hemp. In a recently obtained letter, the DEA clarified its position on hemp-derived Delta 8 THC. As long as the product is hemp-derived and doesn’t contain Delta 9 THC, it’s legal. Delta 8 THC made from hemp is legal to make, distribute and purchase. For those depending on Delta 8 THC, news of the DEA’s approach is a welcome breath of fresh air. If Delta 8 THC is a part of your life, here are the details you need to know.
Delta 8 THC
Delta 8 THC is a cannabinoid that occurs naturally in the cannabis plant, in very small amounts. It has incredible therapeutic potential and is known to be an effective treatment for nausea. Unlike Delta 9 THC, Delta 8 does not produce much of a psychoactive effect. This makes it ideal as a daily medicine, especially for pediatric patients. In 1995, a study was conducted on Delta 8 THC for the department of pediatric oncology. The results were quite remarkable. Delta 8 THC was given to eight children, all of whom were undergoing cancer treatment; it completely prevented vomiting, without producing notable side effects. The study was titled, ‘An efficient new cannabinoid antiemetic in pediatric oncology’,
Drug Enforcement Administration Letter
The letter was written in September 2021 but was recently published by TC Distribution, LLC. It responds to an inquiry into both the status of Delta 8 THC and the DEA’s future plans for regulating the substance. In clear words from the Drug and Chemical Evaluation Section, the letter states that Delta 8 THC derived from hemp is not scheduled under the Controlled Substances Act. Thus, it will not be subject to the same regulations and Delta 9 THC.
What’s legal and illegal?
According to the DEA’s letter, tetrahydrocannabinols are classified as controlled in Schedule 1 of the Controlled Substances Act, making them illegal. However, tetrahydrocannabinols from hemp are not, thus, are not subject to the Act. As far as the CSA is concerned, the term tetrahydrocannabinol is defined as “those 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.” A Delta 8 THC product can only be considered legal if it meets the following criteria:
It must be extracted or created from hemp or hemp materials – this includes synthesized Delta 8 THC products.
Both the product and the cannabis used to create it cannot contain more than 0.3% Delta 9 THC.