DEA Clarifies Legal Status of Minor Cannabinoids: What it Means for the CBD Industry


In a new development that has caught the CBD industry’s attention, the Drug Enforcement Administration (DEA) has provided clarity on the legal status of minor cannabinoids like THCA, delta-8 THC, and hydrogenated CBD. The original story, reported by Kyle Jaeger on Marijuana Moment, delves into the DEA’s response to inquiries about these cannabinoids’ standing under the Controlled Substances Act (CSA).

DEA’s Stance on Delta-8 THC and THC-hexyl

In an attempt to clear the air, the DEA clarified in a detailed letter that products containing delta-8 THC and THC-hexyl are considered legal hemp, provided they contain no more than 0.3 percent delta-9 THC. However, crossing this THC limit classifies the cannabinoid as a Schedule I controlled substance.

The Rising Popularity of Delta-8 THC

Delta-8 THC has gained significant traction since the legalization of hemp, even making its way to states where marijuana is still prohibited. The DEA, however, maintains its position that all synthetically derived cannabinoids, which include many delta-8 THC products synthesized from natural CBD, are Schedule I substances.

Delta-9 THCA, a non-intoxicating cannabinoid known for its potential anti-inflammatory properties, presents a legal grey area. Attorney Rod Kight suggests that the DEA’s requirement for post-decarboxylation testing for “total THC” applies only to production, not to post-harvest cannabis.

What’s Next for the CBD Industry?

The DEA’s recent pronouncement complicates an already intricate legal landscape surrounding hemp and cannabinoids. As the industry awaits the DEA’s final rule expected to underline the ban on synthetic cannabinoids, the implications for the future remain uncertain.

For a more in-depth look at the DEA’s latest stance, be sure to check out the original article by Kyle Jaeger on Marijuana Moment. Stay tuned to for the latest updates on this evolving situation.

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