With minor cannabinoids taking up more and more of the spotlight, the laws surrounding hemp-derived products have become murkier. Much of the focus has been placed on the legality of Delta-8 products. Various states, including Texas, have worked to ban Delta variant products because of the similarity they share to marijuana.
However, in a September letter from the Drug Enforcement Administration (DEA) to the Executive Secretary of the Alabama Board of Pharmacy, Donna Yeatman, several clarifying comments have been made about Delta-8. Terrence L. Boos, Ph.D., Chief Drug & Chemical Evaluation Section Diversion Control Division, wrote to Yeatman concerning clarification on if and how Delta-8 falls under the Controlled Substances Act (CSA).
The letter summarizes, "Accordingly, cannabinoids extracted from the cannabis plant that have a Delta 9 -THC concentration of not more than 0.3 percent on a dry weight basis meet the definition of “hemp” and thus are not controlled under the CSA."
However, it also states, "Thus, 8 -THC synthetically produced from non-cannabis materials is controlled under the CSA as a “tetrahydrocannabinol.”" They also note that tetrahydrocannabinols in Hemp (as defined by federal law) are excluded.
While this letter answers many questions about minor cannabinoids products derived from hemp, brands and business owners should consult with a legal expert familiar with cannabis law. Each state has its own defining laws concerning hemp production and products that may differ from federal regulation. The hemp industry is still within a wild west phase, and industry professionals should consult an attorney to avoid making costly mistakes that will impact their brand.
This article should not be taken as legal advice. Please consult with an attorney for legal advice on Delta products within your state.