Charles J. Messina, Firm Partner and Co-Chair of the Cannabis Law Practice Group, discussed his thoughts on Delta-8-THC in a recent article published by NJ Cannabis Insider entitled, “How the DEA’s New Rules will Affect the Hemp Industry.”
“In the wake of the Drug Enforcement Agency’s rule change to bring regulations in line with the 2018 Farm Bill, some in the industry have expressed concerns with how this might impact the industrial use of cannabinoids.
Among the changes ushered in the Aug. 21 rule change are:
- Removing FDA-approved products containing CBD, like Epidiolex, from Schedule V of the Controlled Substances Act (CSA);
- Removing FDA-approved products containing CBD from the list of substances requiring import and export permits from the DEA;
- Revising the definition of “marihuana” extract in Schedule I of the CSA by qualifying that, for a substance to be a “marihuana” extract, it must contain a delta-9-THC concentration greater than 0.3 percent (the standard established by the 2018 Farm Bill); and
- Revising the definition of “Tetrahydrocannabinols" in Schedule I of the CSA by qualifying that the term, as used in Schedule I, does not include any material, compound, mixture or preparation that falls within the definition of hemp established by federal law.
But there is a notable wrinkle for some in the industry over whether the rule change effectively restricts “synthetically-derived cannabinoids” such as Delta-8-Tetrahydrocannabinol.”
Mr. Messina “said he believes the concerns over Delta-8-THC are a bit overblown. If Delta-8 is derived from cannabis that meets the Farm Bill’s definition of hemp, then it will not violate federal law.”
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