Delta8.co, a website publication of TC Distribution, LLC, has obtained a recent September 2021 letter from the US DOJ-DEA regarding delta 8 THC. In the letter, the DEA has clarified its position on delta 8 THC and other THCs from hemp plant materials, stating the THCs derived, even synthetically, from hemp materials are legal. This directive is welcomed by the industry, as it recognizes the important distinction in how hemp-based THCs can be made – either derived from natural hemp starting materials or from non-hemp starting materials. From the DEA’s letter:
“Delta 8 THC synthetically produced from non-cannabis materials is controlled under the CSA (Controlled Substances Act) as a “tetrahydrocannabinol”.
…The CSA, however, excludes from control “tetrahydrocannabinols in hemp (as defined under section 1639o of Title 7).” Hemp, in turn, is defined as “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers…”
The significance of this clarification cannot be overstated. For over a year now the Delta 8 industry has operated in a perceived grey area due to confusion over an Interim Final Rule released by the DEA on August 20, 2020 saying synthetic compounds were illegal without ever fully defining the term “synthetic”. This release completely eliminates that grey area and shows that there are two forms of synthetic delta 8 with one being good (derived from hemp – legal) and one being bad (made from non-hemp materials – illegal).
There are ultimately two main requirements for a Delta 8 product to be legal under the definition of hemp:
- It must be derived from hemp (again, naturally or synthetically produced from cannabis materials is legal; but synthetically produced from non-cannabis materials is illegal).
- It may not contain more than 0.3% Delta 9 THC.