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InvisibleveggieM

Registered: 07/25/04
Posts: 17,538
DEA Classifies Novel Cannabinoids Delta-8 And -9 THCO As Controlled Substances
    #28185935 - 02/13/23 05:43 PM (1 year, 3 months ago)

DEA Classifies Novel Cannabinoids Delta-8 And -9 THCO As Controlled Substances, Even When Synthesized From Legal Hemp
February 13, 2023 - Marijuana-Moment

The Drug Enforcement Administration (DEA) says that two cannabinoids that have emerged in state markets do not meet the federal definition of legal hemp and are therefore considered illegal controlled substances.

Attorney Rod Kight inquired about the legal status of delta-8 THC-O and delta-9 THC-O with the federal agency last year and followed up earlier this month.

DEA sent a response letter on Monday, saying the two cannabinoids “do not occur naturally in the cannabis plant and can only be obtained synthetically, and therefore do not fall under the definition of hemp.”

“Delta-9-THCO and delta-8-THCO are tetrahydrocannabinols having similar chemical structures and pharmacological activities to those contained in the cannabis plant,” the letter from Terrence L. Boos, chief of DEA’s Drug & Chemical Evaluation Section, continued.

Kight responded to DEA’s letter in a blog post on Monday, writing that “although I do not always agree with the DEA’s view on cannabis matters, I agree with this opinion and, frankly, am not surprised. This is what I have been saying for a while.”

“I have been concerned about the proliferation of THC acetate ester (THCO) for a while. It has always been my view that THCO is a controlled substance under federal law,” he said. “Although it can be made from cannabinoids from hemp, THCO is not naturally expressed by the hemp plant. It is a laboratory creation that does not occur in nature, at least not from the hemp plant.”

There’s been substantial confusion within the cannabis industry since the 2018 Farm Bill legalized hemp containing up to 0.3 percent delta-9 THC on a dry weight basis. Since that reform was enacted, the market for natural and synthetic cannabinoids has expanded in states across the country.

While there are many novel cannabinoids, one of the best known is delta-8 THC, which can be synthetically produced from CBD but also occurs in trace amount naturally in the cannabis plant. Several states have worked to regulate the product, which unlike CBD does have intoxicating effects.

DEA officials have indicated that delta-8 THC products are not controlled substances as long as they’re extracted from the natural plant, not synthesized.

A federal appeals court, meanwhile, ruled last year that delta-8 is not controlled because the Controlled Substances Act (CSA) only explicitly speaks to the natural delta-9 THC and because federal statute defines hemp as “any part of” the cannabis plant, including “all derivatives, extracts, [and] cannabinoids” that contains less than 0.3 percent delta-9 THC by weight.

What about THC-O?

DEA’s analysis concluded that, unlike delta-9 THC and delta-8 THC, THC-O is not a naturally occurring cannabinoid. Because it can only be produced through synthetic processes, it’s federally prohibited.

“DEA’s statement today adds one more layer of analysis to the already crowded patchwork of questions that must be answered to determine whether a hemp product is lawful,” Michelle Bodian, a partner at the law firm Vicente Sederberg told Marijuana Moment, adding that the agency’s position “requires a cannabinoid-by-cannabinoid analysis.”

“While the latest statement from DEA does not clarify the legal status of all novel hemp derived cannabinoids, it does clarify that DEA believes Delta-9 THCO and Delta-8 THCO are controlled substances,” Bodian said. “Hopefully, there is congressional action soon to address the legality of all hemp derived cannabinoids, so the industry is not left with a patchwork of law, regulation, policy and now, letter statements.”

Interest in THC-O has grown significantly over the past year, and consumers have reported that it’s a particularly potent cannabinoid. Certain studies have raised concerns about its safety profile, and advocacy organizations like NORML have cautioned against the use of these lesser known, unregulated cannabinoids.

Advocates feel that the regulatory patchwork and resulting consumer and market confusion could be effectively addressed if the federal prohibition on marijuana is lifted and people are given the option to use natural cannabis products, removing demand for they grey-area cannabinoids, particularly in states where marijuana remains illegal.

“Whether they are synthetic or naturally occurring, psychoactive cannabinoids need to be regulated responsibly to protect public health and safety,” Aaron Smith, CEO of the National Cannabis Industry Association (NCIA), told Marijuana Moment. “The only way to successfully achieve that end is to finally end national prohibition, enact sensible regulations at the federal level, and allow state cannabis laws continue to work across the country.”

The Food and Drug Administration (FDA), for its part, has been looking to collect additional data to fill in gaps in evidence about the safety of cannabis-derived products.

Last month, FDA announced that it would not be creating rules to allow the marketing of CBD as dietary supplements or food items, leaving the massive industry without regulations despite repeated calls for administrative action from lawmakers, advocates and stakeholders.

The announcement came days after the agency released finalized guidance that focuses on developing cannabis-based drugs and outlined the process and unique considerations for scientists when it comes to hemp and marijuana.

The agency’s emphasis on working with Congress to address the issue legislatively also comes as the newly seated chair of the House Oversight and Accountability Committee, Rep. James Comer (R-KY), says he is preparing to confront FDA over their failure to enact regulations for hemp-derived products like CBD.

Reps. Morgan Griffith (R-VA) and Brett Guthrie (R-KY) sent a letter to FDA Commissioner Robert Califf in September, demanding answers over the continued lack of regulations for CBD for those purposes.

FDA also recently touted its role helping a state agency crack down on a company selling delta-8 THC gummies that they said are linked to “serious adverse events.”

Read DEA’s letter on the legal status of THC-O cannabis products below:
https://s3.documentcloud.org/documents/23608864/dea-thco-response-to-kight.pdf

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Offlinethirtygoats
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Re: DEA Classifies Novel Cannabinoids Delta-8 And -9 THCO As Controlled Substances [Re: veggie] * 2
    #28186682 - 02/14/23 04:48 AM (1 year, 3 months ago)

DEA = Braindead losers who only cause people to suffer so they can profit off of them by feeding them drug propaganda to make them ignorant.

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OfflineNotSheekle
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Re: DEA Classifies Novel Cannabinoids Delta-8 And -9 THCO As Controlled Substances [Re: thirtygoats] * 6
    #28186841 - 02/14/23 08:21 AM (1 year, 3 months ago)

Weird how their goal is to ban whatever they can justify with their technicalities rather than show any evidence their ban will help us.

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Invisiblevandago
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Re: DEA Classifies Novel Cannabinoids Delta-8 And -9 THCO As Controlled Substances [Re: veggie]
    #28186974 - 02/14/23 10:58 AM (1 year, 3 months ago)

I’m certain this will help :eyeroll:

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InvisibleGenericHero
crap dangit this sucks!


Registered: 07/07/20
Posts: 2,336
Re: DEA Classifies Novel Cannabinoids Delta-8 And -9 THCO As Controlled Substances [Re: NotSheekle] * 3
    #28187009 - 02/14/23 11:19 AM (1 year, 3 months ago)

Quote:

NotSheekle said:
Weird how their goal is to ban whatever they can justify with their technicalities rather than show any evidence their ban will help us.




This is an interesting point. These examples of bureaucracy will fight to remain relevant and secure funding. Nixon created the DEA by executive order in '73 I think. According to their own website, cartels weren't the problem back then.

Currently, they are doing such a shit job of intercepting drugs coming in to the US that they focus more on seizing the money instead. "It was because of the failure to stem the flow of product that US officials started turning to tracking and seizing the money that resulted from drug sales." https://www.pbs.org/wgbh/pages/frontline/shows/drugs/special/math.html#:~:text=Losses%20in%20the%20narcotics%20business,to%2040%25%20of%20cocaine%20shipments.
An old article I think. Currently, do we feel this has been an effective strategy? They couldn't stop coke or heroin. They can't currently do much about fentanyl. If all they're going to do is go after money maybe we're could make do with just the IRS.

Let's keep pumping money into ineffective methods. According to pewresearch.org, a majority of property and violent crimes go unreported. Of those that are reported, only a tiny amount are solved. Thin blue line. What a delusion. Obviously, more manpower and funding are the solutions...


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Invisibleellomello
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Re: DEA Classifies Novel Cannabinoids Delta-8 And -9 THCO As Controlled Substances [Re: GenericHero] * 2
    #28187197 - 02/14/23 02:08 PM (1 year, 3 months ago)

well D8 and thcO are both really pathetic alternatives for cannabis, and they won't be missed.
i really don't see this letter of opinion becoming a law anyway, it would be to much paperwork..
it seems really unfair, especially to store owners who have pounds of the stuff that WAS legal.


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PAY NO ATTENTION TO THE MAN BEHIND THE CURTAIN get back to the garden

some came singing, some come to play, some come for keeping the dark away

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InvisibleHolybullshit
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Re: DEA Classifies Novel Cannabinoids Delta-8 And -9 THCO As Controlled Substances [Re: veggie]
    #28188297 - 02/15/23 08:37 AM (1 year, 3 months ago)

Isn't this redundant given the analog act? Just seems like a pretty obvious bureaucratic powergrab...or else why not leave it up to those the people actually voted into office. It's not like people are dying...


And how does delta-8 make their list but not THCP...THCP is the only hemp derived analog which seems worthy of even a 2nd look regulation wise, imo, let alone actual prohibition...

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InvisibleThe Blind Ass
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Registered: 08/16/16
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Re: DEA Classifies Novel Cannabinoids Delta-8 And -9 THCO As Controlled Substances [Re: Holybullshit]
    #28188609 - 02/15/23 12:40 PM (1 year, 3 months ago)

Someone more knowledgeable in this stuff please tell me if Delta-8 THC and Delta-8 THCO are the same or two separate & different things?


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Give me Liberty caps -or- give me Death caps

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InvisibleAmanita86
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Re: DEA Classifies Novel Cannabinoids Delta-8 And -9 THCO As Controlled Substances [Re: The Blind Ass]
    #28188996 - 02/15/23 04:31 PM (1 year, 3 months ago)

I don’t think so, but I’m not 100% sure.  I’m also not sure if that article is using those terms correctly..


--------------------
:mushroom2:Orange clock, pencil:bouncysmoke:
"They threw me off the hay truck about noon...":fishing:
:mushroom2:*Mark 15:34:levitate::mushroom2::blueninja:
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InvisibleveggieM

Registered: 07/25/04
Posts: 17,538
Re: DEA Classifies Novel Cannabinoids Delta-8 And -9 THCO As Controlled Substances [Re: The Blind Ass]
    #28189001 - 02/15/23 04:35 PM (1 year, 3 months ago)

Quote:

Someone more knowledgeable in this stuff please tell me if Delta-8 THC and Delta-8 THCO are the same or two separate & different things?



I may be wrong, but my understanding has been that Delta-8 THC is a natural occurring cannabinoid and THC-O is a synthetic. Both can get you 'high' with Delta 8 being mild and THC-O being strong.

Other than that, I don't understand the chemistry of the two or how they are extracted/synthesized.

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InvisibleAmanita86
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Re: DEA Classifies Novel Cannabinoids Delta-8 And -9 THCO As Controlled Substances [Re: veggie]
    #28189011 - 02/15/23 04:42 PM (1 year, 3 months ago)

I think you add acid to delta 8 and it becomes thc-o.  I think delta 8 itself is in the clear because the plant actually makes it.  THC O is “lab made” so falls under the analog act.  I could be wrong about all that though.


--------------------
:mushroom2:Orange clock, pencil:bouncysmoke:
"They threw me off the hay truck about noon...":fishing:
:mushroom2:*Mark 15:34:levitate::mushroom2::blueninja:
Gam zeh ya’avor...:sunny:

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InvisibleThe Blind Ass
Bodhi
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Registered: 08/16/16
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Re: DEA Classifies Novel Cannabinoids Delta-8 And -9 THCO As Controlled Substances [Re: Amanita86]
    #28189651 - 02/16/23 01:05 AM (1 year, 2 months ago)

Is there such a thing as Delta-8-THCO -and- is that what the article is referring to?    The article title is worded weirdly enough to make me ask. :shrug:

Anywho.  The argument the DEA uses to make their case in the article seems flimsy at best from where I'm at.  Nothing new there I suppose.


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Give me Liberty caps -or- give me Death caps

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Invisiblebadchad
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Registered: 03/02/05
Posts: 13,379
Re: DEA Classifies Novel Cannabinoids Delta-8 And -9 THCO As Controlled Substances [Re: Holybullshit] * 2
    #28190016 - 02/16/23 10:10 AM (1 year, 2 months ago)

Quote:

Holybullshit said:
Isn't this redundant given the analog act? ..




Not really.  The analog act doesn't prospectively schedule drugs.  For example, if someone was caught with a random "analog" of something, its not automatically scheduled.  The DEA has to go to court, get expert witnesses, and they have to "prove" that something is indeed an analog.  It's a relatively long and arduous process that they would rather not use.


--------------------
...the whole experience is (and is as) a profound piece of knowledge.  It is an indellible experience; it is forever known.  I have known myself in a way I doubt I would have ever occurred except as it did.

Smith, P.  Bull. Menninger Clinic (1959) 23:20-27; p. 27.

...most subjects find the experience valuable, some find it frightening, and many say that is it uniquely lovely.

Osmond, H.  Annals, NY Acad Science (1957) 66:418-434; p.436

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InvisibleHolybullshit
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Re: DEA Classifies Novel Cannabinoids Delta-8 And -9 THCO As Controlled Substances [Re: badchad]
    #28203605 - 02/25/23 07:41 AM (1 year, 2 months ago)

My point still stands....the analog act was passed to give the DEA the ability to go after novel substances that are analogs of schedule I drugs...they need to leave the scheduling up to the people who were actually voted into office, if they want to recommend substances to be scheduled that's one thing but to do so unilaterally is just a bureaucratic power grab.

I don't think whining about their lawyers being incompetent, or jurors being too stupid, are legitimate excuses to circumvent those who represent "we the people".

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OfflineNeurotech
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Re: DEA Classifies Novel Cannabinoids Delta-8 And -9 THCO As Controlled Substances [Re: Holybullshit] * 1
    #28206838 - 02/27/23 01:44 PM (1 year, 2 months ago)

It looks like a desperate attempt to make sure they still have jobs to do as drug laws become obsolete. Much as how the war on marijuana followed prohibition ending.

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