Delta 8 THC, a naturally occurring cannabinoid found in very low amounts in hemp and cannabis plants, has a molecular structure similar to Delta 9 THC, the main psychoactive compound in cannabis, but is known to produce a significantly milder intoxicant effect.
The 2018 Farm Bill legalized hemp and its derivatives with no more than 0.3% Delta 9 THC in dry weight, creating a legal gray area for Delta 8 THC, which has led to the proliferation of Delta 8 THC in the form of various legal hemp derivatives and its sale with little regulation.
Because the U.S. Drug Enforcement Administration (DEA) does not explicitly classify them as controlled substances, despite the agency's position that all synthetic THCS should be treated as Schedule I controlled substances, regardless of their source or potency, this position has been questioned by a wide range of hemp industry participants. They argue that Delta-8 THC in legal hemp should be exempt from the same restrictions as Delta-9 THC.
In June, the U.S. Court of Appeals for the Ninth Circuit issued a landmark ruling that Delta-8 THC derived from legal hemp sources is not a controlled substance under federal law and asked the DEA to re-evaluate its classification once again. This directly contradicts the position of the U.S. Drug Enforcement Administration (DEA), which considers all synthetic THC, including Delta-8 THC, to be a Schedule I controlled substance.
The ruling is significant because it has the potential to reshape the regulatory landscape of the cannabinoid industry in the United States, encouraging further exploration and commercialization of hemp derivatives, while also highlighting the ongoing tension between federal regulations and the rapidly evolving hemp industry.
