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The Drug Enforcement Administration (DEA) will soon be proposing new rules to clarify that synthetically manufactured cannabinoids like delta-8 THC are prohibited controlled substances.<\/p>\n
At the agency\u2019s 2023 Supply Chain Conference earlier this month, Terrance Boos, chief of DEA\u2019s Drug and Chemical Evaluation Section, said that officials have received \u201cmultiple petitions\u201d on the issue and are \u201cin the process of modifying our [regulations]\u201d on cannabis constituents based on recommendations from the U.S. Department of Health and Human Services (HHS).<\/p>\n
One change, Boos said in the speech<\/a>, which was first noted<\/a> by the law firm Vicente LLP, would be to \u201cdecontrol CBD up to 0.1 percent THC on a weight-to-weight or weight-to-volume basis.\u201d<\/p>\n Based on a slideshow presentation<\/a> that accompanied the speech, it appears that he was referring to plans to deschedule synthetic CBD. Hemp-derived cannabidiol that\u2019s naturally produced is no longer regulated by DEA as long as the preparations it is contained in have no more than 0.3 percent THC by dry weight.<\/p>\n Via DEA.<\/p>\n<\/div>\n Boos said that the intent of the forthcoming rulemaking will be to provide clarity and clear up confusion about the legal status of various cannabinoids since hemp and its derivatives were federally legalized under the 2018 Farm Bill.<\/p>\n Since then, the market for cannabis products, including edibles and tinctures, has rapidly expanded. And the emergence of intoxicating cannabinoids like delta-8 THC has prompted lawmakers in states across the country to enact a patchwork of regulations for the products.<\/p>\n Delta-8 THC does occur naturally in cannabis in trace amounts, and DEA has previously confirmed that those natural constituents are uncontrolled<\/a>. But many products are being produced synthetically, through a chemical process that converts CBD into delta-8 THC.<\/p>\n Via DEA.<\/p>\n<\/div>\n That is not allowed, Boos said, emphasizing that \u201csynthetic tetrahydrocannabinols were not exempted\u201d from the Controlled Substances Act (CSA) even though hemp and its naturally produced derivatives were legalized.<\/p>\n \u201cThat act of taking that substance in any synthetic step now brings it back under the CSA,\u201d he said, adding that \u201ca number of states have come up with [regulatory] responses. It\u2019s somewhat of a patchwork right now.\u201d<\/p>\n Via DEA.<\/p>\n<\/div>\n Marijuana Moment reached out to DEA for clarification, but a representative did not respond by the time of publication.<\/p>\n Earlier this year, DEA also clarified to an attorney that two cannabinoids that have emerged in state markets\u2014delta-8 THC-O and delta-9 THC-O\u2014do not meet the federal definition of legal hemp<\/a> and are therefore considered illegal controlled substances.<\/p>\n The agency announced in 2020 that it had removed the prescription CBD medication Epidiolex from Schedule V of the CSA, fully descheduling the cannabis medication<\/a>.<\/p>\n Shawn Hauser, a partner at Vicente LLP who co-chairs the firm\u2019s Hemp and Cannabinoids Department, told Marijuana Moment on Tuesday that it\u2019s important to keep in mind that DEA has so far only issued an interim final rule to codify regulatory changes in response to hemp legalization under the 2018 Farm Bill.<\/p>\n The point of addressing the cannabinoid issue at DEA\u2019s supply chain conference is essentially part of the agency\u2019s outreach for input as they prepare the final rule, she said.<\/p>\n \u201cPeople really need to be paying attention,\u201d Hauser said.<\/p>\n Not only is a final rule coming from DEA, but the market could also see significant changes under the next iteration of the farm bill later this year, as well as the ongoing broader review of marijuana scheduling that President Joe Biden directed last year.<\/p>\n \u201cI think it\u2019s important that companies look at this as a whole, because what we\u2019re seeing in all these states is this debate as to where do these synthetics and intoxicating hemp products belong? What\u2019s the best approach for public safety? What is their legality?\u201d she said. \u201cThe states have had some legitimate level of confusion about the federal legality around some of these synthetically derived cannabinoids.\u201d<\/p>\n Hauser attributes part of the confusion to the lack of regulatory guidance from the Food and Drug Administration (FDA)<\/a>, which has declined to enact rules allowing hemp-derived CBD products to be marketed as food and beverage items, or as dietary supplements. FDA says it needs congressional support to implement such regulations.<\/p>\n With respect to DEA\u2019s future rulemaking on synthetic cannabinoids, it\u2019s unclear what that might mean from an enforcement standpoint.<\/p>\n \u201cI think it continues to be the case that enforcement resources are limited,\u201d Hauser said. It seems likely that FDA will continue to enforce where there\u2019s public safety issues and legality, like they did in the joint enforcement action in Minnesota.<\/a>\u201d<\/p>\n Meanwhile, HHS Secretary Xavier Becerra recently said his agency remains committed to \u201cexpeditiously\u201d carrying out a scientific review<\/a> of marijuana as part of Biden\u2019s scheduling directive last year\u2014but he\u2019s making clear that the final decision is up to DEA.<\/p>\n U.S. Attorney General Merrick Garland said at a Senate hearing in March that DOJ is \u201cstill working on a marijuana policy\u201d<\/a>\u00a0while awaiting the results of the scientific review from health agencies.<\/p>\n Senator Pushes Marijuana Banking Bill Amendment To Provide Industry Access To Small Business Administration Services<\/a><\/p>\n<\/blockquote>\n\n Photo courtesy of Chris Wallis \/\/ Side Pocket Images.<\/em><\/p>\n The post DEA Official Says New Rules Are Coming For Synthetic Cannabinoids, Including CBD And Delta-8 THC<\/a> appeared first on Marijuana Moment<\/a>.<\/p>\n
The Drug Enforcement Administration (DEA) will soon be proposing new rules to clarify that synthetically manufactured cannabinoids like delta-8 THC are prohibited controlled substances. At the agency\u2019s 2023 Supply Chain Conference earlier this month, Terrance Boos, chief of DEA\u2019s Drug and Chemical Evaluation Section, said that officials have received \u201cmultipleContinue Reading<\/a><\/span><\/p>\n","protected":false},"author":458,"featured_media":65097,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[18,81],"tags":[],"_links":{"self":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/65096"}],"collection":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/users\/458"}],"replies":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/comments?post=65096"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/65096\/revisions"}],"predecessor-version":[{"id":65098,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/65096\/revisions\/65098"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media\/65097"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=65096"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=65096"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=65096"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}![\"\"](\"https:\/\/cannabiscultivatornews.com\/home\/wp-content\/uploads\/2023\/05\/Screen-Shot-2023-05-16-at-12.52.09-PM-1024x608-1.png\")
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\nRead More: DEA Official Says New Rules Are Coming For Synthetic Cannabinoids, Including CBD And Delta-8 THC<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"