The Drug Enforcement Administration states that both the delta-8 and -9 THC-O cannabinoids, which have gained popularity in recent years, should be considered illegal controlled substances. The Drug Enforcement Administration considers illegal new cannabinoids called “hemp derivatives” that do not exist naturally in the hemp plant, such as the THC acetate ester, commonly known on the market as THC-O. The agency's opinion on the controversial issue was made public on Monday thanks to North Carolina-based cannabis lawyer Rod Kight. That bill legalized hemp production across the country and, in turn, caused an avalanche of products containing “intoxicating cannabinoids” derived from hemp.
Unlike delta-8 THC and delta-9, which exist naturally in the hemp plant, THC acetate, or THC-O, does not exist. As “it can only be obtained synthetically and therefore does not fall under the definition of hemp,” wrote Terence L Boos. It is currently unclear how the DEA clarification will affect the market. While the federal agency likely lacks the capacity and interest to crack down on hemp merchants who sell products containing THC acetate, state regulators have also sounded the alarm about intoxicating cannabinoids derived from hemp.
Either way, the DEA's interpretation of the law is direct and clear, Kight told MJBizDaily. The main difference between THC-O and Delta 9-THC is federal and state legality. THC-O is fully federally legal and legal in 41 states, while Delta 9-THC is federally illegal and illegal in most states. Both THC-O and Delta 9-THC produce euphoric psychoactive effects in consumers and bring a wide variety of medical and recreational benefits.
Technically, THC-O is a legal derivative of hemp under federal law, but that doesn't necessarily mean it's legal everywhere. Most likely, the Drug Enforcement Administration (DEA) considers that hemp-derived THC-O is an illegal product. This means that THC-O, which is made from legal hemp material, is not a substance controlled by federal law, but keep in mind that some states may classify it differently. Next, we'll clarify any questions about the legality of THC-O and give you some tips on how to ensure that the THC-O products you buy are manufactured legally and safely.
This means that, although THC-O is technically legal, it is likely to give the same positive drug test result as other THC-containing products. In other words, even if THC-O is legal in your area, it will show up on drug tests just like traditional THC products, and it can be difficult to prove what form of THC you've consumed. This means that while THC-O is currently legal without regulation, its legal status could change abruptly once the FDA implements the regulations. Since THC-O is not found naturally in hemp, its legality is highly questionable considering the DEA's position on synthesized cannabinoids and the Analog Act.
THC-O is superior to the traditional and illegal Delta 9-THC because it contains practically all the benefits and effects of Delta 9-THC, but it is totally legal at the federal level and legal in 41 states of the United States. THC-O is legal in Connecticut, Florida, Georgia, Hawaii, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Nebraska, Nevada, New Jersey, New Mexico, New Mexico, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, South Dakota, Tennessee, Texas, Virginia, Washington, West Virginia and Wyoming. Since the products only contain THC-O made from 100% hemp extract, companies can manufacture, distribute and sell to consumers in the United States completely legally. States where THC-O is illegal include Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, New York, Rhode Island, Utah and Vermont.