Delta-8 tetrahydrocannabinol (Delta-8 THC) is the fastest growing segment of hemp-derived products in the US. However, despite its popularity, the legality of Delta-8 THC and its products remains unclear.
Delta-8 THC is derived from hemp-derived cannabidiol (CBD) through chemical conversion, which has led to legal confusion. The Drug Enforcement Administration (DEA) considers all synthetically derived tetrahydrocannabinols to be schedule I controlled substances. Since the DEA has a history of hostility towards cannabis, it is possible that they would classify Delta-8 THC as an illegal schedule I controlled substance. Until the DEA clarifies the legality of Delta-8 THC, anyone interested in this market should be aware of the potential risks.
Similarly to CBD-infused products, Delta-8 THC products fall under the jurisdiction of the Food and Drug Administration (FDA) and their safety for human consumption needs to be evaluated. While many states have adopted the federal definition of hemp, some have not, and a handful of states have expressly listed Delta-8 THC as a controlled substance. Companies must understand the relevant state laws to ensure compliance with all applicable regulations and mitigate the risk of enforcement actions.
In conclusion, the popularity of Delta-8 THC has led to a complex legal landscape, and until the DEA clarifies its stance on this cannabinoid, businesses should approach this market with caution. Companies must ensure compliance with all applicable laws and regulations to mitigate the risk of enforcement actions.