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DEA Plans New Rules Impacting Hemp-Derived Cannabinoid Markets

MRBDEA Plans New Rules Impacting Hemp-Derived Cannabinoid Markets

The U.S. Drug Enforcement Administration (DEA) is considering significant changes to hemp-derived cannabinoid and CBD markets. At the DEA’s Supply Chain Conference, Chief Terrence Boos stated the agency aims to release rules clarifying that cannabinoids synthesized from hemp, such as delta-8 and delta-9 THC, are controlled substances under the Controlled Substance Act.

Shane Pennington from Vincente Sederberg, a cannabis law firm, attended the conference and noted the implications of the 2018 Farm Bill legalizing hemp. Post-2018 Farm Bill, “intoxicating” products like delta-8 or hemp-derived delta-9 emerged, leading some states to regulate or ban them. While the DEA previously deemed natural cannabis constituents uncontrolled, synthetic conversion of products raised legal ambiguity.

Boos mentioned the U.S. Department of Health and Human Services (HHS) recommended decontrolling CBD with up to 0.1% THC. Although non-binding, DEA historically respects HHS recommendations. Once HHS’s advice arrives, DEA will review, analyze, and publish a proposed rule, a typically lengthy process.

However, given President Biden’s push for cannabis reconsideration and DEA’s focus on cannabis scheduling, the process might speed up. These potential changes could have substantial impacts on the market, particularly for delta-8 products, and coincide with discussions surrounding the renewal of the Farm Bill, which may lead to comprehensive regulations for intoxicating cannabinoids.

By FCCT Editorial Team

Disclaimer: The views expressed in this article are independent views solely of the author(s) expressed in their private capacity.

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