According to the DEA, THC-O is a federally illegal substance

The Drug Enforcement Administration (DEA) confirmed the opinion in a letter to cannabis law expert Rod Kight that the cannabinoid THC-O is an illegal Schedule 1 drug.

Attorney Kight, who advises hemp and marijuana companies, explained the DEA's opinion yesterday in his law blog.

Kight wrote that THCO, though it can be made from hemp cannabinoids, does not occur naturally in nature. It is a laboratory creation that is not found in nature.

Under the DEA's position, companies manufacturing or selling THC-O products are subject to federal enforcement, including seizure and prosecution.

What makes THC-O different from other hemp-derived cannabinoids?

Using either delta 9 THC (derived from marijuana) or delta 8 THC (derived from hemp-sourced CBD), THC-O is produced by mixing acetic anhydride with delta 9 THC. As a result of ketene being produced when the acetate form of THC is heated, THC-O may be dangerous to vape or smoke.)

THCP, HHC, and delta-10 THC are also recently marketed cannabinoids produced in laboratories. Delta 8 THC is the most popular of these compounds.

These cannabinoids are produced commercially by processing hemp-derived CBD with heat or chemical catalysts. However, only THC-O occurs naturally in hemp plants and is considered a Schedule 1 drug.

The Farm Bill and recent Ninth Circuit decisions don’t protect THC-O.

In 2018, the Farm Bill legalized hemp and all its compounds and derivatives containing less than 0.3 percent delta 9 THC. Last year, the Ninth Circuit Court of Appeals affirmed that Delta 8 THC meets the definition of a federally legal hemp derivative in the Farm Bill.

That decision covers hemp-derived cannabinoids, except THC-O.

Rod Knight states, “D8 [Delta 8 THC] is distinguished from THCO because the hemp plant naturally produces D8, but not THCO.” From this perspective, and unlike D8, THCO is appropriately viewed as synthetic THC rather than ‘hemp.’ Because of this, I have consistently advised clients not to manufacture or distribute THCO.”

For the health and safety of the public, psychoactive cannabinoids, whether synthetic or naturally occurring, should be regulated responsibly."

11th Apr 2023 Angelo Stefano

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