Understanding Hemp Derived Cannabinoid Legality
Cannabinoids that are legal to sell: Delta-8 THC derived from hemp, Delta-9 THC derived from hemp, HHC derived from hemp, CBN, CBD, CBG, and other non-THC-containing cannabinoids.
Agriculture Improvement Act of 2018 (Farm Bill)
“SEC. 297 A. DEFINITIONS.
“In this subtitle:
“(1) HEMP.-The term ‘Hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
Shipping Hemp Derived Cannabinoids
SEC. 10114. INTERSTATE COMMERCE.
(b) TRANSPORTATION OF HEMP AND HEMP PRODUCTS - No State or Indian Tribe shall prohibit the transportation or shipment of hemp or hemp products produced in accordance with subtitle G of the Agricultural Marketing Act of 1946 (as added by section 10113) through the State or the territory of the Indian Tribe, as applicable.
Trademark Protection of Hemp-Derived Delta-8 THC Products
AK Futures LLC v. Boyd Street Distro LLC, et al, (0:21-cv-56133), Ninth Circuit U.S. Court of Appeals
“The record on appeal convinces us that AK Futures’ delta-8 THC products are lawful under the plain text of the Farm Act and may receive trademark protection.”
DEA: Hemp-Derived Cannabinoids
“The CSA [Controlled Substances Act], however, excludes from control “tetrahydrocannabinols in hemp (as defined under section 1639o of Title 7).” Hemp, in turn, is defined as “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol [( 9 -THC)] concentration of not more than 0.3 percent on a dry weight basis.” 7 U.S.C. 1639o(1). Accordingly, cannabinoids extracted from the cannabis plant that have a 9 -THC concentration of not more than 0.3 percent on a dry weight basis meet the definition of “hemp” and thus are not controlled under the CSA.” Terrence L. Boos, Ph.D., Chief Drug & Chemical Evaluation Section Diversion Control Division
DEA: Delta-8 THCO and Delta-9 THCO
“Delta-9-THCO and delta-8-THCO do not occur naturally in the cannabis plant and can only be obtained synthetically, and therefore do not fall under the definition of hemp.” Terrence L. Boos, Ph.D., Chief Drug & Chemical Evaluation Section Diversion Control Division.