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United States: UPDATED: The Delta-8 THC Loophole (Mondaq)

Cannabis Law Report

United States: UPDATED: The Delta-8 THC Loophole. 16 November 2021. Update: Since the posting of this blog, Drug Enforcement Administration officials have made comments suggesting that delta-8 THC is not a federally controlled substance. As of November 11, 2021, the DEA has yet to issue a binding opinion.

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USDA NON-ENFORCEMENT OF DEA-LAB AND DISPOSAL REQUIREMENTS

Cannabis Law Report

After a significant outcry by the hemp community, the USDA is backing down from its requirement that all hemp be tested at DEA-registered labs for the 2020 season. However, hemp producers should be aware that the USDA expects to begin enforcing the requirement to use DEA-registered labs for the 2021 growing season.

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NIDA Monopoly is Over: New DEA-Registered Cannabis Growers Can Supply Researchers with Product

Cannabis Law Report

Drug Enforcement Agency (DEA) to cultivate marijuana for research purposes. The DEA dragged their feet on this plan for years, so lawsuits were filed. Since then, the DEA has licensed four additional bulk manufacturers of marijuana. delta-9 THC, meaning they aren’t a controlled substance under federal law.

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HIA Issues Legal Position Statement Supporting Delta-8 THC

Cannabis Law Report

The HIA issued a statement in support of delta 8 THC and other hemp cannabinoids. The Hemp Industries Association (HIA) issued a press release and accompanying legal position statement in support of delta-8 THC and other hemp cannabinoids today. June 23, 2021. You can read the legal position statement below or by clicking here.

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Answer of the Day for Dec 10, 2021

TheAnswerPage

Has the Drug Enforcement Administration (DEA) issued any statements about the legal “loop hole” in the Farm Bill and the production and sale of ?8-THC? The DEA specifically lists ?8-THC 8-THC as a Schedule I substance (under the category tetrahydrocannabinols). 2021.0097.

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Document: U.S. Department of Justice Drug Enforcement Administration FY 2021 Performance Budget Congressional Budget Submission

Cannabis Law Report

In its performance budget submission to Congress for fiscal year 2021, DEA gave an overview of its enforcement efforts and made predictions about future trends. Until then, the potential for abusing current law remains a possibility due to the difficulty in detecting THC potency by law enforcement.”. dea_cj_fy_2021_03062020.

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Answer of the Day for Dec 7, 2021

TheAnswerPage

8-THC, just like ?9-THC, 9-THC, is a phytocannabinoid and the two phytocannabinoids are chemically similar. 8-THC, just like ?9-THC, 9-THC, is designated as a schedule I drug by the federal Drug Enforcement Agency (DEA), BUT ? 8-THC products, including gummies, edibles, oils, and vapes, etc.

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