News: THC-O Qualifies As Legal Hemp Under Federal Law, Appeals Court Says, Rejecting DEA’s Restrictive Stance.
Published 09:00 AM EST, Fri September 06, 2024
In rejecting DEA’s 2023 interpretation of the law, the Fourth Circuit panel sided with an earlier opinion out of the Ninth Circuit Court of Appeals that ruled the Farm Bill’s legalization of hemp removed restrictions on a wide range of cannabinoids, for example delta-8 THC.
The U.S. Court of Appeals for the Fourth Circuit has ruled that THC-O-acetate, a hemp-derived cannabinoid, is federally legal under the 2018 Farm Bill. This decision overturns the Drug Enforcement Administration's (DEA) stance that THC-O is a Schedule I controlled substance. The court sided with a previous ruling by the Ninth Circuit that legalized a wide range of cannabinoids derived from hemp. The Fourth Circuit's ruling emphasizes the unambiguous language of the Farm Bill and rejects the DEA's interpretation.
The ruling has significant implications for the hemp industry, as it could lead to the legalization of other cannabinoids like THCA. Cannabis attorney Rod Kight described the decision as "groundbreaking and unexpected." While the majority of the Fourth Circuit panel supported the ruling, one judge dissented, questioning whether THC-O qualifies as a legal hemp derivative.
The DEA has maintained its position that synthetic cannabinoids are banned and is working on a final rule to clarify its stance. However, the Fourth Circuit's ruling challenges the DEA's authority to interpret the Farm Bill and suggests that federal courts will prioritize the clear language of the law. This decision could have a significant impact on the future of the hemp industry and the ongoing debate surrounding the legality of hemp-derived cannabinoids.
Source: Marijuana Moment
