Delta 8 THC is a compound found in cannabis that has been gaining popularity in recent years due to its purported health benefits. However, on August 20, 2020, the Drug Enforcement Administration (DEA) issued an interim final rule that classified delta 8 THC as a Schedule I controlled substance under the Controlled Substances Act (CSA). This classification has raised concerns among manufacturers, sellers, and consumers of delta 8 THC products.
What is Delta 8 THC?
Delta 8 THC is a psychoactive compound that occurs naturally in cannabis plants. It is similar to delta 9 THC, the primary psychoactive compound in cannabis, but with some subtle differences. Delta 8 THC is less potent than delta 9 THC, so it produces a milder high. It also has some unique chemical properties that make it attractive for medicinal purposes.
Delta 8 THC has been reported to have anti-inflammatory, anti-anxiety, and pain-relieving effects. It may also help with nausea and appetite stimulation. Unlike delta 9 THC, delta 8 THC is not associated with paranoia or anxiety in some people.
The DEA Classification of Delta 8 THC
Under the CSA, the DEA has the authority to classify drugs based on their potential for abuse, medical usefulness, and safety. Schedule I drugs are considered to have a high potential for abuse, no medical use, and a lack of safety. Some examples of Schedule I drugs include heroin, LSD, and marijuana.
The DEA’s interim final rule classified delta 8 THC as a Schedule I controlled substance because it is a psychoactive compound found in cannabis. According to the DEA, delta 8 THC is chemically similar to delta 9 THC and has a high potential for abuse. The DEA also cited concerns about the lack of research on delta 8 THC’s safety and medical uses.
Impact on Delta 8 THC Industry
The DEA’s classification of delta 8 THC as a Schedule I drug has significant implications for the delta 8 THC industry. Manufacturers and sellers of delta 8 THC products are now subject to federal regulation and could face criminal charges for producing and distributing delta 8 THC products. Consumers of delta 8 THC products may also face legal consequences for possession and use.
The DEA’s classification of delta 8 THC as a Schedule I drug has also caused confusion in the industry. Some manufacturers and sellers are unsure if their products are now illegal, while others are continuing to sell delta 8 THC products until they receive further guidance from the DEA or Congress.
Legal Challenges to DEA Classification
Since the DEA’s interim final rule was issued, several legal challenges have been filed against the classification of delta 8 THC as a Schedule I drug. The challenges argue that the DEA did not follow proper rule-making procedures and that delta 8 THC does have medical uses.
Some legal experts also argue that delta 8 THC is not explicitly listed under the CSA and therefore should not be considered a controlled substance. However, the DEA has argued that delta 8 THC is covered under the CSA’s definition of “tetrahydrocannabinols,” which includes all isomers of THC.
Conclusion
The DEA’s classification of delta 8 THC as a Schedule I drug has caused uncertainty and confusion in the delta 8 THC industry. Manufacturers, sellers, and consumers are now subject to federal regulation and could face legal consequences for producing, distributing, or using delta 8 THC products. However, legal challenges to the DEA’s classification are ongoing, and the future of delta 8 THC remains uncertain.