In a recent Florida Town Hall hosted by the USDA, DEA Chief of Intergovernmental Affairs Sean Mitchell was asked how the DEA views the legality of Delta-8.
Mitchell said, “what I want to say, and I’ll be very, very deliberate and clear, at this time — I repeat again, at this time — per the Farm Bill, the only thing that is a controlled substance is delta-9 THC greater than 0.3% on a dry-weight basis.”
This statement is important for the hemp industry because some recent comments from the DEA have put Delta-8 in a legal “grey area” in some states. Leaving consumers and producers alike to navigate the legality of Delta-8 on a state-by-state basis.
Why is Hemp legal under the Farm Bill?
Both Marijuana and Hemp are species of Cannabis Sativa plants. Marijuana is federally illegal, but Hemp became federally legal when the Farm Bill passed in 2018. This bill decriminalized hemp-derived products that contained less than 0.3% THC. Marijuana remains federally illegal because of its high THC content.
From a federal perspective, any hemp-derived products that contain less than 0.3% THC should be protected under the Farm Bill. Where it gets complicated is in states where marijuana is illegal. Regulators try to question the legal status of other cannabinoids, like Delta-8. However, based on the latest Town Hall, the DEA is signaling that these cannabinoids are not considered controlled substances at the federal level.
You Can Watch the Entire Town Hall Here:
What Is The Main Takeaway?
This recent statement means that in the DEA’s eyes, Delta-8 is federally legal. And the only compound that can be federally regulated is Delta-9-THC, more commonly known as THC. These are big wins for the hemp industry and help answer many questions that have been circling in recent months around Delta-8.
Still Have Questions?
Navigating the ever-changing legal landscape is tricky, and we’re in this together! Feel free to message us on social media or send us an email if you have concerns around the legality of Delta-8 in your state.