DEA to Unveil New Rules for Delta-8 THC

The U.S Drug Enforcement Administration (DEA) will soon unveil new rules regarding synthetic cannabinoids.

The new rules are believed to cover various topics, including modifications to drug scheduling, counterfeit pill operations, and internet drug trafficking. It will also address the evolution of designer drugs, including synthetic cannabinoids like delta-8 THC, Spice and synthetic opioids.

delta-8 products have been on the rise in 2021 and 2022. delta-8 THC only appears naturally in cannabis in minimal amounts, so most delta-8 THC products are produced via a chemical process that converts CBD into delta-8 THC. 

The DEA website states, “It is important that businesses remain engaged with the current federal agency scheduling activity relating to marijuana and hemp that will impact the legality of cannabis products. The FDA and DEA are poised to make scheduling reforms for cannabis and hemp. In addition, important legislation such as the 2023 Farm Bill may alter the legal classification of specific cannabis products.”

“We expect DEA to review HHS’s recommendation, develop its analysis, and eventually publish a proposed rule tracking FDA’s recommendation in the Federal Register this Fall.” 

In February, the DEA published a letter stating that delta-9-THCO and delta-8-THCO are not hemp but are still classed as scheduled substances. 

“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.” 

In October 2022, the Food and Drug Administration (FDA) held a During the discussion, FDA principal deputy commissioner Janet Woodcock explained that the FDA manages “the scientific and medical assessment” for cannabis using information supplied by NIDA- the National Institute on Drug Abuse.“We are working diligently on looking at the scheduling of marijuana under the Controlled Substance Act and what flexibilities we might have here,” 

However, it was confirmed that the DEA “has the final word” on the subject of scheduling substances, and this limitation makes it “very, very difficult” to study cannabis based on the currently existing protocols.