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SCs are part of the designer drug market and are typically liquid agents applied on plant material to look like marijuana.

The cannabis community swiftly reacted with an interpretation that this Rule outlawed Delta-8 THC, the hemp industrys new favorite cannabinoid.

The impact is that if Delta-8 THC is, in fact, a Schedule I controlled substance, the threat of felonious criminal prosecution would thwart the commercial viability of this cannabinoid.

We dug into the Rule and other materials, and we disagree with the now illegal conclusion.

Any of those that are above the 0.3 Delta-9 THC threshold are controlled substances.

Delta-9 THC is the most widely known cannabinoid and causes a psychotropic reaction felt as an intoxicating high.

Delta-8 THC, on the other hand, is nowhere near as well known and has been gaining in popularity over the last year, largely due to its alleged ability to have a substantially different and significantly less intoxicating but still mind-altering effect.

There is also research dating back to 1975 r egarding its potential for treating cancer and other studies exist showing various potential health benefits (see here, here and here ).

This carveout indicates any type of THC from a cannabis plant with Delta-9 THC at or below 0.3 is legal (at the federal level).

It is important to note there may be states with more restrictive laws that do criminalize Delta-8 THC, even when derived from hemp.

The DEA doesnt schedule every substance that produces mind-altering effects, such as kratom.

For synthetically derived tetrahydrocannabinols, the concentration of 9-THC is not a determining factor in whether the material is a controlled substance.

Delta-8 is a phytocannabinoid naturally existing in the cannabis plant it is organically derived.

Its natural occurrence is too low to be extracted outright, but and we do not claim to be chemists it is our understanding there is an isomerization process that can take place to convert CBD to Delta-8 THC.

Isomerization is the transformation of one isomer into another, isomers being molecules with the same molecular formula, but having a different arrangement of the atoms in space.

We dont believe that isomerization converts a phytocannabinoid into a synthetic one in the manner synthetic is used by the DEA.

The 2018 Farm Bill definition of hemp includes all isomers of hemp.

Therefore, any isomer of a hemp plant is also hemp and, pursuant to the 2018 Farm Bill, does not fall under the Controlled Substances Act (the CSA).

If the concept that any material formed from any sort of human controlled chemical action taking place means that material is synthetically derived, then that would mean all of the hemp-derived products that go through processing are synthetic, and that is simply not the case.

This article does a good job explaining the differences between synthetically derived cannabinoids, biosynthesis, and plant-based extraction.

It does not seem feasible to conclude that isomerization of a hemp-cannabinoid equates to material becoming synthetically derived.

This DEA Fact Sheet on K2Spice says SCs are not organic, but are chemical compounds created in a laboratory.

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