You’ve likely been made aware of the recent DEA stance regarding THCO that has caused concern across the industry. Primitive Farms LLC & Premium Vapor Technologies LLC, would like to do our part in providing clarity as to how this affects THCO’s legality.
The 2018 Farm Act along with a 2022 case in the U.S Court of Appeals for the Ninth Circuit shows legal precedence for this type of hemp derived product.
“ The DEA explains the Farm Act does not affect “the control status of synthetically derived tetrahydrocannabinols” because hemp, as defined by the statute, “is limited to materials that are derived from the plant Cannabis sativa L.” 85 Fed. Reg. at 51,641. ” This language suggests the source of the product—not the method of manufacture—is the dispositive factor for ascertaining whether a product is synthetic. A recent agency letter bolsters this understanding. There, the DEA clarifies that “synthetic” delta-8 THC is produced “from non-cannabis materials” and thus remains banned.”
It goes on to state, ” We need not consider the agency’s interpretation, because [the Farm Act] is unambiguous and precludes a distinction based on manufacturing method. Clear statutory text overrides a contrary agency interpretation. The Farm Act’s definition of hemp does not limit its application according to the manner by which “derivatives, extracts, [and] cannabinoids” are produced. Rather it expressly applies to “all” such downstream products so long as they don’t cross the 0.3% delta-9 THC threshold.”
The DEA appears to understand the Farm Act’s definition of hemp in the same manner as the court. Meaning, if the starting material is the hemp plant it is considered legal. This indicates the source of the product, rather than the manufacturing method determines if a product is synthetic.
The 2018 Farm Act permits Tetrahydrocannabinol’s derived from hemp and removed them the controlled substance list. Additionally, section 297A of the Agricultural Marketing Act of 1946, states that Schedule 1 of the Controlled Substances Act is amended “after ‘Tetrahydrocannabinols'” by inserting “except for tetrahydrocannabinols in hemp”. This same section defines “hemp” as the plant Cannabis Sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta 9 THC concentration of not more than 0.3 percent on a dry weight basis.”
In essence, as long as these products are hemp derived and below the .3% Delta-9 THC threshold then they are 100% legal (including THCO). Each and every product that Primitive Farms LLC producer of the Chilloh’s brand follows these guidelines. We will continue to provide our customers with high quality third party tested cannabinoids. If you have any concerns about whether the products you’re selling are derived from hemp, or from non-cannabis materials, please don’t hesitate to reach out for more information. Thank you for your continued support!
