The U.S. Federal Court of Appeals has ruled that THC-O overturns the DEA’s position that THC-O is an illegal synthetic cannabinoid and confirms that it is a legal marijuana derivative under the 2018 Farm Bill.
U.S. courts have ruled THC-O a legal cannabinoid
According to Vaping 360, As reported by the U.S. Federal Court of Appeals on September 10. THC-O is a legal substance that meets the definition of a cannabinoid under the 2018 Farm Bill. The decision overturns the U.S. Drug Enforcement Administration’s (DEA) Before this, THC-O was considered an illegal synthetic cannabinoid not protected by the Farm Bill.
On Sept. 4, a three-judge panel of the Fourth Circuit Court of Appeals reversed a lower court’s decision in a case where an employee was fired for illegal drug use because an employee failed a drug test arranged by the employer.
Rod Kight, a marijuana attorney, called the decision “groundbreaking and unexpected.”
Kight said the ruling could also throw cold water on the DEA’s plans to crack down on THCA manufacturers.
THC – which is tetrahydrocannabinol (THC) acetate – can provide a stimulant for marijuana and many cannabis products.
Dea enforcement is stymied
The DEA said in a February 2023 letter that THC-O is a federally illegal Schedule 1 drug because it cannot be found naturally in the legal marijuana plant. THC-O is converted from delta 8 THC by a chemical catalyst from CBD extracted from marijuana, but delta 8 THC can also be detected in the marijuana plant. The DEA argues that THC-O product manufacturers are subject to federal enforcement, including seizure and prosecution.
However, the Fourth Circuit disagreed and held that the Ninth Circuit’s May 2022 ruling on delta 8 THC made more sense in terms of the legal marijuana definition. The court said that a marijuana derivative is not an illegal drug unless it contains 0.3 percent or more delta 9 THC. These are the definitions used in the Farm Bill, including all “marijuana derivatives, extracts, and cannabinoids.”
- “Between the February 2023 DEA letter and [the Ninth Circuit decision], we believe the Ninth Circuit is better suited to interpret the 2018 Farm Bill. Notwithstanding the DEA’s interpretation, we can make this judgment for ourselves because we agree with the Ninth Circuit’s holding that [the definition of marijuana in the Farm Bill] is unambiguous… Even if ambiguous, there is no need to rely on the DEA’s interpretation.”
More recently, the court cited the Supreme Court’s Loper Bright decision that ended the so-called Chevron doctrine. Referring to THC’s comparison of -O (and other cannabis-derived cannabinoids) to true synthetic cannabinoids such as “Spice,” the court said:
- “Synthetic cannabinoids are compounds made entirely of synthetic materials. We reject [defendant’s] argument that the DEA’s interim final rule or letter requires a finding that THC-O is unlawful because there are other reasonable interpretations of this law and regulation (which we think are better).”
