News & Analysis as of

THC Hemp Controlled Substances

Troutman Pepper

21 State AGs Call on Congress to Regulate Intoxicating Hemp Products

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Attorneys general (AG) from 20 states and the District of Columbia have submitted a letter to Congress requesting that federal lawmakers close the “loophole” created by the 2018 Farm Bill that is widely understood to prohibit...more

Benesch

Cannabis Predictions for 2024

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It’s 2024, and while nothing ever stays the same in the world of cannabis, in a lot of ways, 2024 feels just like 2023, and 2022....more

Troutman Pepper

Cannabis Plain Packaging Rules: Examples and Opportunities

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Much attention has recently been placed on hemp-derived products marketed in packaging that mimics popular snack foods. Originally published in Law360 - August 15, 2023....more

Troutman Pepper

High Stakes: Eight Tips (and One Bonus) for Cannabis Professionals on the Budding World of Trademarks

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Apologies for the cannabis puns in the title, but they are required by law. Okay, you are correct. That is not true. But it is true that trademark protection is important for individuals in the cannabis industry. Earlier this...more

Stark & Stark

The Cannabis Paradox: Clarifying the Confusing Legality of Delta-8, THC-O, THCV, and Synthetically Derived THC

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Both marijuana and hemp belong to the genus plant cannabis sativa and are slightly different “breeds” of the same “species.” While both marijuana and hemp plants contain more than 100 cannabinoids (distinct chemicals found in...more

Eversheds Sutherland (US) LLP

DEA confirms Delta-8 THCO & Delta-9 THCO are schedule I controlled substances but confusion remains

The US Drug Enforcement Agency (DEA) recently stated that delta-8 THC acetate ester (delta-8 THCO) and delta-9 acetate ester (delta-9 THCO) are not hemp, but Schedule I controlled substances under the Controlled Substances...more

Kaufman & Canoles

DEA Determines THC-O Illegal Under Federal Law

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The 2018 Farm Bill, officially known as the Agriculture Improvement Act of 2018, is a comprehensive piece of legislation that governs agricultural and food policy in the United States. One of the key provisions of the 2018...more

Bradley Arant Boult Cummings LLP

Delta-8: What Is and What Should Never Be

The United States Supreme Court once famously wrote that “[l]iberty finds no refuge in a jurisprudence of doubt.” There is perhaps no area of the law where doubt rules more than the cannabis industry, and perhaps no corner of...more

Perkins Coie

Ninth Circuit Rules on Legality of Delta-8 THC Products

Perkins Coie on

On May 19, 2022, the U.S. Circuit Court of Appeals for the Ninth Circuit issued an opinion holding that Delta-8 THC products are legal at the federal level and eligible for intellectual property protection...more

Bradley Arant Boult Cummings LLP

The Delta-8 Debacle: Looking at Texas’s (Temporarily) Failed Attempt to Make Delta-8 Products Illegal

Texas’s cannabis industry can breathe a momentary sigh of relief. Delta-8 THC, the increasingly popular hemp-derived cannabinoid that produces effects similar to Delta-9 THC, has been removed from Texas’s list of Schedule I...more

BCLP

UPDATED: The Delta-8 THC Loophole

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Since the posting of this blog, Drug Enforcement Administration officials have made comments suggesting that delta-8 THC is not a federally controlled substance. As of November 11, 2021, the DEA has yet to issue a binding...more

Partridge Snow & Hahn LLP

Delta-8 THC Is Popular. But Is It Legal?

In the past few months, sales of Delta-8 tetrahydrocannabinol, also known as “Delta-8 THC” or “weed light,” have grown tremendously. So, it’s popular. But is it legal? At the federal level, the answer is hazy. And in Rhode...more

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