Bad News for Intoxicating Hemp Products

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For years, people have tried to decipher the incredibly poorly worded (I can’t stress this enough) language in the 2018 Farm Bill and what it means for intoxicating hemp products like THCA products or delta-8. In the last week or so, there’s been a lot of bad news for the intoxicating hemp products industry. Let’s take a look.

So long for THCA products (again)

Last June, I published a post entitled “So Long for THCA Products” where I analyzed the murky legality of THCA products. I, as well as another colleague here at the firm, tend to think on balance that these products are not permitted under current federal law. We do acknowledge that there are arguments in both directions.

In my June 2023 post, I concluded that even if there are good arguments for THCA’s legality, practically speaking law enforcement was likely to consider THCA in calculating total THC, given the fact that THCA converts to THC upon application of heat.

Indeed, this is essentially the position that DEA took in June 2023 (you can find DEA’s letter on attorney Rod Kight’s blog here), when Terrence Boos, the Chief of DEA’s Drug & Chemical Evaluation 

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