United States: Hemp And CBD Regulation: Beyond Delta-8 THC


27 July 2021 by Alexander G. Malyshev (New York) Carter Ledyard & Milburn To a large extent legalization of adult-use cannabis, including New York’s passage of the Marijuana Regulation and Taxation Act of 2021 (MRTA), has eclipsed other developments in the cannabis sector over the past year. A notable exception has been the crackdown on Delta-8 THC, which is derived from hemp. Several states, including New York, have moved to ban the manufacture and sale of the substance. But that is only the tip of the iceberg for regulation of hemp and hemp derived substances. Since issuance of adult-use licenses and regulations is likely more than six months away, this is a good time to review New York’s soon-to-be-finalized hemp and CBD regulations and their interplay with federal guidance. Where Things Stand Federally Prior to December of 2018, hemp and all hemp-derived substances (including cannabidiol or CBD) were considered to be a form of “marijuana,” subject to the federal government’s most restrictive regulation under Schedule I of the Controlled Substances Act of 1970 (CSA). The 2018 Farm Bill carved “hemp” and its derivates from the definition of marijuana in the CSA. It defines hemp as “cannabis sativa L. … and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers … with a delta-9 tetrahydrocannabinol [THC] concentration of not more than 0.3 percent on a dry weight basis.” See 7 U.S.C. 1639o. The DEA, which enforces the CSA, has indicated that it may consider delta-8 derived from hemp to be a “synthetically derived tetrahydrocannabinol” which still belongs on Schedule I of the CSA. It also lists delta-8 THC is in its “Orange Book” as an alternative name to tetrahydrocannabinol (along with THC, and delta-9 THC). As the name suggests, the Farm Bill was mostly concerned with the cultivation of hemp, outlining how states,…

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Source : United States: Hemp And CBD Regulation: Beyond Delta-8 THC

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