Breaking: DEA Now States Delta 8 THCO and Delta 9 THCO From Hemp Are Controlled Substances

What Does This Mean for Hemp Products Retailers?


The hemp industry is all-abuzz about the latest statements released from the DEA about hemp derived Delta 8 & 9 THCO being slated as a controlled substance.


In the view of the DEA, Delta 8 THCO and Delta 9 THCO do not exist naturally in the hemp plant, unlike Delta 8 and Delta 9 THC, which do occur naturally in hemp.


Both delta-8-THCO & delta-9-THCO, according to Terence L. Boos, Chief of DEA’s Drug and Chemical Evaluation Section, are acetates that “can only be obtained synthetically, and therefore do not fall under the definition of hemp” which he stated in an email response letter to Rod Kight, a North Carolina based cannabis attorney, of Kight Law Office PC on Feb. 13, 2023.


In addition, according to an article in High Times, February 13, 2023, Boos stated that delta-9-THCO and delta-8-THCO have

”similar chemical structures and pharmacological activities to those contained in the cannabis plant” which meet the definition of ‘tetrahydrocannabinoids,’ that are classified as Schedule I by the agency.


“ In a written statement from Michelle Bodain, a partner at Vicente Sederberg, Bodain explained what this news could mean for the industry.

“While the latest statement from DEA does not clarify the legal status of a novel hemp derived cannabinoids, it does clarify that DEA believes Delta-9THCO and Delta-8THCO are controlled substances”


Michelle Bodain further stated, “Hopefully, there is Congressional action soon to address the legality of all hemp derived cannabinoids, so the industry is not left with a patchwork of law, regulation, policy and now, letter statements.”


What Does This Statement Mean For Hemp Industry Retailers?


This recent statement and clarification from the DEA, according to, “notably follows a 9th Circuit court decision in 2022 that also found delta 8 THC products are ‘hemp’ and thus legal under the 2018 Farm Bill.”


It is currently unclear how this recent ‘clarification statement’ from the DEA will affect the market.


Even though the federal agency may not have either the capacity or interest to actually do a crack down on hemp businesses selling THC acetate products, many state regulators are making noise about hemp-derived intoxicating cannabinoids.


Hemp-derived product retailers, in the meantime, need to stay informed about current and upcoming state regulations.


At this time, the statement is on hemp derived THCO products, and it should be noted that this ‘statement’ from the DEA, is straightforward and clear.


According to Kight, the clarification is, “ If the hemp plant naturally produces a certain cannabinoid, compound, etc., such as delta-8-THC or CBN or THCV, etc. then it is not a controlled substance, regardless of how it is processed or manufactured into a finished product” noting one exception: more than 0.3% THC by dry weight.


“If the hemp plant does not naturally produce a compound then it (the compound) is not ‘hemp’, “ Kight added.


For now, there have not been any official ‘new regulations’ with respect to selling hemp-derived THCO products, and smoke shops and CBD stores, as well as online hemp products businesses are still selling THCO products, in states where hemp derived cannabinoid products are legal.


Announcement From 3 Tall Pines Farm of Wisconsin!


3 Tall Pines Wholesale is dedicated to bringing you farm fresh, solventless extracted, craft hemp-derived products that are pure, healthful and highly effective!


Addressing the latest statement from the DEA with respect to THCO, 3 Tall Pines Wholesale is in the process of removing THCO from our various product formulas. We have made this adjustment because it is in the best interest of our customer’s health and our dedication to only providing compliant hemp-derived products for consumption.


This includes removing THCO from our smokable products, due to the DEA concern that smoking THCO could possibly be harmful.


Although we have made sure that our smokable THCO products have no residual acidic anhydride, we choose to remain compliant and assure our customers that our brand consistently upholds our commitment to producing only pure, healthful and beneficial hemp products. 


Stay tuned to keep up to date on the latest developments for D8 & D9 THCO products!


If you have any questions, feel free to contact our wholesale team, we are always happy to help!


To become a 3 Tall Pines Wholesale customer create an account to join our family of successful smoke shops, CBD stores and online hemp products businesses that provide only the highest quality, compliant hemp-derived products for their customers!


Our 3 Tall Pines Wholesale Team looks forward to serving you!

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