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Recent DEA Ruling and Classification of THC-O as a Controlled Substance
On October 14, 2020, the Drug Enforcement Administration (DEA) issued a final ruling that makes the synthetic form of cannabis known as THC-O illegal. The ruling, which was issued in response to a petition filed by the state of Arizona, declares that THC-O (Tetrahydrocannabinol O-acetate) is a Schedule I drug under the Controlled Substances Act (CSA). This classification puts the synthetic cannabis in the same category as heroin, LSD, ecstasy, and other drugs that are deemed to have no medical value and a high potential for abuse. The ruling was issued in response to a petition filed by the state of Arizona. The petition argued that the drug posed a threat to public health and safety due to its high potency, lack of medical value, and potential for abuse. In its ruling, the DEA noted that THC-O is a synthetic version of tetrahydrocannabinol (THC), the main psychoactive component of marijuana. It further noted that the drug has been linked to numerous cases of adverse health effects, including nausea, vomiting, and paranoia. The DEA’s ruling is significant because it effectively bans the sale and possession of THC-O in all 50 states. This means that individuals who possess the synthetic cannabis will face prosecution, regardless of their state’s stance on marijuana. The ruling also applies to manufacturers and distributors of the drug, who could face charges of violating the CSA. The DEA’s ruling is part of a larger effort to crack down on synthetic drugs. In recent years, the agency has issued several rulings that make certain synthetic drugs illegal, including synthetic cannabinoids such as K2 and Spice, and synthetic opioids such as fentanyl. The agency has also targeted certain designer drugs, including bath salts and flakka, which have become increasingly popular in recent years.
The DEA’s decision to make THC-O a Schedule I drug is a major victory for those who are concerned about the public health risks posed by synthetic drugs. By making the drug illegal, the agency is sending a strong message that it takes the potential dangers of synthetic cannabis seriously, and that it will not tolerate its use or sale. At the same time, it is important to note that the DEA’s ruling does not apply to all forms of cannabis. The agency’s ruling only applies to THC-O, and does not affect the legality of other forms of cannabis, such as marijuana and hemp. Thus, individuals who use marijuana or hemp-derived products are not affected by the ruling. The DEA’s ruling is a significant step in the fight against synthetic drugs. By making THC-O illegal, the agency is sending a message that it takes the potential dangers of synthetic cannabis seriously, and that it will not tolerate its use or sale.
However, it is important to note that the ruling does not apply to other forms of cannabis, such as marijuana and hemp. Thus, individuals who use marijuana or hemp-derived products are not affected by the ruling. This ruling actually works in the benefit of the industry as the clarification of the ruling recently released actually references the legality of the cannabinoids that are produced naturally in the plant. For instance, the Delta-8 products that have been so readily available on the market are derived from the hemp plant and are naturally found in the plant, therefore they are considered legal by the recent ruling. Also, other minor cannabinoids like CBN and CBC share in that clarification. Even though these cannabinoids are produced in large amounts through a bio conversion process from CBD derived from hemp, they are naturally found in the cannabis flower in minute amounts, therefore under the recent DEA ruling and clarification are completely legal.