DEA says D8 from Hemp is not a Controlled Substance

Our position, that D8 is not a controlled substance under federal law, is most directly addressed in the legal position statement we prepared for the Hemp Industries Association (“HIA”), the leading national hemp organization in the USA. You can read the position statement by clicking here.

Our position on D8 was recently confirmed by the Drug Enforcement Administration (“DEA”) in two separate public statements.

Starting with…

I. DEA’s First Public Statement About D8- Town Hall Meeting

The first statement is in the form of a video webinar called a “Town Hall with USDA and DEA” conducted by the Florida Department of Agriculture and Consumer Services (“FLDACS”) on June 24, 2021. In the Town Hall, the USDA is represented by Bill Richmond, Chief of the US Domestic Hemp Production Program. The DEA is represented by Sean Mitchell, Chief of Intergovernmental Affairs. FLDACS is represented by Holly Bell, Director of Cannabis.

During the Town Hall, Ms. Bell asks Mr. Mitchell of the DEA the following question about D8:

“D8 is legal to be sold in Florida. For it to be illegal would take statutory change. And we have a statement out on our website, which you can read. And how we monitor and regulate that it, and we do monitor and regulate it, is that we pull products and test them for their total THC, which is the formula we use here, which is the THCA times .8777 plus the delta-9. So that number must be below 0.3 or less…… and I know that, Sean has received several questions saying that DEA is making, has said that D8 is illegal. Would you take a quick second and talk about that?”

In response, Mr. Mitchell states the following for the DEA:

“Sure, and I also want to expand beyond delta-8. There’s delta-8, there’s delta-10, there’s all kind of different cannabinoids that are associated with cannabis sativa l that are kind of out there and making the rounds. So what I want to say, and I’ll be very, very deliberate and clear. At this time, I repeat again, at this time, per the Farm Bill, the only thing that is a controlled substance is delta-9 THC greater than 0.3% on a dry-weight basis.”

And further…

II. DEA’s Second Public Statement about D8- Letter to the Alabama Board of Pharmacy

DEA publicly addressed the legal status of D8 again in the form of a response letter to the Alabama Board of Pharmacy (“ABOP”) dated September 15, 2021. In this letter, Terrence L. Boos, Ph.D., Chief of the DEA’s Drug and Chemical Evaluation Section of the Diversion Control Division, responds to the ABOP’s request for the controlled status of D8. After differentiating between the legal status of marijuana and hemp, both of which are botanically “cannabis sativa l”, the DEA states:

“[C]annabinoids extracted from the cannabis plant that have a 9-THC concentration of not more than 0.3 percent on a dry weight basis meet the definition of “hemp” and thus are not controlled under the CSA.”

Additionally, the DEA states the following in a footnote:

“The Agricultural Improvement Act of 2018 (AIA), Pub. L. 115-334, § 12619, amended the CSA to remove “tetrahydrocannabinols in hemp” from control. See 21 U.S.C. § 812, Schedule I(c)(17). As noted, however, “hemp” is defined to “mean the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.” 7 U.S.C. 1639o. Thus, only tetrahydrocannabinol in or derived from the cannabis plant—not synthetic tetrahydrocannabinol—is subject to being excluded from control as a “tetrahydrocannabinol[] in hemp.” (emphasis in the original)

With respect to what is meant by the term “synthetic THC”, which is controlled, the DEA clarifies that it is D8 “produced from non-cannabis materials.” In other words, the DEA confirms that “synthetic THC” means THC produced from materials other than hemp, a lawful form of cannabis.

Congrats @Kingofthekush420 and the rest of the hemp bois

RIP @pdxcanna @iontrap and the D9 bois

Now officially seeking seed investment for my D8 hot dog & dick pill line, as well as samplers (I already have you down for dick pills @Killa12345)


Just don’t combine dick pills and vapes or the DEA can come for you again

Just dont let the kids get into it

Also little sigh of relief on the federal level. Good luck to the states that took it into their own hands and banned it.


That’s not satire?

… I’ll try anything once …

I had that idea once upon a time. Research brought me there, I thought it was relevant and funny considering your closer

Now check this out. Horny goat weed and spanish fly extract are flavenoids and diterpenes. Do what you will with that, I’m not interested in business ventures anymore I got butt fucked on d8.

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One thing I’d like to point out— only 1 or 2, maybe 3 states banned it AFTER D8 started hitting shelves.

The other ~12 just happened to have already banned it without contemplating today’s context, with language like ‘all THC’.

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Cali, Co, NY
Though someone told me over the weekend while in LA you can still have d8 edibles just not smokables/vape?

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A quick search here or possibly even on Reddit could have told you boofing D8 was a bad idea.

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Have you tried it? It’s actually decent. I have.

Not sure. Flying to LA in the morning. Hopefully they do have D8 edibles because D9 turns me gay.


I don’t believe it, meet up with me and let’s test this theory.

Ok I’ll leave so your post can resume topicality


nice of the liaison to clarify that they don’t wanna fuck with WIP either, now we just have to watch and see what happens to the people who went full send with hot distillate/carts

side note since you wanna tag me in shit- I bought d8 to try/see what exactly was in it, and found out it was all a big lie. I will always feel like being forthright with the problems surrounding it is the right thing to do, and I don’t give a fuck what someone I’ve heard doesn’t pay the people they work with thinks about it


I only tagged you in jest. I actually like you & find you very reasonable. I don’t auto-dislike people I disagree with. Hanging out with people you agree on everything with is lame.

My people are paid very well. Everyone including trimmers & packers is paid a living wage + 25 days PTO + healthcare.

I know who you are talking about and he should post receipts or keep my name out of his mouth.



I still say bullshit and it’s a lie




yea OK bud

Keep that opinion to yourself imo

I’m a strong member of the boof community

Especially D8

I didn’t realize there was a whole community. Maybe I’ll add to my product line…


This post was flagged by the community and is temporarily hidden.

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This is correct until they put taxes in place for inhalable products. The AB45 wrote these in, but did not allow their sale in California until after taxes are put in place. Taxes should be in place by 2023 (that’s what the law says has to happen). You can still make these products and export them from California to other states that allow these products.

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19 posts were split to a new topic: @covid69 is making dick pill to possibly fuck over some of the members here… Beware

ALBOP-synthetic-delta8-THC-21-7520-signed.pdf (213.8 KB)

found this as well today, I reached out to the DEA for clarification. Need to send an email to the address listed here as well