The legalization of hemp-derived cannabinoids, including Delta 8 THC and THCa, has been a journey marked by significant legislative milestones and court cases. This journey has reshaped the landscape of the cannabis industry, allowing hemp-derived products to flourish across the United States.
2004: The Legal THC Debate Begins
In the 2004 Hemp Industries Association v. DEA case, the Ninth Circuit Court of Appeals ruled that the DEA exceeded its authority by attempting to ban hemp products containing trace amounts of THC. The court held that the DEA could not classify hemp-derived products with naturally occurring THC as controlled substances under the Controlled Substances Act (CSA). The ruling emphasized that the CSA specifically exempts certain parts of the hemp plant, such as seeds and oil, from the definition of marijuana.
This decision marked a significant victory for the hemp industry, allowing the continued production and sale of hemp-based products in the United States. It also set a legal precedent that limited the DEA’s ability to regulate non-psychoactive hemp products such as CBD gummies. This ruling set the stage for future discussions on the legality of psychoactive hemp-derived cannabinoids like Delta 8 THC, followed by the 2014 and 2018 Farm Bills that further legalized hemp production at the federal level.
2014: The Farm Bill and Legal THC Pilot Programs
A decade later, the 2014 Farm Bill took the first significant step towards the legalization of hemp-derived THC by allowing states to establish their own hemp cultivation pilot programs. This marked a pivotal moment as it reintroduced hemp into American agriculture for the first time since the Controlled Substances Act of 1970. This was the first federal recognition of the differences between industrial hemp from marijuana, providing that hemp contained less than 0.3% THC . This enabled universities and state departments of agriculture to conduct research and explore its commercial potential.
This legislation laid the groundwork for the rapid expansion of the hemp industry paved the way for further legislative changes. The Pilot programs enacted under the 2014 Farm Bill demonstrated the viability and economic potential of hemp cultivation, which ultimately led to the full legalization of hemp and its derivatives under the 2018 Farm Bill.
2018: The Farm Bill Legalizes Hemp-Derived THC
The 2018 Farm Bill was a landmark event in the history of hemp-derived cannabinoids and for the products that followed. This bill federally legalized the cultivation, production, and sale of hemp and its derivatives, including cannabinoids like THCa and Delta 8 THC, as long as they contained less than 0.3% Delta 9 THC which is what most refer to when they say “THC”. This opened the doors for the mainstream production and sale of hemp-derived products without the legal uncertainties that previously hindered their growth.
This legislation led to an explosion of the hemp industry, opening the door for a wide range of products, including oils, edibles, topicals, and more. The bill also empowered states to create their own regulatory frameworks for hemp production, fostering innovation and investment across the country. As a result, the hemp-derived products market grew rapidly, contributing to a multi-billion-dollar industry that continues to expand, influencing both consumer wellness and agricultural practices nationwide.
The Rise of Delta 8 THC
In the early days of the hemp-derived market’s boom, Delta 8 THC was relatively unknown. While the cannabis community was familiar with cannabinoids like THC, CBD, CBG, and CBN, there was confusion and skepticism surrounding the term “hemp-derived.” Many consumers associated hemp with non-psychoactive effects and were primarily interested in the potent effects of traditional THC.
By 2020, Delta 8 THC began to gain significant attention for its mild psychoactive effects, offering a middle ground between CBD and Delta 9 THC. As its popularity surged, Delta 8 sparked widespread debates and prompted various legal challenges as states grappled with its regulation. The rise of Delta 8 THC underscored the rapidly evolving nature of the hemp-derived cannabinoid market, highlighting both the demand for innovative products and the complexities of navigating the legal landscape.
2022: Legal THC Affirmed in Federal Court
In 2022, the federal court case AK Futures LLC v. Boyd Street Distro reaffirmed the legality of hemp-derived cannabinoids under the 2018 Farm Bill, particularly concerning the legal status of Delta 8 THC products. In this case, AK Futures LLC sued Boyd Street Distro for allegedly selling counterfeit versions of their Delta 8 THC products. The key issue was whether Delta 8 THC, a hemp-derived cannabinoid, was protected under the 2018 Farm Bill, which legalized hemp and its derivatives.
The court ruled in favor of AK Futures LLC, clarifying that Delta 8 THC derived from hemp is indeed legal under the 2018 Farm Bill as long as it contains less than 0.3% Delta 9 THC. This decision had far-reaching implications for the hemp industry, solidifying the legal standing of Delta 8 products and encouraging further growth and innovation within the market. It also set a precedent for future cases, providing clarity and legal protection for businesses operating within the hemp-derived cannabinoid market.
Though legislation continues to evolve, hemp-derived products remain a popular holistic alternative. The journey of hemp-derived cannabinoid legalization reflects the ongoing shift in public perception and regulatory approaches, paving the way for a future where hemp-derived products play a central role in wellness and beyond.
September 2024: The Future of Legal THC
September 2024, marks another milestone for the for the hemp-derived industry, with potential changes on the horizon that could reshape the landscape of the hemp community entirely. The 2018 Farm Bill, which legalized hemp-derived cannabinoids and fueled the industry’s growth, is up for reauthorization. This process introduces significant risks, as proposed amendments could dramatically alter the future of hemp.
One such amendment, introduced by Rep. Mary Miller (R-IL), has been attached to both the House Farm Bill and the FY 2025 Agriculture/FDA Appropriations Bill, which allocates funds to agriculture programs across the U.S. including hemp farms. This amendment, commonly referred to as the “Mary Miller Amendment,” seeks to federally ban all ingestible hemp products containing any level of THC, threatening a new era of prohibition that could affect not only intoxicating hemp-derived products like Delta-8 THC and THCa but also non-intoxicating CBD products with trace amounts of THC.
If enacted, this amendment could result in the federal ban of 90-95% of hemp-derived products currently on the market, even extending to CBD animal feed, which has received FDA approval. The redefinition of hemp to include THCa content would devastate the hemp industry as we know it. The potential impact on businesses, consumers, and the broader hemp community is enormous, making it critical for advocates to speak out.
There is still time before either bill becomes law, providing an opportunity for the hemp community to unite, educate policymakers, and protect the future of hemp-derived products.
To take action and help protect hemp-derived products and the community at-large, visit the U.S. Hemp Roundtable’s federal action page: https://hempsupporter.com/federal-action/. Your voice can make a difference in preserving the future of hemp-derived cannabinoids.
THCa Duff, also known as trim or shake, refers to the smaller pieces of cannabis flowers, leaves, and kief that accumulate at the bottom of a container after handling larger buds. It is often a byproduct of trimming, processing , and packaging cannabis. Despite its appearance, THCa Duff is packed with cannabinoids, particularly tetrahydrocannabinolic acid (THCa), which is a precursor to THC, the psychoactive component of cannabis. When exposed to heat, THCa converts to THC, providing the same effects as the more visually appealing buds.
