Is THC, specifically Delta-9 THC, legal federally in the United States considering the Controlled Substances Act and its classification of marijuana, but also taking into account the 2018 Farm Bill and its implications for hemp-derived cannabinoids, particularly Delta-8 THC and other isomers of THC? Furthermore, how does federal law regarding THC interact with varying state laws that have legalized medical or recreational marijuana?
Answer
No, THC is not legal federally in the United States, with one exception.
The federal legality of THC is complex and hinges on the source of the THC and the specific concentration. The key legislation is the Controlled Substances Act (CSA) and the 2018 Farm Bill.
Controlled Substances Act (CSA): THC is classified as a Schedule I controlled substance under the CSA. This means the federal government considers it to have a high potential for abuse and no currently accepted medical use. This classification makes the production, distribution, and possession of THC illegal under federal law.
2018 Farm Bill: This bill legalized hemp at the federal level. Hemp is defined as cannabis containing no more than 0.3% Delta-9 THC by dry weight. This distinction is crucial. The Farm Bill removed hemp-derived products containing 0.3% or less Delta-9 THC from the definition of marijuana in the CSA.
Therefore, THC’s federal legality depends on these factors:
- Source: THC derived from marijuana (cannabis exceeding 0.3% Delta-9 THC) remains a Schedule I controlled substance and is illegal federally.
- Concentration: THC derived from hemp (cannabis containing 0.3% or less Delta-9 THC) is legal federally.
- Delta-9 THC: The Farm Bill specifically addresses Delta-9 THC. Other forms of THC, such as Delta-8 THC or THC-O, exist in a legal gray area at the federal level. Some argue that if these compounds are derived from hemp, they are legal under the Farm Bill. However, the DEA has taken the position that synthetically derived THC, regardless of its Delta number, remains federally illegal, and the legal status of these substances is subject to ongoing litigation and regulatory scrutiny.
It’s important to remember that even if a THC product meets the federal definition of "hemp," state laws may vary considerably. Some states have stricter regulations or outright prohibitions on all forms of THC, regardless of source or concentration.