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DEA Declares THC-O Acetate a Schedule I Controlled Substance

The federal agency sent a letter to attorney Rod Kight Feb. 13, stating that the cannabinoid is a controlled substance because it is not naturally occurring in the cannabis plant.

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In a letter sent to attorney Rod Kight Feb. 13, the U.S. Drug Enforcement Administration (DEA) declared delta-8- and delta-9-THC-O acetate as Schedule I controlled substances.

Kight sent a letter to the DEA Aug. 17, 2022, inquiring about the cannabinoids’ legal status under the Controlled Substances Act (CSA).

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“I represent many businesses in the hemp industry and began to see the proliferation of THC-O products on the market,” Kight told Cannabis Business Times in an email. “Since THC-O is not produced by the cannabis (hemp) plant, I had concerns that the DEA would view it as illegal ‘synthetic THC,’ rather than lawful ‘hemp.’” 

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RELATED: THC-O Acetate Q&A with Dr. Ethan Russo: ‘Don’t Go There’

Kight’s concerns regarding THC-O led him to ask the DEA for its opinion on the cannabinoid. In the letter the DEA sent to Kight, agency officials stated that delta-9-THC-O and delta-8-THC-O do not fall under the definition of hemp because they do not occur naturally in the cannabis plant and are synthetically made.

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“Delta-9-THC-O and delta-8-THC-O are tetrahydrocannabinols having similar chemical structures and pharmacological activities to those contained in the cannabis plant. Thus, delta-9-THC-O and delta-8-THC-O meet the definition of ’tetrahydrocannabinols,’ and they (and products containing delta-9-THC-O and delta-8- THC-O) are controlled in schedule I,” DEA officials wrote.

Kight told CBT that he agrees with the DEA’s response.

“As a strong advocate for hemp and also for cannabis generally, I support the industry's research and expansion into minor cannabinoids produced by the plant,” Kight said. “For instance, I authored the legal argument for the lawful status of hemp delta-8 THC, which was ultimately confirmed by the DEA. However, marketing a molecule, such as THC-O, as ‘hemp’ that the plant does not naturally produce is not supported by law and ultimately undermines the industry's legitimacy. Additionally, I am concerned with recent evidence that THC-O may be harmful in certain circumstances.”

On the other hand, while he is against THC-O, he argues that delta-8 THC falls under the definition of hemp in the 2018 Farm Bill.

“[Delta]-8 is distinguishable from THC-O because the hemp plant naturally produces [delta-] 8; however, it does not produce THC-O. From this perspective, and unlike [delta-] 8, THC-O is properly seen as synthetic THC, not ‘hemp.’ For this reason, I have consistently advised clients not to create or distribute THC-O,” Kight wrote in a Feb. 13 post.

Though delta-8 is found naturally in small amounts in cannabis, it can also be converted in a lab from CBD and delta-9 THC, CBT previously reported.

RELATED: Understanding Delta-8-THC: Where Does It Come From?

Kight added that he advises individuals not to vape THC-O based on a recent study published in the Journal of Medical Toxicology, which found that vaping the semi-synthetic cannabinoid could trigger another e-cigarette or vaping use-associated lung injury (EVALI) epidemic. The first EVALI outbreak occurred in 2019, CBT reported.

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