Intoxicating hemp products in the US – opportunity or risk?

Despite the intent of the 2018 US Farm Bill to restrict intoxicating substances made from hemp, some companies are selling intoxicating cannabinoid products and claiming legality under the Farm Bill.

CBD-Intel believes that many products made from hemp-derived cannabinoids, such as THC isomers and HHC, do not violate federal controlled substance law. However THCP, an intoxicating cannabinoid discovered in 2019, is too novel to fully establish its legal status. THC-O acetate is illegal under federal law, in CBD-Intel’s view.

The US Food and Drug Administration (FDA) and potentially the Drug Enforcement Agency (DEA), could bring enforcement action against producers of some of these intoxicating products if they so choose. There is no indication that any enforcement action is imminent.

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Table of contents

  1. Executive summary
  2. Legislation effects and implications
  3. Legal framework
  4. Safety concerns
  5. Enforcement coming?

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