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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Anthony Traurig

Head legal analyst
Anthony focuses on regulatory developments and legal analysis in the US. Anthony has a BA in political science from North Carolina State University and a JD from Charleston School of Law (South Carolina), where he was a senior editor on the law review. He practised law for several years in the United States as a litigator.

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