DEA Weighs In On Hemp Derived Intoxicating Cannabinoids

The U.S. Drug Enforcement Agency ("DEA") identified this week that it considers certain types of novel cannabinoids to be federally illegal schedule I substances, even if they were derived from hemp.

As many are aware, the legality of hemp-derived products often spurs more questions than answers. Moreover, intoxicating cannabinoids are not alone in that regard, as the U.S. Food & Drug Administration ("FDA") just recently concluded that existing regulatory frameworks for foods and supplements are not appropriate for cannabidiol (CBD), and urging Congress to develop the appropriate path forward. While some have interpreted this ambiguity as a free for all for hemp-derived cannabinoids, the U.S. Drug Enforcement Agency ("DEA") recently weighed in as of February 13, 2023 – at least with respect to two such cannabinoids – that cannabinoids derived from hemp are still considered Schedule I controlled substances where: (1) they are not naturally occurring in the cannabis