UPDATED: The Delta-8 THC Loophole

Update:

Since the posting of this blog, Drug Enforcement Administration officials have made comments suggesting that delta-8 THC is not a federally controlled substance. As of November 11, 2021, the DEA has yet to issue a binding opinion.

Under the Agricultural Improvement Act of 2018 (the "2018 Farm Bill"), cannabis products derived from hemp are federally legal to sell and use. "Hemp" is defined in the 2018 Farm Bill as the cannabis plant containing no more than .3% Delta-9 THC. Delta-9 THC is a cannabis compound that produces the "high" effect commonly associated with cannabis use. However, a less well known cannabis compound, which can be found in plants falling under the federal definition of "hemp," is gaining notoriety for its ability to produce what its proponents consider, "legal weed". Delta-8 THC is derived from CBD extracted hemp plants and has been found to provide a "high" distinct from that experienced from Delta-9, while still falling under the