What Is The USPTO Doing About Hemp-derived Delta-8 THC?

What is delta-8 THC?

Delta-8 THC is a cannabinoid found in cannabis. The natural quantities of delta-8 found in cannabis are pretty low, so to create usable amounts of it, it typically has be synthesized from hemp.

Is it Legal? Well...maybe.

*Marijuana* is a schedule I substance outlawed under the Controlled Substance Act, but the lower-thc cannabis plant – Hemp – was removed from Schedule I back in December 2018. Although Schedule I continues to list "tetrahydrocannabinols," there is an exception listed for "tetrahydrocannabinols in hemp." So delta-8 THC isn't unlawful under the CSA.

Delta-8 THC also isn't included in any FDA-approved pharmaceutical, so it doesn't fall under the FDCA (Federal Food, Drugs, and Cosmetics Act) in the way that hemp-derived CBD does.