On Monday the 13th the DEA has stated that THC-O (also known as THC acetate, THCO, Delta-8 THCO, and Delta-9 THCO) is illegal. This opinion became public due to North Carolina-based cannabis attorney Rod Kight. Want to know how this affected THC-O for sale? Read further.
Last year, Kight wrote the DEA asking them to clarify their stance on THC-O, which is one of the newer cannabinoids that have begun appearing in cannabis vapes, cannabis disposables, and cannabis edibles. THC-O has been said to be 2-3x stronger than Delta-9 THC (which is the major cannabinoid is traditional cannabis, as well as states that have medical/recreational programs).
Specifically, Kight asked the DEA to clarify its stance on the Controller Substances Act, and how the 2018 Farm Bill legalized hemp products nationally. As many of you know, this lead to the release of both psychoactive and non-psychoactive cannabinoids nationally — even if states did not have a medical or recreational program. (For example, Koi Delta-9 Gummies have 10mg of Delta-9 in them, making them just as potent as the gummies you would receive in states that have recreational programs, like Illinois.
Kight specifically asked the DEA about THC-O and THC-O products because, unlike Delta-8 THC, Delta-9 THC, THC-P, CBD, CBG (etc.), it does not occur naturally in the cannabis plant. Because it “can only be obtained synthetically, and therefore do(es) not fall under the definition of hemp,” THC acetate is a “controlled substance,” wrote Terence L Boos., chief of the DEA’s Drug and Chemical Evaluation Section. The DEA’s clarification follows a U.S. 9th Circuit court decision in 2022 that also found Delta-8 THC products are “hemp” and thus legal under the 2018 Farm Bill.
It is unclear how the DEA's clarification will affect the cannabis market. States have already been trying to crack down on different cannabinoids like Delta-8 (although Delta-9 will likely always remain available nationally as long as it's under .3% by dry weight. Michigan passed a law about the total amount of Delta-9 THC per gummy and container, but we do not expect that to be the standard.)
“If the hemp plant naturally produces a certain cannabinoid, compound, etc., such as delta-8 THC or CBN or THCV, etc., then it is not a controlled substance, regardless of how it is processed or manufactured into a finished product,” Kight said, noting one exception: more than 0.3% THC by dry weight. “If the hemp plant does not naturally produce a compound, then it (the compound) is not ‘hemp,’” he added.
What Does This Mean for THC-O At Ethereal Gold Dispensary?
We expect THC-O to be completely delisted from Ethereal Gold Dispensary in the future. The exact date of this change is to-be-determined, but we will let all of you know when this happens. In the meantime, you can still purchase THC-O. However, we do not know how long stock will last, how long we will be able to ship it to you, and how long it will be available.
If you want to stock up now, these products may be delisted as soon as Friday. Buy your THC-O now, while you still can. This includes all THC-O vapes & disposables, THC-O Edibles, and THC-O Gummies (like the popular Koi Dragon Blend).
Note: If you subscribe to a THC-O product, you will likely be receiving an email in the coming weeks about your subscription and what will happen to it.