We got to holla at Phil Dixon, Director of Public Defense Education at UNC, and he broke it down for us: “The opinion squarely holds that THC-O is a legal hemp product, as long as it don’t have too much delta-9 THC in it. Plus, the whole Chevron deference thing is done, so they ain’t gotta listen to the agency’s weak interpretation no more.”
What the Court Said
So here’s how it went down: this whole case was about someone gettin’ wrongfully terminated after flunkin’ two drug tests. The company was sayin’ the THC-O stuff the plaintiff was takin’ was illegal ’cause of that DEA letter. But the court, even though they said the termination was legal, got real deep into it and claimed synthetic cannabinoids are those made solely from synthetic materials. They put the stamp of approval on THC-O bein’ legal under the Farm Bill, yo!
Does This Actually Matter?
Now, some folks wonderin’ if this really means anything since the case ain’t directly about THC-O legality. We hit up cannabis lawyer Rod Kight, and he reassured us: “Yes, this opinion carries significant weight. The 4th Circuit went out of its way to address THC-O and hemp compounds. They didn’t even have to go there just to back up their opinion, but they did. That tells us they wanted to make it clear where THC-O stands in the eyes of the law.”
The Bigger Picture
Since the 2018 Farm Bill dropped, there’s been a whole lotta chatter about these cannabinoids and how they fit into the law. Delta-8 THC stirred the pot because folks makin’ it from hemp-derived CBD in labs. The 9th Circuit handled this in the AK Futures vs. Boyd Street case, sayin’ delta-8 is legal as long as delta-9 THC stays under 0.3%. But still, mad states went ahead and banned hemp-derived cannabinoids, and the DEA was still pushin’ their narrative.
THC-O vs. Delta-8
Now, let’s break down how THC-O is different from delta-8. Phil Dixon laid it out: “The DEA claims the delta-9 THC levels don’t matter if the compound is ‘synthetic.’ Since THC-O can only be made through synthesis and ain’t directly from the plant, they see it as illegal synthetic. But they tried that with delta-8 in the 9th Circuit and lost. Same story here.”
Why This Matters
The court made it clear they side with the 9th Circuit against the DEA, which is a big move. According to Phil Dixon: “This means that THC-O is legal under the Farm Bill in the Fourth Circuit. The DEA can keep tryin’ to push their rules in other circuits, but they ain’t gonna win that fight here.”
Also, the court highlighted that the DEA’s opinion ain’t worth much unless they stick to the law as laid out in the Farm Bill. Rod Kight pointed out: “The court made it clear that the DEA’s views on hemp ain’t gonna hold weight unless they play by the rules.”
Will Anything Change?
This ruling might chill things out for manufacturers thinkin’ about the legality of their products. If THC-O is legal from hemp, that opens the door for a whole lotta other cannabinoids too. Rod Kight mentioned the “big implications” but also noted the industry has mostly moved away from those “alphabet soup” compounds.
“From a practical standpoint, I don’t see the court’s opinion stirrin’ up major changes in the hemp products folks are marketing or the industry’s focus on flower and more natural compounds,” he said.
So while the ruling might not shake things up too much “on the ground,” it’s a big ol’ neon sign that says the Farm Bill legit legalizes hemp-derived delta-8, THC-O, and likely a whole lot more, no matter what the DEA thinks.
