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Florida Drug Defense Attorney > Blog > Drug Crime Defense > Federal Agency Declares Delta-8 THC A Controlled Substance

Federal Agency Declares Delta-8 THC A Controlled Substance


No matter how much or how little weed you smoke, everyone can agree that cannabis laws, in their current state, are confusing and inconsistent.  The current patchwork of local and state regulations regarding marijuana, hemp, THC oil, cannabis edibles, CBD products, sativa, indica, and all the rest of it are preferable to an all-out ban on cannabis, but the glaring inconsistencies between state and federal laws require some clarification.  To make matters more complicated, policies at the state and local level are constantly changing, leaving lots of legal gray areas.  Of course, living with legal gray areas is a lot better than living with the knowledge that, if a police officer at a traffic stop sees the tiny bag of dark green leaves or the bottle of gummies in your car, you will be one criminal case closer to a long prison sentence.  Amid the constantly shifting landscape of cannabis laws, the Drug Enforcement Agency (DEA) has just declared delta-8 tetrahydrocannabinol a controlled substance.  If you are being accused of a crime related to cannabis products that are arguably legal, contact a Florida drug offenses attorney.

Florida’s Delta-8 Problem, If You Can Call It That

For decades, Florida schools have been teaching fifth graders that the compound in marijuana that causes its characteristic high is called tetrahydrocannabinol, better known as THC.  In fact, its full name is delta-9 tetrahydrocannabinol.  Delta-8 tetrahydrocannabinol, popularly known as delta-8, can best be described as a doppelganger of delta-9 THC.  The effects of delta-8 are very similar to the effects of old-fashioned delta-9 THC, but the way to make delta-8 is to synthesize it from hemp plants which, though closely related to the Cannabis sativa and C. indica plants that give us marijuana, contain little or no THC.

Therefore, even though you feel about the same after consuming THC edibles or delta-8 edibles, you can only buy THC legally if you have a medical cannabis card or if you happen to be in one of the cities or counties that have decriminalized cannabis at the local level.  Meanwhile, you can buy delta-8 products from any CBD store, smoke shop, or gas station in the Sunshine State.

In What Universe Is Delta-8 More Illegal Than Fentanyl?

The Drug Enforcement Agency (DEA) has recently clarified its policy categorizing delta-8 as a controlled substance, but what happens next is more ambiguous and confusing.  Does this mean that delta-8 is the same, the perspective of federal law, as THC?  At the federal level, cannabis is a Schedule I controlled substance, which means that it is not legal for medical or recreational use under any circumstances.  In other words, there are so many contradictions surrounding cannabis and delta-8 that your best protection against being a victim of the legal vagaries is to hire a criminal defense lawyer.

Contact FL Drug Defense Group About Drug Possession Cases

A Central Florida criminal defense lawyer can help you if you are facing criminal charges for possession of cannabis products.  Contact FL Drug Defense Group in Orlando, Florida to discuss your case.




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