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A new rule from the Drug Enforcement Administration (DEA) threatens to upend the American hemp industry, and could even result in criminal prosecutions for manufacturers of CBD and delta-8 THC products.
The DEA says the [interim final rule," issued Aug. 20, is simply a matter of adjusting its own regulations to account for changes to the Controlled Substances Act that were mandated by the 2018 Farm Bill (or Agricultural Improvement Act) that legalized hemp and CBD production. The new rule [merely conforms DEA`s regulations to the statutory amendments to the CSA that have already taken effect," says the agency. The new rule doesn`t break any ground, according to the DEA.
But many experts on cannabis and hemp law say the DEA rule creates a potential pathway the law enforcement agency could use to prosecute hemp processors and producers of CBD (cannabidiol) and delta-8 THC (or Δ8THC) products. There are two issues: partially processed CBD, and [synthetically derived" delta-8 THC.
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