Meanwhile in a story that will get buried with all the excitement over California the work of the legal system ticks on..
Business of Cannabis report
In an unexpected win for the embattled US hemp industry, the 4th Circuit Court of Appeals has ruled that an intoxicating hemp-derived products, THC-O, is classified as legal under the 2018 Farm Bill.
As the US hemp industry continues its battle against both the US cannabis industry and growing legislation aimed at banning intoxicating or synthetic hemp substances, this groundbreaking decision will come as a much-needed reprieve for many businesses.
On September 04, the court effectively challenged the Drug Enforcement Administration’s (DEA) assertions that THC-O was an illegal substance, stating that its arguments ‘lack the power to persuade’.
The case in question involved Tonya Anderston, who was let go from her job at Diambondback Investment Group after failing two drug tests which found THC in her system.
Anderson, who was using hemp-derived products, including CBD oil and products containing THC-O to treat anxiety and muscle spasms, argued that she was wrongfully terminated because the products she used were legal.
While Anderson ultimately lost the case and failed to have her termination overturned, the court ruled definitively that THC-O and other synthetically derived hemp substances were legal under current federal law.
According to the ruling, THC-O is syntherically derived and does not naturally occur in the cannabis plant. In a 2023 letter and its Interim Final Rule, the DEA argues that THC-O is therefore a Schedule I controlled substance (alongside cocaine and heroin), because it is not naturally found in hemp.
Read the full report
https://caselaw.findlaw.com/court/us-4th-circuit/116547923.html
