Popular Hemp-Based Cannabinoid In Minnesota + Wisconsin May Be Illegal Soon

Many states have legalized marijuana either medically or recreationally across the country. Minnesota may actually have a shot this year to legalize marijuana for recreational use. Wisconsin is unlikely to see any changes to the laws anytime soon. However, the 2018 farm bill act made hemp legal, including Delta 9 and Delta 8 derived from hemp. The market has been expanding ever since with new cannabinoid profiles.

One of the newest products being made is Delta 8 or Delta 9 THC-O. It has exploded in popularity in states where recreational marijuana is still illegal.

What's the difference between Delta 9 and Delta 9 THC-0?

The difference between regular THC and THC-O is that the THC-O is synthesized in a lab. Delta 9 THC and Delta 8 THC can be naturally found in hemp. Both of those are intoxicating. Delta 9 THC recently was also made legal in edible form in Minnesota. Essentially, you can get high in Minnesota on hemp-derived Delta 9 THC.

What does the DEA have to say?

Attorney Rod Knight wrote a letter to the DEA looking for clarification on if THC-O products. He submitted the letter in September 2022. He recently got an answer dated February 13 from the DEA.

The letter basically says that because THC-O (or TCH acetate ester) is synthesized in a lab and can not be naturally extracted that it falls under the controlled substance category. Basically, it's illegal. So what does that mean? The DEA says tthe following:

Delta-9-THCO and delta-8-THCO do not occur naturally in the cannabis plant and can only be
obtained synthetically, and therefore do not fall under the definition of hemp.

Some say Delta 9 THC-O is 3x as potent as Delta 9 THC.

An article in LA Weekly says that THC-O is the most psychedelic of any compound, being 3 times as potent as Delta 9 THC.

So what does this mean?

The patchwork of legal questions and state laws continues. Marijuana Movement is using this ruling as a call to federally legalize marijuana across the country to take the confusion of laws off the table. With THC-O being considered a controlled substance, it's very possible we could see laws change soon that would take this off the shelves.