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The U.S. Drug Enforcement Administration (DEA) may propose new rules that would drastically change the hemp-derived cannabinoid and CBD markets.  

At the DEA’s Supply Chain Conference in early May, Terrence Boos, chief of the DEA’s Drug and Chemical Evaluation Section, revealed in his presentation that the agency plans to release new rules that would clarify that any cannabinoids created by chemical synthesis from hemp, such as delta-8 or delta-9 THC, are controlled substances under the Controlled Substance Act. 

Shane Pennington, counsel at cannabis law firm Vincente Sederberg, attended the DEA’s conference in early May. He says Boos’ presentation comes on the heels of implications caused by the Agriculture Improvement Act of 2018 (the 2018 Farm Bill), which legalized hemp at the federal level. 

“Obviously, after the 2018 Farm Bill, the implication is that we’re seeing the unintended consequences of what is perceived to be the descheduling of these intoxicating hemp substances,” Pennington says. 

Since the passage of the 2018 Farm Bill, various “intoxicating” products including compounds, such as delta-8 or hemp-derived delta-9, have surfaced in the marketplace, resulting in lawmakers in several states implementing regulations that outlaw or regulate such products.  

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