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The DEA has recently confirmed that it believes delta-8 THC synthesized from CBD is federally illegal. This is based on a 2021 letter from DEA's Drug & Chemical Evaluation Section Chief Terrence Boos. Boos states, “Arriving at delta-8-THC by a chemical reaction starting from CBD makes the delta-8-THC synthetic and therefore, not exempted by the Agriculture Improvement Act. Any quantity of delta-8-THC obtained by chemical means is a controlled substance.” Hemp itself is considered a legal agricultural product under the 2018 Farm Bill. The DEA's position is based on the Controlled Substances Act (CSA), which defines a "synthetic drug" as "a drug that is not naturally occurring and that is chemically made." The DEA argues that delta-8 THC is not naturally occurring in hemp, and that it is therefore a synthetic drug. The DEA's position is controversial, and there is some legal debate about whether it is correct. However, the DEA has the authority to enforce the CSA, and it is likely that they will continue to pursue cases against businesses that sell delta-8 THC synthesized from CBD.

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