THCO Distillate

DEA Claims THCO as Schedule 1 Synthetic

Post author:Bona Voluntate
Post published:February 14, 2023
Post category:Cannabinoids Extracts

The DEA responded to the legality of THCO (D8 and D9 THC Acetate) as being synthetically made, therefore it is not a legal cannabinoid under the 2018 Farm Bill. The 2018 Farm Bill states:

``SEC. 297A. <<NOTE: 7 USC 1639o.>>  DEFINITIONS.

    ``In this subtitle:
            ``(1) Hemp.--The term `hemp' means the plant Cannabis sativa 
        L. and any part of that plant, including the seeds thereof and 
        all derivatives, extracts, cannabinoids, isomers, acids, salts, 
        and salts of isomers, whether growing or not, with a delta-9 
        tetrahydrocannabinol concentration of not more than 0.3 percent 
        on a dry weight basis.

Source: https://www.congress.gov/bill/115th-congress/house-bill/2/text

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It is clear that Delta 9 THC is limited to 0.3 percent on a dry weight basis. What is not clearly defined are the many hundreds of other cannabinoids that are naturally found in hemp. The keyword NATURALLY OCCURING has been the subject of discussion as most, if not all, can be found in some rare or minor amount in varying strains. Furthermore, the words naturally occurring do not appear to be defined on the 2018 farm bill when it is regarding hemp. The Bill has two instances where naturally occurring was used, please see the quotes below:

Subtitle B--Agriculture and Food Defense

SEC. 12201. REPEAL OF OFFICE OF HOMELAND SECURITY.

    Section 14111 of the Food, Conservation, and Energy Act of 2008 (7 
U.S.C. 8911) is repealed.
SEC. 12202. OFFICE OF HOMELAND SECURITY.

    Subtitle A of the Department of Agriculture Reorganization Act of 
1994 (7 U.S.C. 6911 et seq.) is amended by adding at the end the 
following:
``SEC. 221. <<NOTE: 7 USC 6922.>>  OFFICE OF HOMELAND SECURITY.

    ``(a) Definition of Agriculture and Food Defense.--In this section, 
the term `agriculture and food defense' means any action to prevent, 
protect against, mitigate the effects of, respond to, or recover from a 
naturally occurring, unintentional, or intentional threat to the 
agriculture and food system.

[[Page 132 STAT. 4797]]

                    ``(H) an institution of higher education, including 
                a land-grant college or university and a non-land-grant 
                college of agriculture.
            ``(6) Qualified product or project.--The term `qualified 
        product or project' means--
                    ``(A) engineering, mechanization, or technology 
                improvements that will address challenges relating to 
                growing, harvesting, handling, processing, storing, 
                packing, and distribution of agricultural products;
                    ``(B) plant disease or plant pest recovery 
                countermeasures to intentional or unintentional 
                biological threats (including naturally occurring 
                threats), including--

Source: https://www.congress.gov/bill/115th-congress/house-bill/2/text

For now, THCO remains unclear on the legal side. There is no law that directly says THCO is illegal, but the DEA Claims THCO as Schedule 1 Synthetic. Bona Voluntate has temporarily suspended THCO sales until our legal team can determine the risk of selling it as well as legality and if its worth fighting in the court of law. Our number one priority and promise is to provide legal and safe cannabinoids to our customers and vendors. For any other questions, please contact us at Sales@bonavoluntate.com

You can read the full text at this link: https://docs.google.com/viewerng/viewer?url=https://cannabusiness.law/wp-content/uploads/DEA-THCO-response-to-Kight.pdf&hl