The Fourth Circuit Court of Appeals has ruled that all hemp-derived products, including those created through chemical synthesis, are legal under federal law.

Hemp gummies.
This ruling aligns with a 2022 decision from the Ninth Circuit but goes against more recent guidance from the DEA. In a letter from February 2023, the DEA stated that the 2018 Farm Bill was not intended to legalize synthetic cannabinoids, such as THC-O, even if their THC content is below the legal limit.
Despite acknowledging the disagreement, the Fourth Circuit sided with the Ninth Circuit’s interpretation, which held that the Farm Bill’s definition of hemp includes all cannabis plant derivatives as long as they contain less than 0.3 percent delta-9 THC. The court stated that this interpretation is clear and that they did not need to defer to the DEA’s position.
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