In the Weeds: Billboard Battles, NY Bans but DEA Allows Some Delta-8, Montana Outlaws Dispensary CBD Sales – Lexology

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Oregon Landowners Cautioned About Leasing Property for Illegal Cannabis Cultivation. Landowners in Jackson County, Oregon, were advised to do their due diligence when leasing their property for cannabis cultivation. In a letter sent with property tax bills, the Jackson County Sheriff’s Office warned of fines and criminal charges property owners could face by renting property to individuals growing marijuana without the proper permits and licenses. Additionally, the letter stated that landowners could be held liable for failure to register a farm labor camp, structures built on the property without a permit, and labor violations for renters that construct greenhouses on the property to grow illegal marijuana. Jackson County encourages landowners to verify land leasers’ permits for growing hemp or marijuana. Additional information for landowners can be found on Jackson County’s website.

DEA Letter Suggests Possible Legality of Delta-8 THC. States, distributers and users of cannabis products have been uncertain about the legal status of delta-8-tetrahydrocannabinol, an isomer of delta-9 THC, the main psychoactive ingredient in marijuana. Seeking to clear up regulatory questions surrounding delta-8, in August 2021, the Alabama Board of Pharmacy requested an explanation from the U.S. Department of Justice Drug Enforcement Administration (DEA) of the control status of delta-8 under the Controlled Substances Act (CSA). On Sept. 15, the DEA issued an advisory letter noting that cannabinoids extracted from tetrahydrocannabinols in hemp with a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis are not controlled under the CSA. However, the letter noted that cannabinoids, including delta-8, synthetically produced from non-cannabis materials are controlled under the CSA as a “tetrahydrocannabinol.” DEA guidance letters provide nonbinding advice, and the full implications of this letter remain unclear. The DEA has not specified, for example, whether delta-8 produced from hemp-derived cannabinoids, like CBD,

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