In-depth Article:
DEA ReClassifying THC-O as Schedule 1, Including Revisions

Written by Robb Auspitz

The DEA Re-Classifying THC-O is an Issue. Let’s Learn Why.

It appears that Delta 9 and Delta 9 THC-O derived from hemp were almost destined to be controversial. 

That included questions about the safety of the two THC-O cannabinoids noted in a post on the Addiction Center Blog, 

In 2022, Delta 8 and Delta 9 THC-O became an unexpected legal issue. By early 2023, the DEA  was ready to issue a ruling. 

In February 2023, the DEA ruled that the two cannabinoids did not meet the federal definition of legal hemp.

They were considered illegal controlled substances, i.e., Schedule 1 drugs. Many people assumed that was the end of THC-O. It wasn’t.

In September 2024, the 4th Circuit Court of Appeals tossed the DEA’s decision, making THC-O legal again and confusing various players in the hemp industry.

As of 2025, even 2026, the DEA had taken no further action on this issue. However, there was and is a lot of activity in Congress and various states concerning hemp and various forms of THC.

Let’s take a deeper look at the reclassification of THC-O, including how it happened, its controversy, and the current state of the issue.

groovyhempcompany.com In-depth article on DEA Classifying THC-O Products as Schedule 1 Substances.

DEA Classifying THC-O as Schedule 1: 5 Key Takeaways

  • As reported in the February 13, 2023, issue of Marijuana Moment, Attorney Rod Kight inquired about the legal status of delta-8 THC-O and delta-9 THC-O with the DEA in 2022 (August 17, 2022). He followed up earlier in February 2023 (February 7, 2023).
  • DEA, in a response letter, said the two cannabinoids “do not occur naturally in the cannabis plant and can only be obtained synthetically, and therefore do not fall under the definition of hemp.”
  • Kyle Jaeger’s article in Marijuana Moment also includes Mr. Kight’s written response to the DEA decision.
    Tap or click to read the entire article.
  • There have been concerns about THC-O in the Cannabis Community. Read the article from a March 22, 2022, post written by Emily Murray and published on the Addiction Center Blog.  “There has been very little scientific research done on the effects and dangers of using THC-O. It has been reported by some news outlets that THC-O can be up to 3x more potent than THC.
    Tap or click to read the entire post by Ms. Murray,
  • As reported in the September 5, 2024, issue of Marijuana Moment, “THC-O Qualifies As Legal Hemp Under Federal Law, Appeals Court Says, Rejecting DEA’s Restrictive Stance”.
    Reported and written by Ben Adlin.
    Tap or click to read the entire article.

DEA Classifying THC-O as Schedule 1: 5 Key Takeaways

  • As reported in the February 13, 2023, issue of Marijuana Moment, Attorney Rod Kight inquired about the legal status of delta-8 THC-O and delta-9 THC-O with the DEA in 2022 (August 17, 2022). He followed up earlier in February 2023 (February 7, 2023).
  • DEA, in a response letter, said the two cannabinoids “do not occur naturally in the cannabis plant and can only be obtained synthetically, and therefore do not fall under the definition of hemp.”
  • Kyle Jaeger’s article in Marijuana Moment also includes Mr. Kight’s written response to the DEA decision.
    Tap or click to read the entire article.
  • There have been concerns about THC-O in the Cannabis Community. Read the article from a March 22, 2022, post written by Emily Murray and published on the Addiction Center Blog.  “There has been very little scientific research done on the effects and dangers of using THC-O. It has been reported by some news outlets that THC-O can be up to 3x more potent than THC.
    Tap or click to read the entire post by Ms. Murray,
  • As reported in the September 5, 2024, issue of Marijuana Moment, “THC-O Qualifies As Legal Hemp Under Federal Law, Appeals Court Says, Rejecting DEA’s Restrictive Stance”.
    Reported and written by Ben Adlin.
    Tap or click to read the entire article.
groovyhempcompany.com In-depth article on DEA Classifying THC-O Products as Schedule 1 Substances.

Table of Contents
Tap or Click the Selection to Learn More

Table of Contents
Tap or Click the Selection to Learn More

Why is the DEA ReClassifying THC-O Products as Schedule 1 Substances? 

As reported in the February 13, 2023, issue of Marijuana Moment;

“DEA Classifies Novel Cannabinoids Delta-8 And -9 THCO As Controlled Substances, Even When Synthesized From Legal Hemp”.

Reported and written by Kyle Jaeger.

Mr. Jaeger reports:

“The Drug Enforcement Administration (DEA) says that two cannabinoids that have emerged in state markets do not meet the federal definition of legal hemp and are therefore considered illegal controlled substances.”

The DEA ruling was not the end of the issue. As mentioned above, it has continued into 2024 and beyond. As of May 2026, there is no change in the DEA  ruling. 

Even a change in the legal status of the DEA ruling doesn’t change some very important information concerning Synthetic delta-8 and delta-9 THC-O substances.

However, that may change on November 12, 2026, when the new statute redefining the amount of THC allowed in hemp-based products is scheduled to become active.

Please continue reading to get important background information and an important update on this DEA ruling.

groovyhempcompany.com In-depth article on DEA Classifying THC-O Products as Schedule 1 Substances.
groovyhempcompany.com In-depth article on DEA Classifying THC-O Products as Schedule 1 Substances.

DEA Classifying THC-O as Schedule 1, Introduction 

Attorney Rod Kight inquired about the legal status of delta-8 THC-O and delta-9 THC-O with the federal agency in 2022 and followed up earlier in February 2023.

DEA sent a response letter on Monday, saying the two cannabinoids “do not occur naturally in the cannabis plant and can only be obtained synthetically, and therefore do not fall under the definition of hemp.”

“Delta-9-THCO and delta-8-THCO are tetrahydrocannabinols having similar chemical structures and pharmacological activities to those contained in the cannabis plant,” the letter from Terrence L. Boos, chief of DEA’s Drug & Chemical Evaluation Section, continued.”

Mr. Jaeger‘s article in Marijuana Moment also includes Mr. Kight‘s very illuminating written response to the DEA decision. Take a few moments to read this article in Marijuana Moment. It’s well worth your time. 

(Tap or click to read the entire article.)

DEA Classifying THC-O as Schedule 1: What Is THC-O? Part 1 

There have been concerns about THC-O in the Cannabis Community. Here are excerpts from a March 22, 2022, post written by Emily Murray and published on the Addiction Center Blog;

“Because of its possible high level of potency and lack of research on its effects on one’s health, many have concerns about this THC analog.

THC-O, or Tetrahydrocannabinol, is a non-natural cannabinoid. Also called THC-O-acetate, this compound is not derived from hemp in the same way as other cannabis products, like CBD, CBG, and CBN. This means that THC-O is not found naturally in the hemp plant.”

Ms. Murray continues; 

“There has been very little scientific research done on the effects and dangers of using THC-O. It has been reported by some news outlets that THC-O can be up to 3x more potent than THC.

Based on the experiences of consumers, this compound is capable of producing more psychedelic effects than other cannabinoids. It has also been said that these effects tend to have a more spiritual tone.”

groovyhempcompany.com In-depth article on DEA Classifying THC-O Products as Schedule 1 Substances.

DEA Classifying THC-O as Schedule 1: What Is THC-O? Part 2 

“While not much is known about the effects of THC-O, those who use this cannabinoid believe it can help relieve pain, boost appetite, and reduce anxiety.

Consumers also report the following side effects: Hallucinations, Anxiety, Dizziness, Paranoia, Sedation, Vomiting, and Seizures. 

Public interest in THC-O has been growing across the US, especially in states where the sale of recreational Marijuana is still illegal.

It is typically sold in vape cartridges, tinctures, and gummies.”

Ms. Murray further comments;

“Since synthetic Marijuana was introduced, a large number of similar cannabinoid agonists have been created. This makes it difficult to control these substances.

Because there is very little research and few regulations, the risks that can come with using THC-O are virtually unknown.

The lack of regulations and standards for production makes it very difficult to know a product’s potency or what chemicals were involved during production.

While most are advertised as being organic or natural, often dangerous chemicals are used when manufacturing THC-O.” 

(Tap or click to read the entire post by Ms. Murray.)

Groovy Hemp Company and the THC-O Issue

groovyhempcompany.com has never and does not provide any products formulated with any synthetic THC products, including and especially THC-O.

Every hemp-based product we provide is all-natural and 100% compliant with the 2018 Farm Bill. The CBD and/or THC in our Hemp-based products are derived directly from Hemp Flower and only Hemp Flower.

As always, groovyhempcompany.com only provides hemp-based products with a high degree of purity and quality control. These products are sourced from socially responsible vendors with extremely high ethical standards.

All products are formulated from Industrial-grade or pharmaceutical-grade hemp grown and manufactured in the United States. Almost all additional ingredients are all-natural and/or organic.

In almost all cases, Independent Lab Results (AKA COAs) are available for printing or download on each corresponding product page. Tap or click and visit our CBD Wellness page and see how we can help you.

groovyhempcompany.com provides Boro Hemp Full Spectrum Ailment Specific CBD Oil Capsules.
groovyhempcompany.com In-depth article on DEA Classifying THC-O Products as Schedule 1 Substances.

Editor’s Note: Please Read the following Revision

A U.S. Appeals Court reverses the DEA decision to classify THC-O Products as Schedule 1 Substances.

As reported in the September 5, 2024, issue of Marijuana Moment, “THC-O Qualifies As Legal Hemp Under Federal Law, Appeals Court Says, Rejecting DEA’s Restrictive Stance”. Reported and written by Ben Adlin.

Mr.Adlin reports that;

“A U.S. appeals court has ruled that the hemp-derived cannabinoid THC-O-acetate is federally legal under the 2018 Farm Bill, rejecting the position of the Drug Enforcement Administration (DEA) that the chemical is a Schedule I controlled substance”.

I strongly advise that you take a few minutes to read Mr. Adlin’s article in Marijuana Moment; it’s well worth your time.

(Tap or click to read the entire article.)

Groovy Hemp Company DEA Classifying THC-O Products as Schedule 1 Substances FAQs

CBD stands for Cannabidiol, one of many phytocannabinoids found in cannabis. Unlike THC, CBD is not psychoactive. Additionally, independent research and consumer feedback demonstrate numerous benefits for human and pet health. In hemp, CBD Oil is found in a much higher concentration than any other cannabinoid.

CBD Oil works synergistically with your body’s Endocannabinoid System (ECS) to supplement the naturally occurring cannabinoids in your system.

When your body absorbs CBD Oil, it improves the endocannabinoid system’s ability to promote a balanced internal environment (Homeostasis).

Consuming CBD Oil products can help you maintain a regular level of CBD Oil in your system, promoting optimal wellness.

  • Beyond the physical difference, Hemp and Marijuana are strains of the Cannabis plant with slightly different biochemical characteristics.
  • In a broad sense, Hemp and Marijuana can both have a positive impact on your health, physical and mental. However, each has a broad range of varying benefits. Too broad to be covered here.
  • THC is the psychoactive ingredient in Marijuana that gets you high. Hemp-based products have no more than 0.3% naturally occurring THC, which is not even remotely enough to get you high. Marijuana sold today frequently has at least 15% THC, and that will definitely get you high.
  • There are also Hemp-based products that have been chemically engineered to have higher percentages of Delta 8 and Delta 9 THC.
  • Hemp was de-scheduled by the DEA in September 2018 and is 100% legal. For some bizarre reason(s) that I’m sure only makes sense to the DEA, Marijuana is still considered a Schedule 1 drug by the DEA. A Schedule 1 drug is considered highly dangerous and addictive. Like I said, bizarre.
  • Marijuana has now attained varying forms of legality in different states and municipalities but is still considered illegal by the Federal government in some states. Legislation has been introduced in Congress and many states legalizing Marijuana.
  • As of August 2024, the DEA has been directed by the White House to reschedule Marijuana as a Schedule 3 drug. The DEA has been acting on this directive in slow motion. Bet you’re every bit as “surprised” as I am.
  • Groovy Hemp Company only provides hemp-based products. None of them will get you high.

Delta 8 THC-O is a synthetically created analog of naturally grown Delta 8 THC derived from hemp.

The Drug Enforcement Administration (DEA) says that Delta 8 THC-O does not meet the federal definition of legal hemp and is therefore considered an illegal controlled substance.

There are also concerns about its safety. As of October 2024, this is still a very controversial issue.

Delta 9 THC-O is a synthetically created analog to naturally grown Delta 9 THC derived from hemp.

The Drug Enforcement Administration (DEA) says that Delta 9 THC-O does not meet the federal definition of legal hemp and is therefore considered an illegal controlled substance.

There are also concerns about its safety. As of October 2024, this is still a very controversial issue.

The DEA, AKA the Drug Enforcement Administration, is an agency that is part of the Federal government’s Department of Justice. The DEA’s job is to enforce the laws and regulations on controlled substances in the United States.

Part of the DEA’s job is to classify various controlled substances in various Schedules. There are 5 Schedules. The controlled substances with a higher probability of abuse (among other factors) are classified as Schedule 1. The rest of the controlled substance hierarchy is defined by a succeeding reduced level of probability of abuse, etc. 

E.G., Heroin is a Schedule 1 drug. Cocaine and Opioids are Schedule 2 drugs. Currently, Marijuana is inexplicably still classified as a Schedule 1 drug.

The Biden administration recommended that the DEA reschedule Marijuana from Schedule 1 to Schedule 3 in May 2024. As of December 2025, President Trump issued an Executive Order ReClassifying Marijuana from Schedule 1 to Schedule 3. As you can imagine, this has made a substantial number of people happy.

  • Full-spectrum is the only category of CBD Oil product that includes THC. If you have Drug Testing (AKA Drug Screening) at your place of employment, your best strategy is to use only Broad-spectrum and/or CBD Isolate. Both of them are THC-free.
  • Delta 9 THC is the psychoactive ingredient in Marijuana that gets you high. Marijuana typically has 15% – 25% Delta 9 THC.
  • CBD Oil products, including CBD Wellness products, are made from Hemp Oil Extract and have no more than 0.3% naturally occurring THC. That is not even remotely enough to get you high. 
  • There are also Hemp-based products that have been chemically engineered to have higher percentages of Delta 8 and Delta 9 THC. These products are classified as Intoxicating Hemp.
  • groovyhempcompany.com only provides CBD Oil Wellness products. We do NOT provide intoxicating hemp products of any type. More specifically, we do NOT provide Delta 8 or Delta 9 THC products derived from Hemp or any related products.

The abbreviation for a Certificate of Analysis is COA (AKA Independent Lab Results). A COA can be conveniently found on the individual product page, in the tab marked Independent Lab Results.

Tap or click to read, print, or download “Understanding a CBD Oil Product COA, AKA Independent Lab Result”.

A qualified yes. CBD Oil products with zero % THC are legal in 49 states. E-commerce sites cannot legally sell CBD to Alabama residents.

Selling Full-spectrum CBD Oil products (less than 0.3% delta-9 THC but more than zero % THC) is illegal in California, Idaho, Kansas, and Tennessee and legal in the remaining 45 states.

That means Groovy Hemp Company is only allowed to sell THC-free CBD Oil products (Broad-spectrum CBD and CBD Isolate) in California, Idaho, Kansas, and Tennessee.

THC-free means 0.0% or N/D on the COA for delta-8 or delta-9 THC.

Tap or click if you do not know how to read a COA.

Groovy Hemp Company ships all of our CBD Oil products to all 50 states except Alabama. It is now illegal for e-commerce sites to sell CBD in Alabama. 

  • It is legal to sell and ship THC-free CBD to the other 49 states.
  • It is legal to sell and ship Full-spectrum CBD to only 45 states.
  • In California, Idaho, Alabama, and Tennessee, it is currently illegal for an e-commerce store to sell and ship ANY hemp-based product that is formulated with THC of any type.
  • That includes Full-spectrum CBD Oil products (less than 0.3% delta-9 THC but more than zero % THC). 
  • That means Groovy Hemp Company is NOT allowed to sell or ship Full-spectrum CBD Oil products to California, Idaho, Kansas, and Tennessee.
  • We are allowed to sell and ship THC-free CBD Oil products to those four states.
  • THC-free means 0.0% or N/D on the COA for delta-8 or delta-9 THC.
  • Tap or click if you do not know how to read a COA.

As we are not physicians, Groovy Hemp Company is prohibited from diagnosing or prescribing any medical treatment. If you have a medical condition or are concerned that you may have one, schedule an appointment with your physician and keep it. Do not go on the Internet and self-diagnose, and especially do not self-medicate.

  • The short answer is no; we do NOT provide Prescription Gummies for Pain.
  • The long answer is that Groovy Hemp Company is not legally allowed to provide prescription drugs or treatments of any type.
  • If you have a legitimate prescription, take it to a licensed pharmacy so they can manage your prescription. 

Groovy Hemp Company does not provide any CBD Oil or Delta 8 THC products for children. We recommend that CBD Oil or Delta 8 THC products should not be given to children unless prescribed by a Physician.

Otherwise, keep ALL CBD Oil and Delta 8 THC products out of the reach of children, especially small children. We do check for age during the ordering process.

Tap or click to read our post on CBD Oil and Child Safety. 

groovyhempcompany.com In-depth article on DEA Classifying THC-O Products as Schedule 1 Substances.

Groovy Hemp Company CBD Learning Center

Groovy Hemp Company provides a free information hub for people who would like to learn more about hemp-based products. That includes; YouTube videos, In-Depth Articles, FAQs, and a Glossary. 

Groovy Hemp Company provides a specific page with a collection of CBD-focused YouTube videos. Tap or click to visit our CBD YouTube page.

Or, you can tap or click Groovy Hemp Company YouTube Channel and subscribe. Many thanks!

And please take a few moments to stop by the recently relaunched Groovy Hemp Podcast Page. You can also find Groovy Hemp Podcast on many podcast channels, including:

Apple Podcasts, Spotify, SoundCloud, iHeart Radio, Podchaser, Radio Public, Patreon, Amazon Music Podcasts, Pandora, and Deezer.

Our Google Web Stories help you learn more about how CBD Oil, CBG Oil, and CBDA Oil may reduce inflammation and encourage workout recovery after a tough day in the fitness center. They could also manage chronic stressors.

You can also learn how CBD oil might help you get quality sleep. Tap or click to experience our very Groovy Google Web Stories.

DEA Classifying THC-O Products as Schedule 1 Substances, The Big Wrap-up

As always, our goal is to educate the CBD Oil consumer so they can make better-informed buying decisions.

If you can’t find your answer on a CBD-related issue there, our email address is robb [at] groovyhempcompany [dot] com, or Tap or click to email us right now. We will respond within 24 hours.

Please don’t ask us for medical advice. We will just suggest you contact your physician.

Groovy Hemp Company is your CBD Online Marketplace. It is where to buy the best CBD Oil Products, Order Today!

Thank you for stopping by and reading DEA Classifying THC-O Products as Schedule 1 Substances.  Happy Trails!

Tap or click to read more Groovy Hemp Company In-depth Articles.

Add groovyhempcompany.com as a prefered source on Google.

Related Posts

Robb Auspitz is the founder and owner of Groovy Hemp Company. He has been involved with the CBD Oil industry for approximately five years as a business person, an active CBD Oil Consumer, and a CBD Oil Advocate.
Robb has a degree in biology and three years of experience working in a clinical chemistry lab. He has an extensive IT background, including custom software sales and support.

groovyhempcompany.com provides the Best Hemp Oil Extract Products including CBD, CBG, and CBN Tinctures, Capsules, Gummies, Topicals, Personal Care, and Pet Products.

Groovy Hemp Company FDA Disclaimer

This product is not for use by or sale to persons under the age of 18. The statements made regarding these products have not been evaluated by the Food and Drug Administration. The efficacy of these products has not been confirmed by FDA-approved research.

These products are not intended to diagnose, treat, cure or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from health care practitioners. Please consult your health care professional about potential interactions or other possible complications before using any product. The Federal Food, Drug and Cosmetic Act requires this notice

  • Keep ALL CBD Oil, Delta 8, and Delta 9 Products out of the Reach of Children, Especially Small Children.
  • Products on this site are not meant for individuals with a history of heart conditions.
  • Do not take if pregnant or nursing.

Your privacy matters, we will NOT sell your information or data. We accept all major credit cards.

Support Information

Call us at 877.526.6119  or you can also reach us via email at support@groovyhempcompany.com

More Support Information

4387 W Swamp Rd
#162
Doylestown PA  18901

Footer Links

More Footer Links

Copyright 2026, All rights reserved
Robb Auspitz Web Design 

groovyhempcompany.com is pleased to be named one of FeedSpot's Top 100 Cannabidiol Blogs.

Blogarama – Blog Directory

groovyhempcompany.com provides the Best Hemp Oil Extract Products including CBD, CBG, and CBN Tinctures, Capsules, Gummies, Topicals, Personal Care, and Pet Products.
groovyhempcompany.com provides the Best Hemp Oil Extract Products including CBD, CBG, and CBN Tinctures, Capsules, Gummies, Topicals, Personal Care, and Pet Products.
Back To Top