Official DEA Stance: Delta-8 and Hemp Cannabinoids 100% Legal.

Official DEA Stance: Delta-8 and Hemp Cannabinoids 100% Legal.

Posted by Steve W. on Feb 21, 2022

In our long and ongoing embarkment to get our trademarked registered federally with the USPTO; we have been going back and forth with the examining attorney who seems to insist that Delta-8 is federally illegal. So therefore they cannot approve the trademark.

This is common with trademarks to make your case and work with the examining attorney but it has been frustrating and It's a lot of wasted time and attorney fees. But ultimately we believe we will prevail and obtain the registered trademark with no issues. Because the law is very clear. Delta-8-THC from hemp is 100% legal. 

But what makes this argument even stronger is a  Jun 29, 2021Town hall meeting with the United States Department of Agriculture and the Drug Enforcement Agency. The DEA Representative is specifically asked this question. And his response is rather blunt and clear. He goes on to say:

"I want to be VERY, VERY deliberate and clear, at this time, per the farm bill, the only thing that is a controlled substance is Delta-9-THC greater than .3% on a dry weight basis."

While this only applies federally and states can enact their own laws, this is the clearest evidence to date on record of the DEA and legality stance. So the real question is:

"Why is the USPTO not approving Delta-8 or other cannabinoid trademarks when the law is overwhelmingly clear?"