As explained by hemp attorney Rod Kight, the issue involves something called work in progress hemp extract (WIPHE). WIPHE is a substance produced during hemp processing which can contain more than the legal limit of 0.3% THC, even if the source plants did not. Though the substance never reaches consumers, the rule defines it as a schedule I controlled substance, and therefore illegal.
- Kight also notes that the IFR threatens the legality of Delta-8 THC, an increasingly popular cannabinoid that does get people high and which can derive from federally legal hemp.
- The rule took effect August 21, but the public comment period is open until October 20. Comments can be made here and should reference, “RIN 1117- AB53/ Docket No. DEA-500”
At Canna Law Blog, attorney Daniel Shortt writes, "I’ll let you decide whether the DEA is ignorant or nefarious, but I believe that this is an intentional move by the DEA to maintain its authority over cannabis. To be fair I also think the DEA should be disbanded so maybe I am biased."