Unlike THC, THCA is not listed as an illicit substance in the U.S. UU. However, since it spontaneously decarboxylates into THC, there is no way to obtain a pure sample of THCA without THC present. I have been concerned about the proliferation of the THC acetate ester (THCO) for some time.
I have always considered THCO to be a controlled substance under federal law. Although it can be made from hemp cannabinoids, THCO is not naturally expressed in the hemp plant. It is a laboratory creation that does not occur in nature, at least not from the hemp plant. The new drug code is a subset of what has always been included in the CSA definition of marijuana.
By creating a new drug code for marijuana extract, the Final Rule divides into more descriptive parts the materials, compounds, blends and preparations that fall within the CSA definition of marijuana. Both the drug code 7360 (marijuana) and the new drug code 7350 (marijuana extract) are limited to what falls within the CSA definition of marijuana.
