It seems as if there is a new cannabinoid product coming out every five minutes. Scratch that – it seems like there is a new cannabinoid coming out every five minutes. After CBD, it was CBG and CBN, then the deltas, and then, well, it’s hard to keep track. Today, every time I research these new cannabinoids, I inevitably see ones I have never heard of before.
People constantly ask me how X cannabinoid will be regulated. What I generally say is that in most cases, there will be no federal or state law that specifically deals with that cannabinoid. But there are are basically three things I think are important to consider here.
In a post on August 3, 2023, hemp lawyer Rod Kight analyzed new cannabinoid H4 CBD – one I’d never stumbled into before. In that post, he analyzed two of the key questions at issue – first, whether H4 CBD is deemed “THC” under the Controlled Substances Act; and second, whether H4 CBD could qualify as a new dietary ingredient (NDI) under the Food Drug and Cosmetic Act (FDCA). I think it is also key to consider state law and whether it imposes restrictions beyond the CSA
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