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DEA’s Crackdown on THCA: What It Means for Users and Businesses

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In this episode, cannabis lawyer Tom Howard discusses the DEA’s 2024 letter declaring THCA products as illegal hemp. He breaks down the details of the letter, its implications for users and businesses, and the likelihood of federal enforcement. Howard also explains the legal loophole that allowed the THCA market to thrive, the impact of the 2018 Farm Bill, and the recent Supreme Court decision in Looper Bright vs. Raimondo that changed how agency opinions are treated. The episode also dives into ongoing state-level crackdowns and the potential future of federal oversight on THCA products.

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00:00 Introduction: The DEA’s Crackdown on THCA
01:00 The Federal Loophole: Origins of the THCA Market
03:33 The DEA’s 2024 Letter: Legal Implications
07:31 Federal Enforcement and State-Level Crackdowns
10:47 Judicial Hurdles and Future Legislation
14:26 Conclusion: The Uncertain Future of THCA