Oklahoma used to be a hemp-friendly state. Until recently, it was home base to several of the most well-known and respected hemp businesses in the country. That has changed recently, but not due to changes in the law, which is mostly hemp-friendly. Rather, the change has come from overzealous and under-informed politicians who either don’t understand the law or who choose to ignore it. The most recent public example is a letter from Governor Kevin Stitt to several state agencies in which he request that they, “coordinate closely with one another to strengthen enforcement and regulatory action…. to effectively combat the unlawful manufacturing, distribution, and sale of [psychoactive marijuana byproducts] across Oklahoma.” The full letter is below.
The “psychoactive marijuana compounds” that Governor Stitt refers to are “typically synthesized or chemically altered from hemp-derived cannabidiol (CBD)“. To that end, he asks the agencies to focus on “Delta-8 Tetrahydrocannabinol (Δ8-THC), Delta-10 Tetrahydrocannabinol (Δ10-THC), Hexahydrocannabinol (HHC), Tetrahydrocannabinol-O Acetate (THC-O), Tetrahydrocannabiphorol (THCP), Tetrahydrocannabivarin (THCV).” None of these compounds are actually controlled substances under Oklahoma law when they are derived from hemp. Additionally, multiple federal courts have also concluded that they are not controlled under federal law. The most recent opinion is from the Fourth Circuit Court of Appeals, which ruled that THCO from hemp is not controlled, contrary to the DEA’s position. (You can read about that case here.)
Tellingly, Governor Stitt implies that he knows that these compounds are not actually illegal when he states, “I request that your agencies collaboratively identify gaps in the current regulatory and enforcement framework, if any, and provide recommendations for statutory or administrative changes to my office if additional action is needed.” This is a tacit admission that these compounds are not illegal. If they are already illegal then there is no need to identify “gaps” to correct with a new statute or administrative regulation.
Regardless of what the law actually states, Governor Stitt’s letter inserts new risk into the possession, distribution, and marketing of products in Oklahoma that contain these cannabinoids. I anticipate a chilling effect on the Oklahoma hemp market. The bigger question is whether or not Governor Stitt will eventually be bucked off of his hemp high horse. It’s certainly a possibility. We’ve seen similar actions by state Governors and Attorneys General who ended up on the losing end of their war against hemp.
Here is Governor Stitt’s letter:
https://cannabislaw.report/oklahoma-governor-initiates-attack-on-legal-hemp-products/
