As regulators contemplate the legal status of the cannabinoid Delta 8 THC, officials with the Drug Enforcement Administration (DEA) are signaling that, at the federal level at least, it’s not a controlled substance at this time.

Officials with the DEA have indicated to state regulators that only products containing more than 0.3 percent Delta-9 THC—the most commonly known intoxicating cannabinoid—is controlled, but the 2018 Farm Bill that legalized hemp does not explicitly ban THC isomers like Delta 8 THC. 

Virginia is cutting off revenue from its own small business who live and thrive off the production and sale of Delta 8 THC.