Vol. 1, Ed. 54 — Tue Oct 6: Delta-8 cutoff unclear as FDA misses deadline

Delta-8 THC's federal cutoff date remains unclear as FDA misses a guidance deadline; Treasury and IRS put Section 280E cannabis tax guidance on the 2026–27 priority plan; Rhode Island hemp-THC sellers wind down ahead of the December 11 federal limit. For general information only — not legal advice.

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This is the New Realm Compliance Brief, Volume one, Edition fifty-four, for Tuesday, October sixth.

Our top story: the federal cutoff date for delta-eight T-H-C remains unclear as the F-D-A misses a guidance deadline. Under the federal hemp law, products with more than zero point four milligrams of total T-H-C per container become controlled substances on December eleventh. But delta-eight and other converted cannabinoids may instead fall under an earlier November twelfth date that applies to lab-synthesized cannabinoids, and the F-D-A has not published the guidance that would settle which date governs. Jonathan Miller of the U-S Hemp Roundtable said the group is very frustrated with the agency's failure to meet the statutory deadline. Some operators said they are already liquidating delta-eight inventory. For retailers and distributors, planning to the earlier November date is the conservative path until the guidance lands.

In other federal news, the Treasury Department and the I-R-S placed cannabis tax guidance under Section two-eighty-E on their new priority guidance plan for the fiscal year that began October first. After April's move of state-licensed medical cannabis to Schedule three, the guidance is expected to address how businesses serving both medical and adult-use markets split their deduction eligibility. And the D-E-A's updated Drugs of Abuse report states that no deaths from marijuana overdose have been reported, while acknowledging for the first time that most states have legalized medical sales.

Around the states: Rhode Island's Cannabis Control Commission warned hemp businesses that the federal limit will override state rules in December; beverages make up more than eighty percent of that state's hemp sales. And in Massachusetts, Governor Maura Healey said she will vote against the November ballot measure that would repeal licensed recreational sales.

On the radar: Oregon regulators take up hemp registration rules October twenty-first, and Virginia's preliminary-feedback window on draft adult-use retail rules approaches in late October.

Full details and source links are in today's email. This update is for general information only — it is not legal advice.