Psychedelic Lawyer

While most people are familiar with the popular psychedelics such as psilocybin mushrooms, there are numerous other substances that fall under the umbrella of psychedelic drugs. Below, we’ve listed some of these lesser-known psychedelics, as well as information on obtaining a license. If you require assistance in obtaining a license, our team can provide the necessary support.

Ketamine – Ketamine is a “Schedule III” non-narcotic substance in the US and may only be used for medicinal purposes with a doctor’s prescription. To obtain a license to deal with Ketamine in the US, you must be a licensed medical professional and have a valid DEA registration. This involves filling out an application and providing documentation such as your state medical license, a list of controlled substances you plan to handle, and a security plan for handling and storing the drugs. You must also comply with state and local regulations governing the use of Ketamine, which may include obtaining a separate state license or certification and adhering to specific treatment protocols.

CBD – Cannabis-derived CBD is unlawful under federal law. Meanwhile, CBD derived from hemp with less than 0.3% THC by dry weight is allowed since hemp is not a restricted drug. To obtain a license to deal with CBD in the US, you must comply with federal and state regulations governing the production, distribution, and sale of CBD products. CBD derived from hemp with less than 0.3% THC is legal under the 2018 Farm Bill, but the FDA has specific labeling and product restrictions. State regulations vary, and you may need to obtain permits or licenses to grow or manufacture hemp for CBD production.

Delta-8 and Delta-9 – According to the U.S. Drug Enforcement Administration, both cannabinoids delta-8 and delta-9 THC-O are prohibited controlled substances. To obtain a license to deal with Delta-8 and Delta-9 in the US, you must comply with federal and state regulations governing their production, distribution, and sale. A DEA license is required to manufacture, distribute, or dispense Delta-9, which is a Schedule I controlled substance. Delta-8 is not specifically scheduled at the federal level, but state regulations may require a license or permit to sell it. Additional regulations apply to manufacturing and distribution, such as GMP requirements and product labeling and testing requirements.

HHC – As long as it is derived from hemp, HHC is legal under the 2018 Farm Bill. To obtain a license to deal with HHC in the US, you must comply with state regulations governing the production, distribution, and sale of synthetic cannabinoids, as some states have banned its sale. Specific requirements for obtaining a license may vary depending on the state and local jurisdiction, and additional regulations apply to manufacturing and distribution, such as GMP requirements and product labeling and testing requirements.

Ayahuasca – Ayahuasca typically contains the Schedule I controlled substance DMT, rendering it unlawful under federal law. There is no legal way to obtain a license to deal with Ayahuasca in the US. It is a Schedule I controlled substance, and the use of Ayahuasca in the US is considered a Schedule I drug offense, which can result in fines and imprisonment. The FDA does not recognize Ayahuasca as a medicine and it is not approved for use in the US. 

THCO – In February 2023, DEA verified via letter that THCO is a controlled substance and therefore unlawful under federal law. To obtain a license to deal with THCO in the US, you must comply with state regulations governing the production, distribution, and sale of synthetic cannabinoids, as some states have banned its sale. Specific requirements for obtaining a license may vary depending on the state and local jurisdiction, and additional regulations apply to manufacturing and distribution, such as GMP requirements and product labeling and testing requirements.

CBG – CBG is lawful as long as it is extracted from cannabis plants with less than 0.3% THC. To obtain a license to deal with CBG in the US, you must comply with federal and state regulations governing the production, distribution, and sale of hemp-derived products. Hemp and hemp-derived products with less than 0.3% THC are legal at the federal level under the 2018 Farm Bill, and a state license is required to sell CBG products. If you plan to grow or manufacture hemp for CBG production, you would need to obtain a license from your state’s Department of Agriculture. Additional regulations apply to manufacturing and distribution, such as GMP requirements and product labeling and testing requirements. 

CBN – CBN is lawful under US federal law so long as the delta-9 Tetrahydrocannabinol (THC) concentration is less than 0.3 percent. To obtain a license to deal with CBN (cannabinol) in the US, you must comply with federal and state regulations governing the production, distribution, and sale of hemp-derived products. A state license is required to sell CBN products, and if you plan to grow or manufacture hemp for CBN production, you must obtain a license from your state’s Department of Agriculture. Additional regulations apply to manufacturing and distribution, such as GMP requirements and product labeling and testing requirements. It is important to consult with legal and regulatory experts to ensure compliance with all applicable laws and regulations.