The DEA is pushing to ban all extracts of cannabis, claiming that CBD, cannabidiol, is a Schedule I drug. Unlike the psychoactive component THC, also found in marijauna, CBD does not provide the user with a high, making the component undesirable for anything other than medicinal purposes.

In 2013, the British Journal of Pharmacology determined that CBD coruscates promise as an antiemetic, anticonvulsant, antipsychotic, anti-inflammatory, anti-oxidant, anti-tumoral/anti-cancer, anxiolytic and antidepressant. Similarly, the British company GW Pharmaceuticals has produced a pharmaceutical version of CBD that it has been using to treat patients afflicted with schizophrenia and epilepsy. The drug, Epidolex, has recently been approved by the FDA for trails in children suffering from rare forms of epilepsy.

A March 2015 presentation by the U.S. Food and Drug Administration titled “FDA Work on Medical Products Containing Marijuana” explicitly states their “clear role in supporting scientific and rigorous assessment of marijuana, including product development.” Furthermore, under the heading “FDA Scientific Recommendation to DEA about Scheduling of MJ,” it shows that the FDA has called for the “reclassification of medical cannabis from Schedule I to Schedule II” from as early as 2011.

On the other hand, a final rule by the DEA, first published December 14th, 2016, classifying all cannabis extracts as Schedule I drugs is meant to come into effect January 13th, 2017. As defined by the DEA, Schedule I drugs are substances, or chemicals with no currently accepted medical use and a high potential for abuse. Components of the category include LSD, ecstasy, quaaludes, and peyote. Like Britain, the United States, the FDA in particular, has recognized CBD as containing the potential benefits aforementioned.

In response to the December 14th ruling by the DEA, The Hemp Industries Association (HIA), the leading non-profit trade association consisting of hundreds of hemp businesses, issued its position two days later in response to the DEA ruling:

It is the position of the Hemp Industries Association that this Final Rule regarding ‘marijuana extracts’ is not within the jurisdiction of the DEA to enact, as the administration itself cannot amend or augment the definitions put forth in the Controlled Substances Act (CSA). Adding CBD products to the federal schedule of controlled substances would require new legislation to pass in Congress or action taken by the Attorney General, amending the CSA. Additionally, the ruling is based on an incorrect and incomplete understanding of how CBD is derived from the cannabis plant. While CBD may be derived from forms of cannabis that contain high amounts of THC, the cannabinoid associated with ‘marijuana,’ CBD may also be produced from industrial hemp plants that meet the legal standards of less than 0.3% THC by dry weight, and which may be cultivated in 32 states in the U.S. per Sec. 7606 of the Farm Bill, the Legitimacy of Industrial Hemp Research amendment. Hence, not all CBD products may be classified as extracts from ‘marijuana.’

“It’s important to understand that this Final Rule does not change the legal status of hemp derived CBD,” said Eric Steenstra, Executive Director of the Hemp Industries Association. “Cannabidiol is not listed on the federal schedule of controlled substances, and the DEA has no authority whatsoever to impede the production, processing or sale of hemp products, including CBD products, grown under the Farm Bill. We urge consumers and businesses not to panic, and continue supporting the growth of the hemp industry in the U.S.”

Generally, the HIA maintains that CBD products should be legally defined as supplements, not drugs or pharmaceuticals subject to DEA control. The CBD industry is one of the fastest growing sectors of the emerging hemp market in the U.S., and indeed worldwide. This DEA Final Rule is concerning to the industry, as it creates confusion in the marketplace among consumers and legitimate businesses alike, and may potentially result in federal agencies improperly treating legal products such as CBD oils, body balms and supplements as controlled substances. The Hemp Industries Association is monitoring this development closely, and is strongly considering legal action to protect the interests of its members and the hemp industry as a whole.

In other words, the DEA does not have the authority to simply ban any and all extracts/derivatives of marijuana. The final rule is much too broad. The same CBD product can be produced from a plant containing amounts of THC both above and below the threshold of the legal standard as it relates to the psychoactive component contained in marijuana. Thus, it raises an interesting question in exactly what motive the DEA has in ruling all derivatives of cannabis, specifically CBD, as Schedule I drugs?

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Attorney Todd L. Levitt has handled hundreds of cannabis related cases over his 23 year career. His experience in handling criminal cases has allowed him to develop a unique and unmatched expertise in all areas regarding marijuana law, particularly in the state of Michigan. His continuous study of marijuana law and his commitment to staying up to date with the latest developments in the industry engenders a knowledge of cannabis that separates him from the everyday lawyer. Whether it be a case that needs defending or you seek to enter the business of cannabis, Attorney Todd L. Levitt provides you with the expertise necessary to get on the right track.

For a free consultation, call Attorney Todd L. Levitt at 989-772-6000.