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dea clarification cbd

As explained in the Final Rule, the creation of this new drug code was primarily intended to give DEA more precise accounting to assist the agency in carrying out its obligations to provide certain reports required by U.S. treaty obligations. Because the Final Rule did not add any substance to the schedules that was not already controlled, and did not change the schedule of any substance, it was not a scheduling action under 21 U.S.C. §§ 811 and 812.

Note regarding this rule – In light of questions that the Drug Enforcement Administration has received from members of the public following the publication of the Final Rule establishing a new Controlled Substance Code Number (drug code) for marijuana extract, DEA makes the following clarification:

Clarification of the New Drug Code (7350) for Marijuana Extract

The new drug code is a subset of what has always been included in the CSA definition of marijuana. By creating a new drug code for marijuana extract, the Final Rule divides into more descriptive pieces the materials, compounds, mixtures, and preparations that fall within the CSA definition of marijuana. Both drug code 7360 (marijuana) and new drug code 7350 (marijuana extract) are limited to that which falls within the CSA definition of marijuana.

Because recent public inquiries that DEA has received following the publication of the Final Rule suggest there may be some misunderstanding about the source of cannabinoids in the cannabis plant, we also note the following botanical considerations. As the scientific literature indicates, cannabinoids, such as tetrahydrocannabinols (THC), cannabinols (CBN) and cannabidiols (CBD), are found in the parts of the cannabis plant that fall within the CSA definition of marijuana, such as the flowering tops, resin, and leaves. 2 According to the scientific literature, cannabinoids are not found in the parts of the cannabis plant that are excluded from the CSA definition of marijuana, except for trace amounts (typically, only parts per million) 3 that may be found where small quantities of resin adhere to the surface of seeds and mature stalk. 4 Thus, based on the scientific literature, it is not practical to produce extracts that contain more than trace amounts of cannabinoids using only the parts of the cannabis plant that are excluded from the CSA definition of marijuana, such as oil from the seeds. The industrial processes used to clean cannabis seeds and produce seed oil would likely further diminish any trace amounts of cannabinoids that end up in the finished product. However, as indicated above, if a product, such as oil from cannabis seeds, consisted solely of parts of the cannabis plant excluded from the CSA definition of marijuana, such product would not be included in the new drug code (7350) or in the drug code for marijuana (7360), even if it contained trace amounts of cannabinoids. 5

Dea clarification cbd

But entrepreneurs selling CBD products across state lines say they are abiding by the law, relying on legal precedents that they claim decided that hemp and CBD products are legal to sell across state lines so long as the products come from hemp, cannabis plants with only 0.3 percent THC, the psychoactive chemical found in marijuana. Dr. Stuart Titus of Medical Marijuana, Inc., which sells CBD products across all 50 states, says the 2004 court case between the Hemp Industry Association and the DEA ruled that the DEA cannot ban products made with hemp and hemp seed that are not intended for consumption, has made his business legal.

Entrepreneurs in the industry also claim that the 2014 Agricultural Act, Section 7607 legalized the commercialization of industrial hemp and CBD. But that is not true; the bill allows for agricultural departments to create pilot programs to grow and market industrial hemp for research purposes but does not allow for commercial markets, says Hudak.

There’s a battle brewing over the interpretation of laws and the definition of “marijuana” under U.S. drug regulations ever since the Drug Enforcement Administration issued a clarification that cannabidiol, or CBD, is a Schedule I drug. Companies that sell CBD products, the non-psychoactive chemical in marijuana, say the DEA is incorrectly classifying what they produce and insist they’re not breaking federal drug law.

Hudak says the DEA did not amend or augment the Controlled Substances Act.

CBD, which is one of the many active chemicals found in cannabis sativa, is linked to potential medical uses. In states where marijuana and hemp are legal, CBD can be manufactured and sold, but, just like THC products, CBD cannot be sold across state lines, including from one legal state to another, explains John Hudak, a senior policy advisor at the Brookings Institute.