DEA clarifies CBD oil is completely illegal
The Drug Enforcement Administration has made a clarification on CBD oil, stating that whether it is obtained from hemp or marijuana, it is federally illegal.
Many have assumed for some time now that if CBD oil contains very little or no THC, that it is legal. CBD oil, an extract from the cannabis plant family, is found readily available not just over the internet, but in some local herbal and health stores, as well as smoke shops.
According to Leafly, today’s Federal Register (Dec. 14, 2016) contains an item (21 CFR Part 1308) that establishes a new drug code for “marihuana extract.”
“This code,” wrote DEA Acting Administrator Chuck Rosenberg, “will allow DEA and DEA-registered entities to track quantities of this material separately from quantities of marihuana.” The move, the Register entry explained, is meant to bring the US into compliance with international drug-control treaties.
All governments refer to the cannabis plant as marihuana, as that is the legal name of the plant used in legislation.
“For practical purposes, all extracts that contain CBD will also contain at least small amounts of other cannabinoids. However, if it were possible to produce from the cannabis plant an extract that contained only CBD and no other cannabinoids, such an extract would fall within the new drug code” Rosenberg stated.
This means that CBD is included as a Schedule I controlled substance, and if the federal government so chooses, they can prosecute the sale and possession of the extract. This would seemingly account for any extract which contains cannabinols and cannabidiols.
Such a ruling clashes with recent drug trials at children hospitals in Texas where CBD oil was successfully used to treat seizures. It also puts Texas’ new medical marijuana CBD oil program at odds with the federal government.
That may not matter if Texas State Senator Jose Menendez has his way. He has pre-filed SB 269 for the 2017 state legislative session which would expand that program to include whole plant marijuana, and it would allow patients with an array of debilitating conditions to qualify. If passed, Texas would join 28 other states and Washington, D.C. in having a full medical cannabis program.