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The Legal Status of CBD Oil

January 6, 2017 04:14 am ET
The Legal Status of CBD Oil

CBD oil derived from hemp is commonly available around the internet with such operations thriving on the assumption that cannabidiol products below the legal threshold for THC percentage in hemp are technically legal. However, the legal status of CBD products has been updated by the US Drug Enforcement Administration (DEA) by making CBD oil more federally illegal in a little-noticed bureaucratic maneuver on December 14, 2016.

“This code,” wrote the DEA Acting Administrator Chuck Rosenberg, “will allow DEA and DEA registered entities to track quantities of this material separately from quantities of marihuana.”

What if your CBD derived from hemp possibly? For the DEA, that derivative is not important. The new extracts classification created applies to all “extracts that have been derived from any plant of the genus Cannabis and which contain cannabinol and cannabidiols.” Hemp is not a separate genus itself.

According to the DEA Acting Administrator, this new ‘code’ will allow DEA and DEA-registered entities to track quantities of this material separately from other quantities of marijuana. A move meant to bring the US into compliance with international drug control treaties, the DEA’s position on all cannabis products, including CBD oil, hasn’t changed but has just been clarified and reinforced. The DEA Administrator also stated that persons may grow their own hemp but if CBD oil is extracted from said hemp then the DEA considers that a federal crime. Although the DEA considers CBD oil to be federally illegal Schedule 1 drug, there are temporary safeguards protecting patients in many states, as well as Washington, DC, from federal prosecution over possession of the oil.

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