DEA To Prohibit CBD-Oils: What Does It Mean?

In a swift, quiet move, on the Dec. 14, The US Drug Enforcement Administration (DEA) made a CBD-oil federally illegal once again.

So, now Federal Register contains an item (if you’re curious, it’s 21 CFR Part 1308). It establishes a new drug code for “marijuana extracts.”

What does it do?

Well, according to DEA Acting Administrator Chuck Rosenberg, it allows DEA and DEAs-registered entities to track quantities of this material separately from marijuana. Allegedly, this measure will bring the US in compliance with international drug-related laws.

This action mostly reinforces DEA policies regarding cannabis extracts, including CBD-oils. So, it’s still a Schedule I drug. No changes.

But wait, what about CBD-oils that one can purchase in online stores?

According to DEA, they’re not so legal. Even if it’s derived from hemp and has virtually no other cannabinoids in it, it still can contain some amount of them. First, they include all the extracts made from cannabis genus to be a cannabis extract. Second, they are sure that they can find enough other cannabinoids to be able to arrest and prosecute a user. However, this inclusion of CBD-oils in the federal register means that they can still arrest you even if it’s clear and contains only CBD.

What DEA is doing is an attempt to interfere with hemp growing. The 2014 Farm Bill keeps DEA from interfering with hemp growing and cultivation and research in particular states. Now they tell growers that they can grow hemp, but they can’t extract CBD from it.

But what if I’m a CBD-oil patient?

Well, it’s tricky. There are temporary safeguards that protect patients from being prosecuted, for example, the Rohrabacher-Farr amendment. It prohibits Justice Department from spending funds to interfere with medical cannabis state legislations.

It’s one of the legislation pieces that keeps DEA from prosecuting patients for possession of CBD-oils in 28 legal medical cannabis states, and the District of Columbia. In 16 states with CBD-only laws protect caregivers and patients from prosecution, however, don’t provide them with a legal way to obtain the medicine.

The thing is that Rohrabacher-Farr needs to be renewed every year. If it does, the safeguards disappear.

What does it all mean?

Well, it can be anything. In the worst case, it can threaten thousands of jobs and growing business. Let’s see what Trump government will do. Let’s hope it’ll be nothing too scary.