DEA Clarifies Cannabinoids Legality
The Drug Enforcement Agency released an internal directive regarding the presence of cannabinoids in products and materials made form the Cannabis plant on May 22, 2018.
In essence, the directive of guidance for staff and field agents in the department clarified the position (already understood by many in the hemp industry) that cannabinoids are in fact NOT illegal of themselves, and that it depends upon the legal source of the product that those cannabinoids came from to determine if that product falls inside or outside of the Controlled Substances Act.
The directive states:
“Products and materials that are made from the cannabis plant and which fall outside the CSA definition of marijuana are not controlled under the CSA.
Such products may accordingly be sold and otherwise distributed throughout the United States without restriction under the CSA or its implementing regulations.
The mere presence of cannabinoids is not itself dispositive as to whether a substance is within the scope of the CSA.”
What is CBD Oil’s Legal Gray Area?
Articles and websites dating back to 2017, including a top searched article from the Bookings Institute, have stated a legal “gray area” for CBD oil.
Some go as far to state with authority that all CBD products are federally illegal without having understood how legal hemp products containing naturally occurring CBD fit into the legality equation.
The “gray area” is actually quite clear and always has been if you just read and interpret federal code properly, especially not forgetting to read section 7606 of the 2014 US Farm Bill and the 2004 Hemp Industries Association vs DEA court decision.
The agency who regulates and oversees Controlled Substances has now stated the mere presence of CBD in a product does NOT make it illegal.
World Health Organization: “CBD has a Good Safety Profile”
The World Health Organization has studied the matter and confirmed that CBD oil is safe, even at high doses. They go on to state in their report from November of 2017:
“In humans, CBD exhibits no effects indicative of any abuse or dependence potential…CBD is generally well tolerated with a good safety profile…To date, there is no evidence of recreation use of CBD or any public health related problems.”
For a substance to be placed on the Controlled Substances Act it must have a potential for abuse and have a likelihood of causing dependence when abused. The substance CBD and most other cannabinoids do not even come close to fitting this description.
It also needs to be clear that every substance that naturally occurs in a substance on the CSA does not by default put that substance on the CSA. In marijuana, the targeted substance to be controlled is Delta 9 THC and NOT the many other cannabinoids or non-psychotropic substances found in the plant.
What Does the Future Hold for CBD Oil?
CBD products can take many shapes, sizes, and functions. We, at Anavii Market, have got you covered with our extensive options that we carefully select for quality, and verify through lab testing. Legislation currently pending in the 115th Congress titled the “Hemp Farming Act of 2018” has bi-partisan support and has a decent chance of actually getting signed into law this year.
Senate Majority Leader Mitch McConnell is one of the main sponsors of the bill.
At the press conference about the release of the bill he said:
“It’s time the federal government changes the way it looks at hemp, which is why Senator Ron Wyden and I, along with Senator Jeff Merkley, are introducing legislation that will modernize federal law in this area & empower American farmers to explore this promising new market.”
The future of the legal American hemp derived CBD oil industry looks very bright even though some folks are still confused about the legality nuances. This new law will even further solidify the legality and legitimacy of hemp and the hemp-derived CBD industry.
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What About Marijuana?
While hemp and hemp-derived products were federally legalized with the December 2018 Farm Bill, marijuana still remains federally illegal as a Schedule 1 drug.
This is because marijuana is a variation of the cannabis plant that contains more than 0.3% THC, the compound that gets you “high”. For hemp and hemp CBD oil to be legal, it must contain no more than .3% THC, which is such a small amount that there is no way you can get “high.”
However, states can also make their own laws. As of January 2019, there are 10 states that have legalized recreational marijuana use, with Michigan being the most recent to add the drug to its legal list. In addition, medical marijuana is now legal in 30 states, and many more have the issue high on the list for 2019 (no pun intended). We’re excited to what unfolds!
CBD Industry Set to Explode
Not only is hemp CBD oil federally legal, it is also vital part of the cannabis industry that is set to absolutely explode with growth in 2019. From CBD-infused beverages to topical creams, you can be sure that whatever form of CBD you’d like to use, it will be available. According to Forbes, cannabis is projected to blossom into a $22 billion industry by 2022. Get ready for a revolution.
CBD Oil as a Hopeful Solution
Right now the research is still being done, but there is quite a bit of evidence pointing towards CBD’s ability to support the body’s overall health and wellness. This means potentially less inflammation, better sleep, protection for your brain health, and more. We are just scratching the surface when it comes to CBD’s myriad of benefits, but you can bet that the future looks promising.
A version of this story first appeared on www.anaviimarket.com