The U.S. Drug Enforcement Administration’s (DEA’s) recent publishing of a Final Rule on the coding of marijuana extracts created panic recently. Various reports stoked fears that as a result, cannabidiol (CBD) was banned.
According to the Hemp Industries Association, it isn’t so.
“HIA has carefully reviewed this with our legal advisors and discussed it with industry experts,” says a release from the organisation. ” While there are some differing opinions on the effect of the rule, there is general agreement that yesterday’s ruling did not change the status of CBD.”
The HIA says the rule was not a scheduling action, but an administrative one.
“The DEA has previously established separate code numbers for marihuana and for tetrahydrocannabinols, but not for marihuana extract,” states the Agency.
“This code number will allow DEA and DEA-registered entities to track quantities of this material separately from quantities of marihuana. This, in turn, will aid in complying with relevant treaty provisions.”
Further confusing the issue is the fact that cannabidiol is not listed on the federal schedule of controlled substances, but the DEA has apparently previously stated it is a controlled substance. This is an issue the HIA is prepared to challenge the DEA on should it attempt to stop the production, processing or sale of hemp; which is covered under Sec. 7606 of the Farm Bill.
“For now, we want to urge everyone to calm down and continue with your businesses,” said the HIA, which also urged journalists to get their facts straight.
However, not everyone is convinced the action is not a big deal. Robert Hoban, a lawyer specialising in cannabis, cannabinoid and hemp issues, believes it could be – a huge deal in fact.
Mr. Hoban, who is also an adjunct professor of law at The University of Denver, says the Final Rule “serves to potentially devastate developing businesses and consumer, textile and manufacturing industries related to cannabinoids”.
The Hoban Law Group says it is taking action on behalf of its clients.
“We will see the Federal Government in court,” stated Mr. Hoban.
The full text of the Final Rule, “Establishment of a New Drug Code for Marihuana Extract”, can be viewed in full here.