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dea cbd hemp oil

Gordon believes the rule by the DEA will be overturned in court since the Farm Bill legalized all parts of the hemp plant.

“They would have to amend the Controlled Substances Act to include Delta-8 specifically and I can’t see them doing that,” said Gordon. “Number two just like you mentioned we legalized hemp and all the cannabinoids present in hemp so Delta-8 happens to be one of them.”

“So it’s present for a little bit in the plant. But how guys are doing it in California and some guys out here they’re using a CBD concentrate and using that to convert into a Delta-8-THC molecule,” said Gordon.

When Congress passed the 2018 Farm Bill it cleared the way for hemp to be grown across the United States. Hemp comes from the cannabis plant which is mostly known for its ability to produce marijuana which remains illegal. The difference between the two is simple: one gets you high, the other doesn’t. However, some store owners have recently started selling a version of hemp that produces a similar effect as marijuana, effectively blurring the lines. The federal Drug Enforcement Administration has attempted to ban the new product, but that’s not deterred business owners who are now exploiting a legal loophole.

But the attempt to ban the high-inducing CBD has run into headwinds. For one, the DEA is trying to ban it by rule, not by law. And That new rule is being challenged by the Hemp Industries Association. Board member Tim Gordon is the Scientific Officer for a CBD and Hemp company. And he says Delta-8 is in no way synthetic.

“Hence some of those crazy reactions we have read about in regards to using spice and those kinds of things,” Gordons said. “I would highly recommend everybody not to touch that stuff.”

“The definition of marijuana is cannabis that is above .3 Delta-9-THC plus THCA times .877,” said Alex Petrick, a hemp distributor.”Delta-8 on the other hand is not mentioned anywhere regarding marijuana in any situation or context.”

The new drug code is a subset of what has always been included in the CSA definition of marijuana. By creating a new drug code for marijuana extract, the Final Rule divides into more descriptive pieces the materials, compounds, mixtures, and preparations that fall within the CSA definition of marijuana. Both drug code 7360 (marijuana) and new drug code 7350 (marijuana extract) are limited to that which falls within the CSA definition of marijuana.

Note regarding this rule – In light of questions that the Drug Enforcement Administration has received from members of the public following the publication of the Final Rule establishing a new Controlled Substance Code Number (drug code) for marijuana extract, DEA makes the following clarification:

As explained in the Final Rule, the creation of this new drug code was primarily intended to give DEA more precise accounting to assist the agency in carrying out its obligations to provide certain reports required by U.S. treaty obligations. Because the Final Rule did not add any substance to the schedules that was not already controlled, and did not change the schedule of any substance, it was not a scheduling action under 21 U.S.C. §§ 811 and 812.

Clarification of the New Drug Code (7350) for Marijuana Extract

Because recent public inquiries that DEA has received following the publication of the Final Rule suggest there may be some misunderstanding about the source of cannabinoids in the cannabis plant, we also note the following botanical considerations. As the scientific literature indicates, cannabinoids, such as tetrahydrocannabinols (THC), cannabinols (CBN) and cannabidiols (CBD), are found in the parts of the cannabis plant that fall within the CSA definition of marijuana, such as the flowering tops, resin, and leaves. 2 According to the scientific literature, cannabinoids are not found in the parts of the cannabis plant that are excluded from the CSA definition of marijuana, except for trace amounts (typically, only parts per million) 3 that may be found where small quantities of resin adhere to the surface of seeds and mature stalk. 4 Thus, based on the scientific literature, it is not practical to produce extracts that contain more than trace amounts of cannabinoids using only the parts of the cannabis plant that are excluded from the CSA definition of marijuana, such as oil from the seeds. The industrial processes used to clean cannabis seeds and produce seed oil would likely further diminish any trace amounts of cannabinoids that end up in the finished product. However, as indicated above, if a product, such as oil from cannabis seeds, consisted solely of parts of the cannabis plant excluded from the CSA definition of marijuana, such product would not be included in the new drug code (7350) or in the drug code for marijuana (7360), even if it contained trace amounts of cannabinoids. 5