The United States Drug Enforcement Administration (DEA) has once again gone beyond their authority and included any cannabinoids from Cannabis Extracts as a Schedule 1 Substance.
The DEA’s new amendment now includes the definition for Marijuana Extract as “an extract containing one or more cannabinoids that has been derived from any plant of the genus Cannabis, other than the separated resin (whether crude or purified) obtained from the plant.”
This means that even if a cannabinoid extracted from the cannabis plant has no psychoactive properties, it is still federally illegal.
The most alarming inclusion is that of Cannabidiol (CBD), a cannabinoid with high medical value used for Epilepsy, Inflammation, Cancer, Anxiety, and other ailments. People outside of medical marijuana states could previously obtain CBD from hemp but this new amendment prevents that because it is under the genus Cannabis. The DEA solidified any question of this extraction method by stating, “if it were possible to produce from the cannabis plant an extract that contained only CBD and no other cannabinoids, such an extract would fall within the new drug code”
There is still hope, as many question the legality of what they are doing saying that it is beyond the DEA’s authority. Robert Hoban, a cannabis attorney and professor of law at the University of Denver, told Leafly, “The DEA can only carry out the law, they cannot create it. Here they’re purporting to create an entirely new category called ‘marijuana extracts,’ and by doing so wrest control over all cannabinoids. They want to call all cannabinoids illegal. But they don’t have the authority to do that.”
An amendment like this is highly likely to develop into something much bigger over the coming weeks. We will continue providing information as the situation develops.
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