good analysis
regarding:
"3) The MJ market is primed to explode this summer and there's a potential with midterm elections to turn the table and get legislation to deschedule marijuana and its derivatives."
hemp cbd is a completely different legal framework than marijuana or marijuana derivatives.
hemp and hemp cbd through with some creative legal interpretations is already descheduled.
2014 Farm Bill:
The section from the Farm Bill used to justify is 7606(b)(1) -> Section 7606 authorizes "agricultural pilot programs" which "study the growth, cultivation, or marketing of industrial hemp."
From The Omnibus Appropriations Act of 2016:
“None of the funds made available by this act or any other act may be used… to prohibit the transportation, processing, sale or use of industrial hemp that is grown or cultivated in accordance with section 7606 of the Agricultural Act of 2014, within or outside the State in which the industrial hemp is grown or cultivated.”
From the Consolidated Appropriations Act of 2017:
TITLE V—GENERAL PROVISIONS. SEC. 538. None of the funds made available by this Act may be used in contravention of section 7606 (“Legitimacy of Industrial Hemp Research”) of the Agricultural Act of 2014 (Public Law 113–79) by the Department of Justice or the Drug Enforcement Administration.
TITLE VII. GENERAL PROVISIONS. SEC. 773. None of the funds made available by this Act or any other Act may be used— (1) in contravention of section 7606 of the Agricultural Act of 2014 (7 U.S.C. 5940); or (2) to prohibit the transportation, processing, sale, or use of industrial hemp that is grown or cultivated in accordance with section 7606 of the Agricultural Act of 2014, within or outside the State in which the industrial hemp is grown or cultivated.
From the CSA:
“Marijuana” means all parts of the plants of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin, including tetrahydrocannabinols. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake or the sterilized seed of the plant which is incapable of germination.
(NOTICE “IT DOES NOT INCLUDE…”)(I furthermore contend with the persuasion of the 9th circuit that the intention of the exception to the exemption (resin from exempted parts) is that a resin could not be pulled from non-psychoactive hemp that would increase THC levels above their natural percentage in non-psychoactive hemp).
2004 9th Circuit HIA vs DEA
“non-psychoactive hemp is not banned under Schedule I [of the Controlled Substances Act.]…” and “But they cannot regulate naturally-occurring THC not contained within or derived from marijuana-i.e., non-psychoactive hemp products-because non-psychoactive hemp is not included in Schedule I. The DEA has no authority to regulate drugs that are not scheduled, and it has not followed procedures required to schedule a substance.”
Then you have HR3530 which would cement hemp and hemp extracts are fully and without a doubt de-scheduled and that is predicted by many to have a very good chance of passage before the midterms.
