Friday, May 04, 2018 1:07:07 PM
https://www.leafly.com/news/politics/court-rejects-challenge-to-dea-rule-leaving-cbd-federally-illegal
In a decision likely only to add to the legal confusion around cannabidiol (CBD) in the United States, a federal appellate court in California has rejected an industry challenge to a DEA rule that effectively outlawed the cannabinoid.
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Under federal law, “hemp” is defined as Cannabis sativa plants with less than 0.3% THC. Anything with more THC is “marijuana.” As such, CBD oil from hemp was commonly thought to fall outside Schedule I.
But the 2016 DEA rule defined a [b]cannabis extract as “containing one or more cannabinoids that has been derived from any plant of the genus Cannabis” and reiterated that any such substance “will continue to be treated as Schedule I.” Bad news for hemp-derived CBD.
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On Monday, however, a 9th US Circuit Court of Appeals panel rejected the industry’s petition for review. So for now, the DEA rule remains in place.
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In other words, two things are true under the 9th Circuit ruling: First, those permitted under the farm bill to grow and cultivate industrial hemp in the US may legally do so. But second, any “extract containing one or more cannabinoids that has been derived from any plant of the genus Cannabis”—which includes industrial hemp—is now considered a Schedule I controlled substance.
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