When the news hit the fans today concerning the DEA’s “new rule” on the sale of CBD remedies and other products everybody jumped up and said “WHAT?”, or at least I did!
I had been so wrapped up in the Kratom issue lately I hadn’t even been thinking about CBD’s. Low and behold, I thought, while I was looking over ‘here’, ‘they’ were conjuring up a
new “rule” over ‘there’. Something else to be able to use to fill up the Courts, Jails, even Prisons with. It just never ends. Every time that we as a people come upon anything that may be
legal at the time, that actually may be worth using, and could possibly benefit us in one way or another, ‘They’ come along and snatch it right out from under us.
That is what Agenda 21 (Agenda 2030) is all about! Control of the masses through regulation of food and medicines, (among other things).
THIS is unacceptable! This must stop! We cannot allow the Government, whether it be State, Federal or U.N., to be able to have this kind of control over our food and other natural plants!
Before the pharmaceutical conglomerates ever existed it was the herb gardens which provided the medicine to the households. This is referenced throughout history.
After reading updates and trading information with others who are watching these issues closely as well, it seems like the DEA is just trying to stand up and make some noise so as to get everyone a little worried.
I am copy/pasting a letter here that was forwarded to me from a colleague which states that legally they cannot prosecute for CBD oil as long as it is below .3% THC.
This having been said, the DEA memo states the following:
The memo states: it serves to clarify and reinforce the DEA’s position on all cannabis extracts, including CBD oil. That position is: They are all federally illegal Schedule I substances. “Extracts of marihuana will continue to be treated as Schedule I controlled substances,” the notice says. CBD oil derived from hemp is now commonly available nationwide via web sites and mail order services. Those operations survive on the assumption that cannabidiol products below the legal threshold for THC percentage in hemp (0.3 percent or less) are technically legal. Not so, says the DEA.
“For practical purposes, all extracts that contain CBD will also contain at least small amounts of other cannabinoids. However, 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” and therefore remain federally illegal. In other words: The DEA is confident that it can find enough traces of other cannabinoids in your CBD oil to arrest and prosecute. And if they can’t, they still have the option of arresting and prosecuting based on the CBD oil itself.
Now the question becomes this, will the DEA use this “rule” to stage raids and arrests for marketing CBD products? Knowing that according to the information I have here from the Folium Legal Counsel anything under the .3% threshold cannot be prosecuted, they can still use it to fill up the Courts and jails and maybe even some Prisons while collecting Fines and Court Costs as well, because not everyone will be able to afford to go to Court and fight the charges, much like Marijuana is now.
So how do we go forward with this information and what do we do to change it? Start by calling the White House and complaining! Obviously the current Government as it stands now has lost all touch with its people. It is not because they are stupid, ignorant, or ill-informed. It is because they know exactly what they are doing, and they DO have a plan.
It is time that the people make their own plan. To take back our Country.
Remember the United States of America, the Land of the Free and Home of the Brave?
I want it back now.
A MESSAGE FROM FOLIUM LEGAL COUNSEL REGARDING THE DEA’s MEMO:
On December 14, 2016, the United States Drug Enforcement Administration published a final rule regarding the “Establishment of a New Drug Code for Marijuana Extract.” ( https://www.federalregister.gov/documents/2016/12/14/2016-29941/establishment-of-a-new-drug-code-for-marihuana-extract)
This new rule does not create any new substantive regulation or law regarding the legal status of marijuana or marijuana extract. Instead, it creates a new tracking code number for “Marihuana Extracts” (which include cannabinoids).
Previously, Marijuana Extracts were classified under the code number for “Marihuana. Under the new rule, extracts are now classified separately. The DEA uses these codes to track quantities of controlled substances imported to and exported from the United States. This new rule affects only DEA-registered entities who previously were required to track such materials. As the document states, “[t]he only direct effect to registrants who handle marihuana extracts will be the requirement to add the new drug code to their registrations.” The rule goes into effect on January 13, 2017.
Regarding the legal status of CBD derived from industrial hemp: The 2014 US Farm Bill was an act of congress signed by the president and that is the highest law of the land. The DEA cannot make law and try to redefine a law passed by the US Congress which defined industrial hemp in section 7606 as “Any cannabis sativa L that produces naturally less than .3% THC on a dry weight basis.”
Furthermore, the DEA is not allowed to interfere with a legal state licensed cannabis business – there is very recent case law that set precedent for this in the 9th circuit. See here: http://www.reuters.com/article/us-usa-ruling-marijuana-idUSKCN10R1YN
Lastly, the DEA was purposely de-funded by the US Congress last year (and is poised to do the same for this year:
(http://archives.sfweekly.com/thesnitch/2015/12/16/congress-set-to-ban-feds-from-enforcing-cannabis-laws-again) from pursuing any enforcement of their archaic interpretation of the Controlled Substances Act (CSA) in legal states.
We hope this information helps you and your customers filter through the mis-information and fear mongering that usually runs rampant anytime a government memo affecting cannabis is circulated. If you have any further questions feel free to contact us directly, but it’s business as usual over here!
If you are licensed to work with marijuana extracts, you have 30 days from today to update your paperwork. Also, Cannabidiol (CBD) extracts are now Schedule I substances and can’t cross state lines.
A new rule published by the DEA today led many in the cannabis industry to assume the worst – that the agency had decided to crack down on hemp-derived CBD. Take a deep breath. This is likely not the case.
The US Drug Enforcement Administration (DEA) made CBD oil a little more federally illegal in a little-noticed bureaucratic maneuver this morning.