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Cannabis industry hails DEA's clarification on CBD

6/14/2018
The Drug Enforcement Administration has further clarified its stance on the legality of cannabidiol and confirmed that some CBD products are legal to distribute freely throughout the United States and do not fall under the regulations of the Controlled Substances Act, a move that has drawn praise from CBD retailers.

According to a statement recently posted on the DEA web site: “Products and materials that are made from the cannabis plant and which fall outside the CSA definition of marijuana (such as sterilized seeds, oil or cake made from the seeds, and mature stalks) are not controlled under the CSA. Such products may accordingly be sold and otherwise distributed throughout the United States without restriction under the CSA or its implementing regulations. The mere presence of cannabinoids is not itself dispositive as to whether a substance is within the scope of the CSA; the dispositive question is whether the substance falls within the CSA definition of marijuana.”

The DEA also stated, “Any product that the U.S. Customs and Border Protection determines to be made from the cannabis plant but which falls outside the CSA definition of marijuana may be imported into the United States without restriction under the Controlled Substances Import and Export Act. The same considerations apply to exports of such products from the United States, provided further that it is lawful to import such products under the laws of the country of destination.”

The clarification marks a victory for CBD retailers, as it makes clear the difference between CBD and the psychoactive compound, THC — a distinction that CBD retailers have been fighting to bring to light.

“This is incredible news and confirmation for the millions of CBD users nationwide who have now gained yet another layer of legitimacy to their usage of cannabidiol,” said CBD retailer CBDfx.

Also commenting on the news, Stuart Titus, CEO of Medical Marijuana, a publicly traded cannabis company, said, “This is great news for the cannabis industry, especially for those who are complying with the decision made by the Ninth Circuit Court of Appeals. We urge Congress to pass the 2018 Farm Bill, which would permanently remove hemp and hemp products from the purview of the Controlled Substances Act."

 
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