Clarification of the DEA’s ruling on Cannabinoids and Extracts
The debate about the recent the DEA Bulletin‘s inclusion of cannabinoids in the definition of the CSA continues. Here’s how (or whether) this ruling will impact both the marijuana industry and the hemp industry.
Summary: What you need to know
There will be no impact to importers or producers of hemp or hemp-derived products, which are not subject to CSA scheduling, per Federal law and subsequent court interpretations and decisions about the law.
The DEA’s attempt to define and include other cannabinoids in the CSA is an enforcement decision, not driven by changes to the Federal law (i.e., the Controlled Substance Act). It remains to be seen whether the DEA has overstepped its role interpreting the law, or whether the ruling will stand up to challenge in Federal court.
Part of the bulletin outlined a new category/code for marijuana extracts, which stated: “Entities registered to handle marihuana (under drug code 7360) that also handle marihuana extracts, will need to apply to modify their registrations to add the new drug code 7350 to their existing DEA registrations and procure quotas specifically for drug code 7350 each year. The deadline for this is January 13, 2017.” This means that anyone holding a license/registration with the DEA will need to update their registrations. This change will impact institutions and researchers who registered with the DEA to conduct medical studies on marijuana.
This does not impact state-licensed companies in the business of marijuana (extraction or otherwise). These continue to remain Federally illegal in the eyes of the DEA (no change there).
Here is a full legal statement provided by the Hoban Law Group in regards to the impact of this ruling on the hemp, and hemp-processing industry. Please use the “share” button at the bottom of this article to help clarify the confusion and uncertainty in the industry.
DÉJÀ VU? IS THE DEA UNLAWFULLY ATTEMPTING TO OUTLAW ALL CANNABINOIDS…AGAIN?