DEC 19, 2016 @ 10:57 AM
Debra Borchardt ,
I write about retail and cannabis.
The battle lines are heating up between the marijuana Marketplace and the Drug Enforcement Agency.
Last Wednesday, the DEA slipped an update in the Federal Register that established a new drug code for marijuana extracts. The move panicked the industry, which is already nervous with the new administration coming in. Millions are at stake for several publicly traded companies that have invested years in marketing products based on the extract called cannabidiol, or CBD.
The DEA seemed to believe it was much ado about nothing and was merely a move meant...
The Sky is NOT Falling
Yesterday the Drug Enforcement Administration (DEA) issued a Final Rule on the coding of marijuana extracts. Unfortunately some misleading media stories and social media postings lead quite a few people to panic at reports that CBD was being banned under this new rule.
The Sky is NOT Falling. The Final Rule published by DEA did not change the legal status of CBD. This can only be done by a scheduling action which has NOT occurred.
HIA has carefully reviewed this with our legal advisors and discussed it with industry experts. While there are some differing opinions on...
1 December 14, 2016
DÉJÀ VU? IS THE DEA UNLAWFULLY ATTEMPTING TO OUTLAW ALL CANNABINOIDS…AGAIN?
I. INTRODUCTION The Drug Enforcement Administration (DEA) has, yet again, demonstrated its lawless recalcitrance for the prevailing law. A new Rule published in the Federal Register, and currently set to become effective on January 13, 2017, seeks to control all naturally occurring cannabinoids from the Cannabis sativa L plant. The DEA attempted something very similar in 2003, and the Ninth Circuit Court of Appeals rejected its efforts as unlawful and beyond the scope of the DEA’s delegated Congressional authorization. But, here we go again. Within the...
Blue Moon Hemp – DEA Ruling - Further Legal Clarification
December 16, 2016
Today, many of you have forwarded us stories that are sweeping our industry regarding the DEA reclassifying CBD as a Schedule I Drug. To follow is our response to those stories, and the DEA’s actions:
Fundamentally, CBD derived from hemp is not specifically defined under the Federal Controlled Substances Act (the “CSA”) which can be found under 21 U.S.C. 812. Therefore it is not a Schedule I Substance under the United States Code. (U.S.C.)
When Congress passes a law, it is recorded in a set of books known as The United States Code,...
Blue Moon Hemp – DEA Ruling is Good News
By Christopher D. Cowart
December 15, 2016
Fort Lauderdale, FL – The announcement in the Federal Register yesterday by the DEA addressing the change in assigning a code to extracts from Cannabis is welcome news. Although some have misinterpreted this as a negative development, it is instead a necessary and valid next step in the development and commercialization of Cannabis extracts by the buying public. This is a classification issue and not an enforcement issue.
There are several direct benefits from the new coding:
As stated, the primary driver is the import / export...