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Industrial Hemp Association – The Sky is Not Falling
Friday, December 16, 2016
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 the effect of the rule, there is general agreement that yesterday’s ruling did not change the status of CBD. Here are some important facts to know:
So what does this all mean? We believe the DEA rule on “marihuana extracts” was not directed at hemp derived CBD products and has been in the works for 5 years. We also believe there is no imminent change in DEA policy regarding hemp derived CBD products.
However, we do have some serious concerns about the Final Rule. DEA’s addition of unscheduled substances to the Administration Controlled Substances Code List is problematic. Substances that have not been properly scheduled should not be on the list as this can create confusion in the marketplace and also result in other federal agencies improperly treating legal substances as controlled. We are working with our attorneys on the best course of action and will keep you updated as we move forward.
For now, we want to urge everyone to calm down and continue with your businesses. We also hope that in future, reporters will take the time to get the facts before posting misleading stories about hemp and CBD.