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DEA CBD Oil: DEA’s Position Regarding Legality of CBD Oil

By December 16, 2016Industry News, News

DEA CBD oil,Aloha family and friends!

Some of you may have seen the recent articles from various media outlets claiming that all CBD oil is federally illegal, even if the CBD oil is derived from hemp.


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.
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” (including one or more cannabinoids).

It is our belief and the belief of our legal counsel that 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.

A message from our legal team:

“In summary, under the CSA, the DEA can regulate foodstuffs and related products containing natural THC if it is contained within “marijuana,” and can regulate synthetic THC of any kind.

But they cannot regulate naturally-occurring THC not contained within or derived from marijuana–i.e., non-psychoactive industrial hemp products–because non-psychoactive industrial hemp is not included in Schedule I, as set forth above. This is because statutes must be interpreted strictly and pursuant to their specific terms, and because the DEA has no authority to regulate drugs that are not scheduled.”

So, if you find yourself still asking if hemp-derived CBD is still legal, then our answer is YES! The 2014 US Farm Bill clearly defines industrial hemp as separate from marijuana in section 7606, “Any cannabis sativa L that produces naturally less than .3% THC on a dry weight basis.”

BioCBD Plus™ is here to support you, and we will continue to produce top quality hemp-derived products. We understand the legal system can be confusing, and we are supported by the top legal firm in this industry. We hope this information will be helpful for you to make sense of yesterday’s letter from the DEA.

Many Blessings.

James Sol Radina.

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