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Hold On! The DEA’s Move Against CBD May Not Be Legal

December 16, 2016
The DEA’s attempt to criminalize the status of cannabidiol (CBD) earlier this week has thrown the cannabis industry into an uproar. Hundreds of thousands of patients around the country rely on non-intoxicating CBD products to manage pain, inflammation, seizures, and other medical conditions. Hemp-derived CBD oil was, and continues to be, sold openly in American markets.

The DEA’s notice in the Federal Register on Wednesday, however, sent that entire industry sector into turmoil. The rule creates “unfair barriers for companies with cannabidiol in their products,” said Mark Malone, executive director of the Cannabis Business Alliance. “Patients will be forced to find cannabidiol from the unregulated black market.” Leah Heise, CEO of Women Grow, said the rule “has the potential to inflict substantial harm to a legitimate industry that has been operating legally worldwide for over a decade.”

The DEA tried this before. In 2001 it tried to ban hempseed oil. And Doc Bronner kicked the agency's butt in court.

Cloaked in the guise of a bureaucratic technicality, DEA Administrator Chuck Rosenberg made an aggressive bid to wrap CBD into the Controlled Substances Act as a federally illegal Schedule I drug. You can read more about the rule’s specifics here.

To recap: The DEA introduced a new drug code for “marihuana extracts.”  In the course of doing so, Rosenberg paused to consider the question of non-intoxicating cannabidiol (CBD). Rosenberg made it clear that the DEA considers all CBD to be illegal simply because it’s derived from a plant of the genus Cannabis.

screen-shot-2016-12-16-at-2-25-23-pm

Over the past 48 hours, attorneys and legal scholars (and entrepreneur/activists like Harborside Health founder Steve DeAngelo, above) have pushed back with force. Many are arguing that the DEA’s move is a clear instance of illegal agency overreach. It’s a move that the same agency tried 15 years ago, in fact. And that attempt was ultimately slapped down by federal courts.

 

Is my CBD oil illegal?

Probably not. It depends on how you define “illegal.” Not to get cute, but when you start parsing the finer points of cannabis law things quickly turn vague and shifty. By publishing a final rule in the Federal Register this week, the DEA has essentially staked out new legal ground around CBD. The agency has formally stated that the DEA believes CBD products to be illegal Schedule I substances.

Is that now the law? Not necessarily. A federal judge might well see things differently than the DEA administrator. In fact, there’s a lot of evidence to think that federal courts could and would invalidate the final rule as it pertains to CBD. We’ll get to that in a minute.

Two safeguards protect patients who currently buy and use CBD products. They remain in effect.

First, you should know that there are two prominent safeguards in place protecting patients who currently purchase and use CBD products.

The first is the Rohrabacher-Farr amendment, which prohibits the Justice Department (of which the DEA is a part) from interfering in any way with state medical marijuana laws and regulatory systems. CBD products fall under the protections of that amendment. This includes so-called CBD-only states, which allow patients to possess cannabidiol oil but not intoxicating THC. So the DEA may consider CBD oil illegal, but the agency can’t enforce that opinion in any of the 28 medical marijuana states (plus the District of Columbia), or any of the 16 CBD-only states.

Related

CBD vs. THC: Why is CBD non-intoxicating?

There are a couple caveats to Rohrabacher-Farr, however. It doesn’t pertain to federal jurisdictions such as National Forests or National Parks. And the amendment must be reauthorized through Congressional spending bills. The latest re-up happened on Dec. 9, but it only runs through April 2017, at which point it would have to be reauthorized again.

The second protection is the 2014 Farm Act, which carved out an excemption to the Controlled Substances Act for states engaging in hemp cultivation pilot projects.

 

The DEA tried this in 2001. And lost.

Cannabis industry veterans who have been in the game a while must have felt a sense of deja vu when they read the DEA’s final rule this week. Because the agency tried the same maneuver more than a decade ago. Back then, cannabis and hemp advocates took the DEA to court—and the DEA lost.

'The DEA cannot create a statute. That can only be done by Congress.'
Robert Hoban, Adjunct Law Professor, University of Denver

“The DEA cannot create a statute,” Robert Hoban told me in an interview earlier this week. Hoban is a Denver-based attorney who specializes in cannabis law. He’s also an adjunct law professor at the University of Denver. “That can only be done by Congress.”

Hoban mentioned legal precedent established by a case involving hemp products more than a decade ago. “Look at the HIA versus DEA case.”

So I did. Here’s how that worked out.

On October 9, 2001, the DEA published what it called an “Interpretive Rule” stating that “any product that contains any amount of THC is a Schedule I controlled substance.” The rule would have banned all hemp and hempseed products, including hempseed oil.

Related

In Photos: These ‘Dragon Balls’ Contain 3,000 Grams of Pure Cannabis Oil

With sneaky bureaucratic maneuvers like this, timing is everything. On October 9, 2001, Americans were still reeling from the shock of the 9/11 attacks. Nobody was paying attention to obscure hemp regulations in the Federal Register.

Nobody, that is, except a handful of hempseed oil companies whose products were effectively outlawed by the rule.

A coalition of those companies, led by Dr. Bronner’s Magic Soaps, challenged the DEA rule in federal court.

If the DEA wanted to schedule hemp, it would have to follow the rules. The agency couldn't do it on its own.

The case took more than two years to find resolution, but ultimately Dr. Bronner’s, et al, defeated the DEA. In two separate rulings in 2003 and 2004, the US 9th Circuit Court concluded that non-intoxicating hemp had not been regulated by Congress under the scheduling system established by the Controlled Substances Act. Therefore, if the DEA wanted to schedule hemp, it would have to follow the established rules for doing so, which meant going through Congress. The DEA’s “Interpretive Rule” was not an interpretation at all, the judges said. It was an act of legislation. And only Congress can pass legislation. “The DEA has no authority” to regulate drugs that are not scheduled by Congress, the court concluded.

 

The new rule is on even shakier ground

Those cases, known collectively as Hemp Industries Association v. DEA, are the reason you can purchase hempseed oil at Whole Foods today. And it may be the hammer with which cannabis industry attorneys can smash the new CBD rule.

In fact, this week’s CBD rule may actually be more difficult for the DEA to defend than its hemp rule 15 years ago.

Related

Can You Overdose or Die From Consuming Cannabis?

At least the 2001 hemp rule directly addressed hemp. DEA Administrator Rosenberg’s attempt to pull CBD into the Controlled Substances Act as a Schedule I drug wasn’t even the point of this week’s rule. Rosenberg outlawed CBD under the guise of answering a question about CBD products that contained no other cannabinoids. But make no mistake: When it comes to Federal Register entries, there isn’t a word or a comma that isn’t vetted five times from Tuesday by a platoon of government lawyers. Rosenberg and the DEA knew exactly what they were doing.

On Thursday, Hoban said that his law firm was in communication with other cannabis attorneys and experts around the country. A singular or joint lawsuit challenging the DEA rule may be coming soon. Their chances against the DEA look promising. Hoban mentioned the earlier Hemp Industries v. DEA cases, as well as the recent challenges to the DEA’s attempt to ban Kratom. “Our team is diligently and expediently working to prepare a recommended strategy in response to the DEA’s Rule,” Hoban said.

So don’t throw out your CBD oil. And stay tuned.

Bruce Barcott's Bio Image

Bruce Barcott

Leafly Senior Editor Bruce Barcott oversees news, investigations, and feature projects. He is a Guggenheim Fellow and author of Weed the People: The Future of Legal Marijuana in America.

View Bruce Barcott's articles

  • Bill Kratzer

    I’ll
    say it again; ” It’s the lobbyists of the Big Pharma, and Big Liquor,’
    that are ‘protecting?’, the SHAREHOLDERS ‘that stand to Loose Big Time
    to the LEGALIZATION of Marijuana . Follow The Money, Campaign
    Donations,Lobbyists paying for Dr’s. kids’, college, or weddings. Bottom
    Line. There is no Longer Any Logic being used against the legalization
    attempts. JUST THUGERISM -AND DENY_DENY_DENY. Got to either OUTLAWYER
    THEM,or hit them in the pocket book, But There is no Cohesive
    Association of the Interested Parties with Access to funds to combat the
    multifaceted attack by the nefarious players seeing the biggest change
    of money flow since Prohibition was Repealed. But I’m just me, here I am
    in south texas, what do I know ? . I know there is a way, I want to
    help.

    • Philip Cammarano

      ty, that says it all. But as one we cannot do shit but together we can talk to the guys coming home! Talk to the dr the waitress the bus driver> Idea is to talk to people let em know your views, maybe recruit some who think like you and in the immortal words of Arlo Guthrie we have a movement!@!!!

    • Stephen Maris

      hit the nail right on the head, with that you did… !

    • kristine08

      Corruption, greed…welcome to America.
      Is there no voice of reason working for any of these agencies, or have they all sold out to the lobbyists?

  • TorontosaurusEx

    Harry Anslinger lives in the spirit of these buffoons and their keystone cop antics. Idiots.
    Another attempt to float their sinking boat.
    Let us all throw an anchor through their boat hull…and end their anguish to hold on.

    Send them images of children beside growing Cannabis plants. Flood them with your
    views and watch as their servers crash… from collective action. State to them what the
    people saying … obsolete bureaucracy will be mothballed and put away- for good.
    Their days are numbered. They already know this.
    Overgrow this government agency. Send a message back.

  • Chad Steven

    DEA IS CORRUPT

  • Why do we ask permission to use non-psychoactive plants for health and wellness? Why do we get on our knees begging for the blessing of ‘government’ to heal the sick? WE MUST REFUSE TO BE MOTIVATED BY FEAR! http://rebellion.life/?p=4868

    • Herb Stankyman

      It’s big drug companies who are losing marketshare to mother nature that push this kind of nonsense and azzholes like Rosenberg who is beholden to them.

    • Mike Osip

      I am a veteran and a cancer survivor. My post cholestemic trauma makes it hard for me to eat and sleep. Not to mention my anxiety and depression from PTSD.

      I am not on disability and I work as a chef. I am a provider for my family. More than 48 hours a week. Ontop of my pain…. Why; (with tears in my eyes) do I hafta feel like a criminal?
      I feel so Ill when I take pain meds and when the doctors prescribed seroquel I almost committed suicide! I feel like the rich people and rich states are allowed to feel good. With the poor people like me are ground into dust. Please let my voice be heard! I need an advocate. I feel like turning against the very government that I am so patriotic for!

  • mf2112

    Everyone should tweet at Trump. “Colorado proves that capitalism works and prohibition failed. Take the tax money instead of paying to jail American Citizens!”

    • windyspirit

      Trump is not your friend with marijuana issues.

      • mf2112

        Of course not, I know. But he might be enticed into it and Twitter is a way we ordinary citizens without piles of money can actually reach him directly.

      • PainBomb

        Actually, there are several YouTube videos in which he quasi-advocates, & as the father of what appears to be an autistic child, he’s much more likely to somewhat legalize. Sessions, on the other hand, could be a problem.

        • hyjyljyj

          Attacking a politician’s 10-year-old child after watching the poor kid trying to stay awake at 3 am on TV.

          More nauseating than that is having to share my country with people slimy enough to think that’s acceptable behavior now. GOD that is low. They need a special down arrow for people like you, lower than whale shit on the bottom of the ocean.

          “Sessions could be a problem.” Problems you got, sister. Plenty.

      • hyjyljyj

        Interesting. He literally has repeated again and again, medical should be legal (“We all agree, right?”) and leave recreational up to the states. (For reasons that should be obvious, he’s had to soften his stance from his even saner 1990s “legalize all drugs to fix the problem” position.) That alone puts him light years ahead of the current guy, who I think everyone expected to end the nonsense by executive action on or about, oh, say, January 21, 2009. But, that would have been massively helpful to the country in profound economic turmoil, so….forget it.

        Trump’s attorney general choice appalled millions of us of course. Even so, Trump will be the boss, and he’s far too pragmatic, populist, and business-friendly to suddenly cave in to the Alabama yard gnome’s reefer madness and squash a multibillion-dollar industry. I won’t believe that until I see it with my own bloodshot eyes.

    • Eddie273273

      The Twit and Sessions will double down on the prohibition of cannabis . Remember the federal government has a patent on these very same canibinoids . Can anyone say RICO ACT ?
      This is a clear violation of the RICO ACT so who is going to bring charges against the DEA and the federal government ?
      What do people do when their government is utterly corrupt ?
      and they can’t trust the polls because they’ve been corrupted by politicians .
      you need to organize , resist , and fight .

    • Stephen Maris

      Seriously, Trump and the whole ultra-conservative right is more likely to send their DEA henchmen to the MJ-Legal states to round up some ‘criminals’. Is the state police going to go against the federal police? Otherwise the DEA will just come raid the place, take the criminals to another state in their fed prisons and let the lawyers try to sort it out. If I were making my living off of ‘state legal’ MJ I would be shaking in my boots in anticipation of Trump’s administration. We can just hope that the Chinese keep him busy enough so he ignores the money being made with MJ.

      • Nerdelbaum Frink

        As long as the budget stays the same, they can’t mess with medical states.

      • hyjyljyj

        Trump. Ultra-conservative. LOL.

    • Endrest

      Normally, I’d say that any progressive law is good. As a Colorado native, however, I have a bittersweet view on Prop 64.

      Don’t get me wrong… I’m all for it, but I personally blame the Federal gov for ruining my once-great state… OF COURSE people are going to want to leave their repressive state (e.g., MO, KS, AZ, FL, do I need to go on?) for one that doesn’t throw you in jail for self-medicating against the near-impossible, daily stress that we all live under…at least the 99% of us.

      For those that recently moved to Colorado, I say, “Enjoy it while it lasts.”

      For the natives (and transplants of 20+ years) that used to love the near-solitude you used to be able to find… my heart goes out to you… I hope you find a place where the wind don’t blow too strange…

      The pollution and litter, the bumper-to-bumper traffic, the cost of living (there is a statewide prohibition on RENT CONTROL!), and increase in crime are all reasons I’m not diggin it anymore. I hate to say it, and maybe I shouldn’t, but maybe it’s time to look for a new place to hang my hat.

      The reason a place is pleasing to live in isn’t always for the ‘amenities,’ like the breathtaking vistas or abundance of year-round sporting/fun that can be had… no. It’s the people. The people are what’s going to make someone want to stay or look elsewhere… I have to say that the ‘character’ of Colorado has changed quite a bit in the past three years, and not for the better, IMO.

      Which is why I implore people to educate their state representatives to take up the mantle of true righteousness… to advocate the benefits of decriminalized (at least, legalized) marijuana. It’s food… it’s fuel… it’s fiber… and so much more… and that’s the real reason ‘they’ made it illegal in the first place!

  • D wise

    More obama crap
    Its ok for him and his daughter but not Americans who pay for his party life style

    Just a little blow there obama we all know your preferences

    • Devon_Nullman

      One of the stupidest comments I have seen recently, congratulations.

    • badboymoviestar

      New medal for “worst human ever” goes to…

    • Eddie273273

      Oh grow up .

  • James

    No surprise that the they are wasting money and time trying to criminalize a non psychoactive drug when there are how many dangerous “designer” drugs pouring in from China. No one has ever accused the DEA of an abundance of competency.

  • immageezure

    These guys (the DEA) are the biggest bunch of self-serving, lifeless, evil, aberrations to be seen on this planet since lucifer and his cronies were cast down from heaven. We know their history, full of lies, deception, extortion, and personal agendas; we see their utter uselessness, total lack of effectiveness and the destruction left in their wake. These guys are idiots and should not be allowed anywhere near legislation or research.

    • Endrest

      Let’s just cut to basics… DEA is part of the Justice Dept… The Justice Department is part of the White House (Administrative Branch)… The Administrative Branch is one of thee branches that are all corrupt, in some way/shape/form, that enriches the pockets of few while suppressing the potential of the majority.

      The US Gov isn’t here to help… maybe they have never been here to help. Certainly, they weren’t really here to be the Nanny State they have become, issuing more-and-more rules for individuals, yet, basically, giving immunity to corporations to exploit people and the environment in any way the Board of Directors feels necessary to achieve profit.

      Let’s face it… the ‘experiment’ called The Middle Class has ended… economic upward-mobility is, and will continue, to be limited to fewer and fewer.

      I feel like I’m living in a dystopian depression-era, currently. There’s excess, everywhere, yet most people can’t access the parts that count… like good education and high-quality food/water.

      • Karma911

        You write many truths here. And it is sad to read them. But true.

    • Agreed

  • Mitzi Linton

    Can you spell “RICO”?

  • Aguruguru

    Written by a druggie I’m sure.

    • Bri

      Proof or it’s a personal attack.

    • badboymoviestar

      It may or may not be.
      But your comment is, without doubt, written with no thought, substance, care, or insight.
      That much is fact.

    • Main Element

      Found the DEA shill. You guys must really be desperate if you’ve resorted to trolling news articles.

    • calvet11

      Seems no one here agrees with you. I wonder how much you thought this out; calling someone a druggie because you don’t share their view, is to say the least, infantile, the most just plain dumb. The article mentioned was a well done piece by a person educated in the subject, while you ( education ?) pu-pued it. Maybe a vodka shot before you wrote this was not the best idea.

      • KartofflMuter

        The next standard assault by the great unwashed is to say the we are all part of an LGBTQ conspiracy. Sorry D unwise. I am female, married for 42 years, smoke and vape daily for pain because my doctors are to scared to prescribe opiates for people who need them.My California Dr. gave me Norco-1500mg x4 daily. I can’t stand longer than 3 minutes. Yes-I will be a statistic soon. One of those “overdoses.” We lost our house-thanks Goldman Sachs. We lost everything.We only have SS.My husband can’t find a job with 3 Ms degrees. Without pain relief, after 30 years and Little Hitler leading-I am out.

  • HempBizJournal

    Hi Bruce,

    Certainly do not throw out your CBD oil. 100% legal.

    Nice article. Good to see you spoke to Bob as he we consider him the top legal expert on these topics. While your article is good, you simply brushed of the 2014 Farm Bill and focused on DEA vs HIA. I get you wanted to show the legal precedence with HIA vs DEA, but the Farm Bill is really what is driving the hemp industry in 2016. Hemp grown under the Farm Bill Amendment is legal if it’s part of a Department of Agriculture pilot project through an institution of higher learning or department of ag.

    The better lawsuit to reference is when Kentucky sued the DEA in 2014 over importing hemp seeds and the DEA quickly backed down because they knew they were had under the Farm Bill. (http://www.naturalproductsinsider.com/news/2014/08/dea-backs-down-in-hemp-litigation-with-kentucky-a.aspx)

    These misunderstandings and misconceptions about CBD are why we spent 9 months researching and analyzing the CBD industry. We published our findings in the CBD Report.

    http://www.hempbizjournal.com/store/p22/thecbdreport

    Hempfully,
    Sean Murphy
    Founder and Publisher
    Hemp Business Journal

    • Nerdelbaum Frink

      It’s not legal. It’s a grey area. The Congressional Budget forbids spending money enforcing federal law against CBD. It has always been considered schedule 1 by the DEA.

      • neroden

        DEA seems to make up its own “law” as it goes along and routinely ignores the actual law. It’s not very common for Congress to pass an amendment prohibiting a federal agency from spending money to do something, and it usually means the agency has been operating outside the bounds of the law.

  • John Dagne

    They call the guy Caesar for gosh sakes. we remember Caesar for his crimes. What American thought it was a good idea to use “CZAR” as a title in America.

  • Melto

    I will save my remarks for after .

    One story on google says that U.S. Drug overdoses jumped 33 % in 2015.
    Next Line down says Hold On ! DEA’s move against CBD may be illegal.

    What IS Wrong with this picture and how to fix it would be appreciated ,Really.

    • windyspirit

      Drug overdoses killing people are opioids not CBDs

      • neroden

        Prescription opiate addiction is typically due to patients who don’t know how to take them and even more, doctors who don’t know how to prescribe them.

        Opiates and opiods are great drugs, lifesavers for severe chronic pain of the sort which doesn’t respond to cannabinoids. Patients who stick to the rule of not taking enough to get high simply don’t get addicted, ever. But they’re powerful; you have to use them *carefully*. The good opiates are mostly very slow-acting, not even starting to work for an hour after you take it.

        But sloppy doctors don’t tell their patients that. So the patients take the drug, and then when it hasn’t done anything in 10 minutes they take more, and so on, making it very easy to take too much and end up getting high.

        Most doctors are not very competent.

        DEA sure isn’t any help.

  • urbanegorilla

    Instead of focusing on the real issue…Opioid deaths from illegal and legal drugs, they play with pot. Seems like they weren’t properly potty trained as infants and never matured beyond that point. How stupid. ‘Drug overdose deaths and opioid-involved deaths continue to increase in the United States. The majority of drug overdose deaths (more than six out of ten) involve an opioid. Since 1999, the number of overdose deaths involving opioids (including prescription opioids and heroin) quadrupled.’

    • windyspirit

      What is the DEAd Department doing about fentanyl

      • Laura P. Schulman

        They’re applauding the fentanyl manufacturer Insys, which donated big bucks to stop Arizona’s Adult Use ballot from passing this year (but not NEXT YEAR!!!!)

        • Karma911

          Maybe… Government is realizing there is just too many of us, and there is a need to reduce the population. This would be an effective way of getting rid of what they would think of as “undesirables”. Remember: “Good people do not smoke marijuana” (Senator Sessions.)

    • neroden

      Opiates are lifesaving drugs too. Don’t fall for the next prohibitionist scare tactic….

      • urbanegorilla

        I don’t smoke. My main point was the DEA and FDA still doing all they can to prevent use of a basically harmless drug. The total number of pot deaths in the last 10 years? A big 0!. And, yes, Opioids are a necessary tool in a clinician’s toolbox. I am aware of the need for these drugs. But I also understand that they are over prescribed and deaths from legal opioids have skyrocketed in the last few years along with prescription rates: http://www.addictions.com/wp-content/uploads/opiate-use-statistics.jpg ** My point, once again is focus on the real problem, not imaginary problems.

  • Kerry C Conner

    DEA = DRUG ENFORCEMENT AGENCY ** NOT DLA= DRUG LEGISLATIVE AGENCY

  • dpaul

    The DEA is obviously above the law which most prohibitionists applaud and support willingly.

  • Anna H. (Anima Mundi)

    I don’t use “marihuana” (?!) in any form, medically or recreationally, because of an intolerance. But as a retired massage therapist, I have had chronic pain and cancer clients who have benefited greatly in multiple ways from cannabis: pain relief, anxiety relief, better sleep, better appetite, more energy. I wish it had not been illegal 50 years ago when my active, outdoorsman grandfather was paralyzed from Parkinson’s disease. The attitude of the DEA toward cannabis could not be stupider nor more blatantly corrupt. This agency needs to abolished and all those officials turned out to the unemployment line. One of the most shameful government overreaches I’ve seen in my life.

    • hyjyljyj

      Hi Anna,

      The spelling “marihuana” is the original spelling of the Mexican slang word. The federal agents who needed something else to oppress once Prohibition 1.0 was lifted chose marihuana because it could be used to marginalize and punish both blacks AND Mexicans. But they didn’t feel the word looked scary (foreign) enough. So they substituted a J to make it look more Spanish-y and threatening. Still just a Mexican slang word for cannabis, the common and scientific name.

      Funny how regulations pertaining to liquor and alcohol don’t refer to hooch, suds, or booze….

  • Karma911

    Why is the DEA spending our money in wild chases? Don’t they have an opioid epidemic to control?!?!

    • Laura P. Schulman

      Good question. Sad answer: because Big Pharma has its own very high-tech and expensive “answers” to Big Pain. Hemp products like CBD, cheap, healthful, natural, low-tech, are a direct threat to BIG PAIN/PHARMA. So out it must go!

      But we are Healthy Hunzas, said good old Dr. Bronner. We can fight this. The American Dream cannot be allowed to die!

    • Eddie273273

      Do you mean the opioid epidemic they started ?

      • Karma911

        Exactly!
        DEA is in the business of banning what is not acceptable to big Pharmaceutical corporations. Let’s not forget the Kratom ordeal.

        • Nerdelbaum Frink

          Heroin, quaaludes and MDMA would all be beneficial to pharm companies, so I’m not sure it’s that.

  • John Klett

    It is time disband the DEA, a complete waste of money, a failure on a grand scale, a hovel of dedicated dinosaurs hell bent on criminalizing what has become just another recreational past time. That includes all drugs!

  • John

    How can the DEA schedule cannabis in any form as a schedule 1 which by definition has NO medical benefits? The US Government has had a patent on cannabinoids including the non psychoactive cannabidiol (CBD) since 2003 for its medical benefits!! Patent 6630507

    • lovingc

      Lies are a tool to the DEA.

    • The Spliff Potcast

      loopholes, it was schedule 1 before 2003, and if it’s single compound, which they allowed for in the restriction of the extracts (so a CBD version of Marinol would be legal) then it isnt’ considered “marihuana” it’s considered it’s only single compound.

      Logicalese nonsense

  • bluecollarman13

    The DEA is nothing more than a bully with a small pecker complex.Because of their complete failure at controlling the meth and heroin epidemics they feel the need to beat up on the little guy.Once again we are left to deal with an ineffective ,out of control,goverment agency that has taken the easy way out of doing the job we the taxpayers are funding them to do.

  • Laura P. Schulman

    Why aren’t people out in the streets protesting this outrageous power grab? The will of the people MUST count for SOMETHING.

    • lovingc

      The courts speak in such a way the DEA can’t ignore.

    • Eddie273273

      Not in today’s Amerikkka sadly .
      Things are going to get worse under the Twit .

    • Nerdelbaum Frink

      Because they’ve always considered it schedule 1, and what’s preventing them from enforcing it is the Congressional Budget.

  • GBAUTO

    How many examples do the American people need to realize that this bloated, self serving farce of enforcement needs to be disbanded. I hope that it can happen soon.

  • PainBomb

    Not worried, the losers will lose again. 77.7% & 43.5% CBD, clean CO2 extraction, Non-GMO Project Verified & organic. And PainBomb+CBD is Money-back guaranteed for all pain types.
    http://www.paincbd.com

  • lovingc

    The DEA and Rosenberg are by definition terrorists. The DEA should be dissolved and all employees investigated for corruption!

  • meanymouse

    I’m confused. THC is a schedule-1 drug, but we can still purchase it at collectives (if you have a doctors rec or live in a recreational state). So this new rule doesn’t really affect CBD sold at collectives, right? It’s just affecting CBD/hemp oil sold in health food types of stores, correct?? I’m really confused by this. Also: fuck the DEA. :/

  • cluckhut

    I smell big pharma & its lackeys ! The corruption in DC is never ending & it is sad in this day & age that we the people must still constantly battle ridicules decisions made by these corrupt bureaucrats ! Just follow the money folks .

  • oplease

    While people are literally dying in the streets from legal drugs. Such an amoral waste of time and money.

  • Mike Savage

    The largest selection of CBD is http://www.cbdstore.co/ They have free shipping if you use FREESHIP as a discount code

  • Mary A Ballerin
  • kristine08

    Its all about greed. If they are not profiting then “shut it down”? That should mean that ALL NSAIDS (anti inflammatory) should be added to this schedule 1 list. Talk about hypocrites.

  • Kevin Thibeault

    I started a petition to block the cbd rules could you sign and promote it please?
    https://www.change.org/p/barack-obama-block-the-dea-new-12-14-ruling-on-cbd-cannabidiol

  • Reay Lendon

    If you just looking oil with thc wrote to me-i can help you. : pogotowiekonopne@gmail.com

  • Nerdelbaum Frink

    Was any research done on this at all? The DEA has always considered it schedule 1. They’ve openly stated that on their site for many years now based on the language in the Controlled Substance Act that defines ‘marihuana’. The Congressional Budget is what currently restricts enforcement of the DEA’s position on CBD. They can not spend money enforcing federal law on CBD.

    • hyjyljyj

      It’s just not “cut and dried” 🙂 like that. DEA has issued another opinion that allows CBD, if and only if sourced from the stalks and seeds (not the flowers and leaves, where it is actually found) of hemp plants grown outside the US, if and only if it contains 0.3% or less THC.

  • ruth ainsley

    Follow the money. Betting this ruling is prompted by big Pharma. We use CBD instead of drugs from big pharma and that is money they don’t get. There are no side effects which makes us even more suspicious of big pharma’s offerings. The effectiveness of CBD makes big pharma look bad. We must fight this as hard as we fight the exorbitant prices big pharma inflicts on US customers.

  • Smokey’s Hawaii

    By this rationale, hemp milk is also a “cannabis extract”. Someone warn Pacific Foods.

  • Ed

    Their rules mean nothing to me. I do what is best for me – not what is best for bureaucratic assholes.

  • Herb Stankyman

    The DEA is the new incubator for pharma execs just like the CDC has been for years. This is a 100% big pharma ploy. Now, big pharma is indulging with the Justice Dept. and we get this nightmare. Where’s Obama on this? Oh, he’s golfing.

  • BenSamizdat

    Technically the DOJ works for the White House, which means the DEA works for the White House. So the question here is, why doesn’t Obama fire this clown IMMEDIATELY and fix this? Answer: because he never was “The Change” he advertised. He is just another corrupt politician on the dole and the lives of the sick and dying mean very little to him.

  • Flipper Tweenie

    Fuck the DEA for protecting the profits of pharmaceutical shitheads! Make alcohol illegal and stop dicking with our plants you assholes!

  • Flipper Tweenie

    Somebody burn these DEA freaks at the stake. Somebody hang them all in public. Sick of this crap.

  • Kevin Griesmar
  • James Lowrance

    We have the right to our own opinions and express them.
    So does everyone else here no matter HOW different it is. I am a unrepentant lifelong POTHEAD ! I have Medical conditions whose effects have been significantly reduced by its usage. The quality of life for me has been so much better when using it than without. I will stand up against the prohibitionists who would pigeonhole and label me. DEA, I DO NOT FEAR YOU !!!

  • Tracy L. K.

    Pharmaceutical companies are trying their hardest to get rid of cannibis, hemp, cbd oils & kratom. I hope Trump does something with these clowns who obviously disregards all the empirical evidence of the benefits of all the above! Our cat depends on cbd oil for his seizures! He was having seizures every single day. Horrific & brutal to watch..can’t even imagine the thousands of parents that go thru this w/ their children. It’s bad enough watching our cat! My son told me about cbd oils & had me watch documentaries about it & the one about Charlottes Web that was made especially for a little girl w/ severe seizures. Really opened my eyes. I’m 50yrs.old..my 21yr.old son taught me the facts in one day..Why can’t the DEA learn the same thing? Because big pharmaceutical companies gives them millions..lobbyist. I ordered cbd oil from California. Ever since we’ve been giving our cat this medicine, every Sunday & Wednesday, he has been seizure free! I could not believe it! We were so happy! These people are just plain evil in my opinion. Disgraceful! When our government stops listening to the American people..who pay their salary..they are no longer our government..just a bunch of bullying greedy thugs!

  • Holt Webb

    All the articles condemning the DEA, the Feds and state governments for their mistreatment of cannabis are great (and there are literally thousands of them), but where are the articles that discuss HOW to change these absurd laws and ignorant perceptions? Complaining and shedding light on wrongdoings is the first step. But we are far overdue for the next step… Solutions.

    We know what the problems are. If we can now focus on solutions, we can correct these problems much more quickly.

    • neroden

      Elections. Have to elect people who recognize that the DEA is corrupt, out-of-control, and totally dishonest.

  • neroden

    Sue Chuck Rosenberg in his personal capacity for acting outside the authority of his office under color of law. Make him pay costs PERSONALLY for issuing a rule which the DEA has no authority to issue where he knows it has no authority to issue the rule.

    Yes, this is how the law is supposed to work. The good guys haven’t been vindictive enough. Once a few of these corrupt administrators pay personally…

  • Christy Neville

    So what’s up?!!