Published on: 01/8/18
A hemp industry professional says it’s impossible for CBD oil to be illegal no matter what noises some legislators are making to the contrary. John Ryan gives a fresh take on the DEA’s recent entry into the Federal Register concerning cannabis extracts.
Industry professional assures the public CBD oil is legal. DEA new drug code for marihuana extract can’t change that
Currently, CBD oil is legal across all 50 states of the US, says Ryan. Mint Press news reports on his “Don’t panic!” message, and the reason why Ryan is adamant that CBD oil is legal.
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Agricultural hemp, the cannabis variety from which CBD oil is extracted, is legally grown across the US in many states. Ryan’s company has hundreds of acres of hemp growing in Kentucky and Tennessee. He says CBD is not going to disappear in the wink of an eye. He wants people to understand there are federal laws that can’t just be bypassed by the DEA. If they do, they can expect legal retribution from the industry.
Ryan is concerned about the move by the DEA but says it will struggle to declare hemp illegal under current law because Congress has put multiple protections in place. The Farm Bill of 2014 legalized hemp as a crop for a five-year period as a pilot program. Also, the 2015 and 2016 Congressional Appropriations Act bans the DEA from prosecuting any products produced by these pilot programs.
Controlled Substances Act and the Farm Bill
The Hoban Law Firm in Denver already promised retaliation should the DEA consider banning CBD. Robert Hoban told Fox 31 Denver that the DEA needs to read the Controlled Substances Act and the farm bill carefully and realize the practical implications of their actions on commerce and patient’s wellbeing across the USA. “That’s not weight they should throw around so lightly,” he said.
In the meantime, the DEA argues they have the right to regulate CBD oil because most extracts contain traces of THC, the active compound found in cannabis, which is illegal under federal law.
Tests to be done
Many vials containing medical marijuana extract stand ready for testing, and the labs will probably be inundated with samples from producers who want to prove that their CBD oil is legal because it contains less than 0.3% THC.
Lately it seems the DEA is targeting over-the-counter herbal remedies, but the kratom ban didn’t end in favor of the agency. There was a public outcry from those who use the substance for chronic pain and coping with withdrawal symptoms from opioid addiction. Ryan argues that the same sort of thing would happen if CBD oil were to be targeted.
CBD oil legal for now
There’s just one cloud on the horizon that Ryan doesn’t mention. What will happen when the pilot program ends in 2019?
Then again, what real reason could the DEA have to want CBD oil declared illegal? But the DEA has made some seemingly illogical decisions before. Fortunately, the public and the hemp industry is watching. As a reader comments, whatever the DEA tells the public, they will not believe it. Isn’t that a sad state of affairs?
Disclaimer: Views expressed here do not necessarily reflect those of Endoca and its staff. This article is not intended to provide medical advice, diagnosis, treatment or cure. Endoca CBD products have not been approved by the US Food and Drug Administration (FDA).