Would you believe CBD oil (cannabidiol) is classified as a Schedule 1 substance? No, no-one would. However, obviously the DEA does, or they wouldn’t have recently classified CBD oil as such. Now CBD oil users and producers are wondering what the results of this DEA move will be.
Can CBD oil really be classified as Schedule 1, a dangerous substance with no medicinal value, as the DEA claims?
Inquisitr looked at the new entry made into the Federal Register from several angles. They have looked at the hemp industry, saying there’s no need to worry about the issue as the DEA has no right to make such a decision, and enforce it.
They also quoted a law firm as saying there’s no need to pick a fight. It must be some administrative misunderstanding that could easily be resolved by the hemp industry and the DEA.
Has the DEA got clout?
The other concern, apart from the spelling issue (marihuana instead of marijuana), was whether the DEA was acting within their jurisdiction to make the ruling. Some are of the opinion that DEA Administrator Chuck Rosenberg took an aggressive stance by dumping CBD oil with other illegal Schedule 1 substances, the conclusion being that it must be illegal because it is derived from hemp.
According to Inquisitr, federal courts over-ruled a similar stunt in 2001, and the DEA is under the jurisdiction of the Justice Department.
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State laws are protected
Furthermore, the Rohrabacher-Farr amendment prohibits interference with state laws and regulations on medical marijuana. Even in the 16 CBD-only states, CBD oil and products are protected by this amendment. So, CBD oil might be considered as Schedule 1 according to the DEA’s memo, but it can’t be enforced in the 28 states where medical marijuana was voted legal, or in states where CBD is allowed as a medicine.
Then there’s the Farm Act of 2014 which further provides exemption from the Controlled Substance Act in states involved in hemp cultivation programs.
In 2001, companies producing hempseed oil took the DEA to federal court and won their case when the court concluded the DEA doesn’t have the authority to regulate substances which are not regulated by Congress.
What’s with the spelling?
Looking at the issue from another angle, marijuana activists are also questioning the DEA’s word choice, or rather its spelling. In the latest rule, marijuana is spelt as “marihuana”, a spelling that dates back to the days of Franklin Roosevelt.
The Washington Post ventured as far as asking Russell Baer, DEA spokesman, why the DEA chose to use this archaic, and outdated spelling. His answer was that the agency wasn’t trying to get away with classifying CBD oil as Schedule 1, it was merely an administrative measure put in place to keep separate records of research done. According to him, the agency uses both ways of spelling marijuana interchangeably.
Long live CBD oil
So, whatever you do, don’t go pouring your CBD oil down the drain, as you have the right to use it. Enjoy the benefit of it without fretting over legalities. It all seems to be rather nonsensical.