Is CBD Finally Legal?
If you’ve ever wondered where my animus for certain federal agencies originates, here’s a perfect example. I can't help but find it fascinating the ongoing relationship between the DEA and CBD. It remains very important to inform my fellow Americans of the alarming fact that the Cannabis plant remains a controlled substance in one form or another. And depending upon which state you live in, you may be subject to fines and imprisonment even now in 2021.
According to an announcement as far back as n September 2018, the DEA announced that drugs including CBD products containing a range from zero to 0.1% THC content are considered "Schedule 5" controlled substances and dangerous drugs forthwith.
This announcement is the first time the agency has lowered any type of Cannabis-derived cannabinoid or any part of the plant from "Schedule 1" designation on the list of Controlled Substances.
Meanwhile, white-collar profit-seekers and animal spirits ignore federal laws while we watch their general stock prices rise year after year. As such, investments are deemed to be of extremely high risk and clearly exhibit volatile price sensitivity.
I Thought CBD Was Already Legal
The U.S. Federal Government has even patented marijuana in pill form many years ago, yet clinical trials are claimed to be lacking in support of various "medical claims" deemed by federal regulators and enforcement officials. Systematically, the FDA approved its first all-natural, Cannabis-derived CBD medicine specifically (and limited to) rare types of epilepsy. The drug, Epidiolex, is made from Cannabis originally in the United Kingdom and now grown here in the U.S.
This new DEA code is also designed to clear up any legal grey area that may be perceived to have been created by yet another piece of legislation called the 2014 Farm Bill allowing “pilot projects” for farmers where growing hemp was permitted. The clear intent here was to protect farmers from the DEA’s actions.
So What About All The CBD Patients?
According to the new scheduling of CBD, both patient and caregiver will no longer be criminally liable for possessing, purchasing, or being under the influence of a non-psychoactive substance like CBD.
Any other substance extracted from the plant genus Cannabis, like Delta 9 THC or arguably even Delta 8 THC and related medications for patients suffering from Parkinson's, Diabetes, Fibromyalgia, Arthritis, Autism, and hundreds more diseases and illnesses will continue to be in violation of Federal law and therefore subject to arrest. Clearly, the government regulators and Justice Department agencies like the DEA remain unconvinced of the medical value of Cannabis.
The DEA further proclaims, “For practical purposes, all extracts that contain CBD will also contain at least small amounts of other cannabinoids. However, if it were possible to produce from the Cannabis plant an extract that contained only CBD and no other cannabinoids, such an extract would fall within the new drug code”.
The Agriculture Improvement Act of 2018
The Agriculture Improvement Act of 2018 (2018 Farm Bill) authorized the production of hemp and removed hemp and hemp seeds from the Drug Enforcement Administration’s (DEA) schedule of Controlled Substances. It also directed the U.S. Department of Agriculture (USDA) to issue regulations and guidance to implement a program to create a consistent regulatory framework around production of hemp throughout the United States. The establishment of hemp as a regulated commodity also paves the way for U.S. hemp farmers to participate in other USDA farm programs.
Hi Donald, Hemp indeed remains on the schedule. The change has been in the wording, not the plant. There are lots of attorneys and legislators that can tell you why “Cannabis” remains on the schedule, and as you probably know by now “hemp” is just another species of Cannabis. It is the Cannabis plant that is the issue on this DEA Schedule… not any specific species or hybrid. Hemp hasn’t been an issue of any significant consequence for American citizens and consumers, and it has been used in large quantities in cosmetics, paint coatings, and a thousand+ other products since the U.S. Constitution and Bill of Rights were originally printed on it.
• “Cannabis and tetrahydrocannabinols remain a Schedule I drug (no medical use) and are subject to criminal penalties ranging from misdemeanor or felony probation up to 3 years in prison for maintaining a place for controlled substance sale or use under California Health & Safety Code Section 11366.”
• “The Controlled Substance Act of 1970, the federal legislation which is currently in effect, declared all cannabis varieties, including hemp, as Schedule I controlled substances (along with heroin, LSD, peyote, and ecstacy), with the U.S. Drug Enforcement Administration (DEA) serving as the regulatory authority.”
• “The DEA announced that drugs including CBD with THC content below 0.1% are now considered Schedule 5 drugs, as long as they have been approved by the U.S. Food and Drug Administration. It is the first time the agency has lowered any type of cannabis from Schedule 1.”
I’ve observed that the change in wording is largely due to attorneys who work for Big Pharma and its cousin Big Banking. One of their first, main objectives is create new methods of control such as how the money is processed and re-distributed according to those who will be financing it. And I don’t mean stockholders or owners. I am referring to the private money and wealth of those who finance the legislators who represent everyone in the managerial class within Big Banking to Big Agra. And let’s not forget the Biggest Brother of them all.
Big Government is also a huge beneficiary, so if you are aware of who makes up The Establishment AKA: The Swamp, then you are following the same leads we are.
Needless to say, I truly appreciate you pointing out that I too need to change the “wording” of my article. Without people like you, it is very difficult to keep all our articles completely up-to-date.
My sincere thanks. Don’t hesitate to keep us on our toes!!
Pingback: CBD Vape Oil – The Healthy Way To Vape
Pingback: Ian H.
Indeed Ian, please check out my “In The News” category article (also located under my “Legal” category) here: The DEA and CBD