It’s finally happening…Hemp-Derived CBD vs the DEA. February 15th has been a Red Letter day for everyone interested in the future of CBD in the US. The Hemp Industries Association along with other cannabis entrepreneurs are taking the U.S. Drug Enforcement Administration to court today in a defining case over the DEA’s 2016 pronouncement that CBD is an illegal drug – the same as marijuana. CBD will have it’s day in court in the 9th District Court of Appeals in San Francisco.
It may take a couple months for the case to conclude but the good news is the confusion concerning the legality of CBD should end once this case is decided. Businesses selling CBD will be looking for clear understanding on the legalities of Hemp-Derived CBD.
According to Marijuana Business Daily the two main arguments boil down to this:
“It’s worth remembering that hemp and marijuana are both the species Cannabis sativa.
The hemp industry, however, will argue that it’s perfectly legal to extract CBD from Cannabis sativa flower, as long as the plant has a THC content below 0.3%.
In short, the hemp industry hopes the judges will OK products made from cannabis that meets the definition of hemp under the 2014 Farm Bill.
The hemp industry wants the DEA’s cannabidiol rule tossed because “it fails to distinguish industrial hemp from other forms of cannabis,” said Patrick Goggin, a lawyer who is helping to represent the hemp industry.
Meanwhile, will the DEA argue that if nonintoxicating cannabidiol could be derived from legal hemp flower, then the same flower could produce trace amounts of THC that could be concentrated into a potent intoxicant?”
I know which side I’d put my money on winning.
The Farm Bill that passed in 2014 was meant to allow the growing of Industrial Hemp and for the producers and businesses to sell hemp in all forms including extracted CBD.
Indications are there is a 95% chance the court will rule in favor of the Hemp Industry Association. Then once and for all CBD will be available to all Americans whose lives could be improved by the powerful medicinal qualities of CBD.
Feel free to reach out to me by emailing info@101CBD.orgcreate new email with any questions.
