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DEA Ruling on CBD Extracts is No Cause for Panic

We want to assure our customers at CBD Oil Empire that they can still get the CBD oil products they need from us, as all of our extracts are derived solely from hemp. The final rule that was recently published by the DEA has not actually changed the legal status of cannabidiol, or CBD. The rule was only an administrative action, not a scheduling action – which would be required to change the legal status of any substance. Cannabidiol itself is not actually listed even now on the federal schedule of controlled substances. So relax – and read on for more information on this new DEA ruling and exactly what it does – and doesn’t – mean.

Legal Precedent is On Our Side

Yes, it is possible that the DEA may be attempting to criminalize the use of cannabidiol (CBD) simply because it’s derived from the same plant as marijuana, but it’s likely that the courts will find – as they did 15 years ago in 2001, when the DEA tried to make a similar move and failed – that this is not an enforceable law. Hemp Industries Association v. DEA was the final court decision which found against the DEA the last time, and it will likely be cited as a legal precedent should the DEA actually try to prosecute anyone for the manufacture or possession of CBD – which is incredibly unlikely at this point.

Existing Safeguards Protect Most Patients

There are actually a number of existing safeguards in place that protect people in most states from prosecution for possession of CBD oil. Laws such as the Rohrabacher-Farr Amendment prohibit the Justice Department from spending funds to obstruct with the enactment of state medical cannabis laws. As recently as August, this amendment was upheld by the federal 9th US Circuit Court against a challenge by federal prosecutors. What this actually means is that even if the DEA considers CBD oil to be illegal, it can’t enforce that “rule” in any of the 28 states with medical marijuana laws, the District of Columbia, or any of the 16 states where CBD-only has been made legal for medical use.

The Farm Bill Helps

Another protection is the 2014 Farm Act, which clearly provides an exemption to the Controlled Substances Act for all states that are engaged in hemp cultivation pilot projects. Section 7606 of the Farm Bill actually defines hemp as being separate from marijuana and doesn’t consider it to be a controlled substance as long as it is grown under a state-compliant program.

So, to sum up, there are only a few places where you may need to be concerned over the possession or use of CBD oil: federal jurisdictions such as National Forests or National Parks, and those states that have no medical marijuana or CBD laws in effect. The general belief of organizations such as the Hemp Industries Association is that the DEA rule regarding "marihuana extracts" was not intended for hemp-derived CBD products and there is no impending change in DEA policy concerning such products. Numerous organizations are already working with their attorneys to ensure that the status of CBD oil remains safe, secure – and legal.