DEA Proposes New CBD and Hemp Rules and Regulations – LoudCloudHealth

The DEA (Drug Enforcement Administration) has proposed new rules and regulations regarding hemp and CBD. These changes to the Controlled Substances Act are supposed to bring the act up to speed with the current law.

As such, the proposed rules may have a profound impact on the entire hemp and CBD industry.

The four main alterations are:

  • Changing the language. The DEA proposes adding language that will modify the definitions of tetrahydrocannabinol (THC) and marijuana extract to exclude any compound, mixture, material, and/or preparation from the definition of hemp.
  • Removing CBD drugs from Schedule V status. The DEA also proposes removing the FDA-approved CBD-based drugs that have no more than 0.1% residual THC from Schedule V.

On the other hand, all hemp derivatives and extracts that have more than 0.3% THC will remain Schedule I controlled substances.

  • Removing import and export controls that are currently being forced on hemp and all its extracts.
  • Modifying the definition of marijuana extract to not include substances that have less than 0.3% THC on a dry-weight basis.

These rules and regulations may not seem harmful at first, but they could seriously impact the industry and create a severe obstacle for the legal manufacturing of the majority of CBD products like CBD capsules, oils, and edibles.

Namely, as all the extractors and processors in the CBD industry know — hemp extract that’s not in its final form almost always has over 0.3% THC. That percentage is brought down to the compliance levels only after the extraction process, so it’s still not clear whether these extracts are legal or not.

Public comments on the proposed amendments will be accepted until October 20, 2020.

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