December 19, 2016
PMB's Response to the DEA Ruling
On Wednesday (Dec 14, 2016), news and social media reported that the DEA unilaterally declared all hemp extracts, including cannabidiol (CBD) as a Schedule 1 Drug, prompting mass public frenzy that CBD is now illegal.
Here's what the hoopla was all about...
Under their new drug code, entitled “Establishment of a New Drug Code for Marihuana Extract,” the DEA announced it was “creating a separate code number for cannabidiol extract with the following definition:
‘Meaning an extract containing one or more cannabinoids that has been derived from any plant of the genus Cannabis, other than the separated resin (whether crude or purified) obtained from the plant.’ Extracts of marihuana will continue to be treated as Schedule I controlled substances.”
We want to ease your mind and relay that the facts have been reviewed, and industry experts and "cannabusiness" legal counsel have resoundingly stated that CBD (hemp oil) remains 100% legal and that there was no change in DEA policy regarding hemp-derived CBD products. PrimeMyBody affiliates should, therefore, have NO cause for alarm. Selling PrimeMyBody hemp oil is still legal in all 50 United States.
In a statement to the International Business Times, Robert Hoban, a Colorado cannabis attorney and adjunct professor of law at the University of Denver said,
“This action is beyond the DEA’s authority. The DEA can only carry out the law, they cannot create it. Here, they’re purporting to create an entirely new category called ‘marijuana extracts,’ and by doing so wrest control over all cannabinoids. They want to call all cannabinoids illegal. But they don’t have the authority to do that.”
After consulting their legal advisory team, the Hemp Industry Association has also chimed in, stating, "There is general agreement that yesterday's ruling did not change the status of CBD." The HIA noted the following important facts:
- "Cannabidiol is not listed on the federal schedule of controlled substances
- Sec. 7606 of the Farm Bill defines hemp as distinct from marijuana and does not treat it as a controlled substance when grown under a compliant state program
- Despite these facts, DEA has stated that CBD is a controlled substance previously
- HIA strongly disagrees with the DEA position and is ready to take action to defend should the DEA take any action to block the production, processing or sale of hemp under Sec. 7606
- The Final Rule published on December 14th was not a scheduling action but rather an administrative action related to record keeping
- The code assigned to "marihuana extract" in the rule is "Administration Controlled Substances Code Number" for the purposes of identification of substances on registration forms.
- The rule was originally published as a proposed rule in 2011 BEFORE the Farm Bill and didn't mention CBD or hemp
- DEA confirmed to a reporter from the Denver Post that this was an administrative action and did not change the status of CBD in federal law."
In light of this, PrimeMyBody sees no imminent danger to your ability to market and sell PrimeMyBody hemp oil throughout the 50 United States. Please, stay calm and continue with business as usual. As our CEO, Paul Rogers said on the Thursday night call, "we are working with the top law firm consultants in the hemp industry and we will continue passing on all relevant information to keep you abreast on the DEA claims."