In mid-December 2016, the DEA tried to secretly make CBD oil, and all marijuana extracts, part of the Controlled Substances Act. Of course, this sparked outrage throughout the marijuana industry. The question that has circled this topic since is: did the DEA go too far? The general consensus is yes, they did overstep their boundaries of power.
The Farm Bill of 2014 allows states with hemp laws to make CBD oils and other extracts derived from hemp plants; so they’re not breaking any laws. Even pilot programs researching hemp are exempt from this new ruling. The DEA can’t butt their heads in where CBD products and hemp extracts are made in industrial hemp or hemp legal states.
This kind of works with the Farm Bill as extracts made from industrial hemp aren’t illegal. The only occasion where it is illegal is when the hemp is from a state that has not adopted an industrial hemp law. The DEA can’t step in and change this, although it seems as if they have – for now.
Stalks Used to Make Extracts
The DEA’s definition of cannabis doesn’t include the mature stalks of the plant. It also doesn’t include oils made from the seeds of the cannabis plant. Mature stalks are typically considered to be waste material, not usable parts of the cannabis plant.
Now, the only exception to the rule is resin extracted from mature stalks. According to Congress, cannabis extracts made from mature stalks are legal. Guess what? The DEA can’t overrule Congress.
The DEA really has gone too far. There are attorneys across the country that are planning on filing a lawsuit against the DEA for overstepping its boundaries. The fact of the matter is CBD only helps people and pets; it naturally treats many medical ailments and does not produce any psychoactive effects. This ludicrous action by the DEA displays that they think they’re invincible – it might take a lot of lawsuits to put them back in their place.