DEA’s Ruling on CBD May be Illegal
-DEA CBD Ruling Illegal?
Bruce Barcott recently wrote an article for Leafly that looked in to the DEA’s decision to establish a new drug code for cannabis extracts that includes the substance CBD.
This ruling will not affect states that have already legalized cannabis. As these states are already ignoring cannabis’ status as a Schedule I drug.
It is a concern for states that allow for hemp-derived CBD products, however. There are 16 states that allow for THC-free CBD products not derived from “marijuana,” but instead made from hemp.
DEA’s Authority to Regulate Questioned
The DEA cannot create rules for substances that are not within their domain. The DEA doesn’t have the authority to decide what is and isn’t a “drug”. That would be a legislation issue and falls to Congress. Problem is the DEA cannot create laws. Not only that, but it is not the first time the DEA has tried something similar.
In 2001, the DEA created a rule for hemp that would have banned hemp seed and hemp seed oil products . A popular ingredient in many food and cosmetic products. Finally the ruling was successfully challenged in court, led by Dr. Bronner’s Magic Soaps.
The judges found that a substance not already scheduled by Congress, then the DEA has no authority to regulate it.
In other words the DEA CBD ruling may be a court case waiting to happen. Perhaps the results of such a case may force the DEA to stop any enforcement actions.