CBD is becoming more and more popular as its medicinal benefits become more widely accepted among the general public. Perhaps the proliferation of CBD would be even more substantial if the legality of manufacturing and/or purchasing CBD wasn’t so unclear.
The matter became even more confusing when, in December of 2016, the DEA published a new rule which identified cannabis extracts, including CBD and other cannabinoids, as Schedule I substances. Soon after this new rule the DEA issued a clarification to the clarification, stating: “Cannabinoids, such as tetrahydrocannabinols (THC), cannabinols (CBN) and cannabidiols (CBD), are found in the parts of the cannabis plant that fall within the CSA definition of marijuana, such as the flowering tops, resin, and leaves.” This sent shock waves through the CBD industry and on the face of it seemed as though the movement would dwindle. But not so fast!
Attorney Bob Hoban, who represents the cannabis law firm Hoban Law Group in Denver, Colorado, says the DEA skirted an established federal process: “The DEA cannot create a statute; that can only be done by Congress.” This is very true, but on the flip side of this coin the DEA would argue that CBD has always been banned, which is why States have to enact special CBD only laws in order for CBD to be manufactured and for patients to consume CBD without fear of penalty.
Luckily for the CBD industry, there are a number of statutory and case laws which allow for Cannabis to be considered a legal exception. These laws allow CBD to be manufactured and sold under certain criteria. We will discuss these very important Acts and their impact on the CBD Industry in more detail below.