Executive Orders 12866 (Regulatory Planning and Review), 13563 (Improving Regulation and Regulatory Review) and 13771 (Reducing Regulation and Controlling Regulatory Cost). To determine any cost savings resulting from this runaway action, the DEA analyzed its registration, import and export data. When CBD was “rediscovered in the United States,” as described above, the “CBD-rich varieties that were available for extraction were “drug-type varieties,” rather than classic hemp varieties. For something to be a controlled substance under the Federal Controlled Substances Act (CSA), it must be specifically programmed and assigned one of five programming criteria.
My ears hurt and my eyes burn to hear or see an argument that identifies CBD as a controlled substance, because the law is quite clear about it. Even the THC in industrial hemp is no longer defined as a controlled substance (we'll go into more detail on this later). This revised definition now includes the 0.3% THC content limit for the extract, meaning that hemp-derived extracts containing less than 0.3% THC content also get out of control along with the plant itself. Because the Final Rule did not add any substances to programs that were not already controlled, and did not change the program of any substance, it was not a programming action under 21 U.
Hemp with a tetrahydrocannabinol (THC) level of 0.3% or less on a dry weight basis is not a controlled substance in the United States. Viable hemp seed was classified as a Schedule I controlled substance prior to the amendments to the CSA enacted by the AIA. Cannabis with a THC level greater than 0.3% dry weight is a controlled substance that must be disposed of in situ according to USDA-approved disposal methods. This interim final rule throws hemp, hemp extracts, and FDA-approved products that contain CBD out of control, and generates cost savings for the public, as discussed above.
Under the Single Convention, if a signatory country affirmatively authorizes domestic cultivation of cannabis, cannabis populations must be owned and controlled exclusively by a national agency. Informally, one could say that cannabis strains can be classified as “drug-type” or as hemp. The DEA will evaluate all applications using the criteria required by the Controlled Substances Act (21 U. The cannabis plant (including hemp varieties) produces cannabinoids in glandular trichomes, which resemble small golf balls, often on a small stem.
