In CBD, National News, Regulation

The Drug Enforcement Administration (DEA) filed a new rule stating that cannabis extracts and any cannabinoids such as CBD are now classified as a Schedule I Drug. However, according to Todd Winter, ESQ, a founder and Managing Partner at WINTER LLP, the DEA isn’t exactly operating within the confines of the law. In fact, the way Winter sees things, there are a number of red flags that need to be addressed when looking at the way the DEA has approached this subject and this strange ruling.

On Tuesday, December 13, the DEA amended the Code of Federal Regulations (CFR)—and it’s is sending waves of panic through the cannabis industry. According to the amended CFR, cannabis extracts are apparently labeled a Schedule I substance, and that may drastically affect how extract companies operate in the U.S.

As a result, the DEA stated that all cannabis extract companies must rewrite their paperwork to reflect the update by January 13, 2017. This change may greatly hinder many extract companies’ ability to sell legally in multiple states, and even worse, may hurt the patients who rely on those companies for CBD-based products. It’s not just the news of the new rule that was suspicious, but the wording as well. The DEA felt the need to use any reference to cannabis as “marihuana.” Additionally, CBD derived from hemp is not specifically defined under the Federal Controlled Substances Act (CSA). Therefore, it is not a Schedule I Substance under the United States Code (USC).

CULTURE talked with Winter about the DEA’s rule and why their move doesn’t mean that CBD and other cannabis extracts are a Schedule I substance, but, CULTURE also spoke with DEA Headquarters Public Affairs Officer Barbara Carreno about the rule and what the DEA plans are on the topic moving forward.

The public opinion on this ruling is currently ill-informed. Following the amendment to the CFR, impatient advocates  immediately began to assume the worst. Some made wild accusations about the DEA’s motives without fully understanding how the amendment would affect cannabis and CBD or extract businesses and patients. Keywords including “CBD OIL DECLARED Schedule I,” calling it a “new law” as if it were an official supreme court movement, or claiming that the DEA has “banned” CBD.


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