Yesterday I posted the following blog. If you have already read this, scroll down to the bottom for the latest update as of Sunday, March 23, 2014.
I have been instructed in another forum to check the United State’s Drug Enforcement Administration (DEA) for the ruling on industrial hemp intended for human consumption. High CBD hemp oil is not medical marijuana (MM), however it does contain trace amounts of THC: a controlled, Schedule 1 substance. Evidently the ruling in 2003 has not been significantly altered by recent case law (although I do not have access to more recent decisions to check this myself). Below is the original ruling. In non-MM states (or when out of compliance with state laws where MM is legal), the use of substances for human consumption that contains natural or synthetic THC at any level is considered ILLEGAL! Below is an excerpt from the final rule. Each of us will have to decide how we will handle the use of high CBD hemp oil whether or not you reside in a medical marijuana-legal state here in the United States.
[DEA-206F] RIN 1117-AA55 Exemption From Control of Certain Industrial Products and Materials Derived From the Cannabis Plant AGENCY: Drug Enforcement Administration, Department of Justice. ACTION: Final rule. SUMMARY: The Drug Enforcement Administration (DEA) is adopting as final an interim rule exempting from control (i.e., exempting from all provisions of the Controlled Substances Act (CSA)) certain items derived from the cannabis plant and containing tetrahydrocannabinols (THC). Specifically, the interim rule exempted THC-containing industrial products, processed plant materials used to make such products, and animal feed mixtures, provided they are not used, or intended for use, for human consumption (and therefore cannot cause THC to enter the human body). DATES: This final rule becomes effective on April 21, 2003.
Since I live in a State where products containing any amount of THC has not yet been legalized, I have some very important decisions to make. I am in shock.
And my Lord, Jesus, is still on the throne. Headed to prayer . . .
Update Sunday, March 23, 2014
Just found the following ruling from a 9th Circuit (Federal) Court that would supersede the ruling of a federal agency such as the Drug Enforcement Agency:
The DEA’s Final Rules purport to regulate foodstuffs containing “natural and synthetic THC.” And so they can: in keeping with the definitions of drugs controlled under Schedule I of the CSA, the Final Rules can regulate foodstuffs containing natural THC if it is contained within marijuana, and can regulate synthetic THC of any kind. But they cannot regulate naturally-occurring THC not contained within or derived from marijuana-i.e., non-psychoactive hemp products-because non-psychoactive hemp is not included in Schedule I. The DEA has no authority to regulate drugs that are not scheduled, and it has not followed procedures required to schedule a substance. The DEA’s definition of “THC” contravenes the unambiguously expressed intent of Congress in the CSA and cannot be upheld. DEA-205F and DEA-206F are thus scheduling actions that would place non-psychoactive hemp in Schedule I for the first time. In promulgating the Final Rules, the DEA did not follow the procedures in §§ 811(a) and 812(b) of the CSA required for scheduling. The amendments to 21 C.F.R. § 1308.11(d)(27) that make THC applicable to all parts of the Cannabis plant are therefore void. We grant Appellants’ petition and permanently enjoin enforcement of the Final Rules with respect to non-psychoactive hemp or products containing it.PETITION GRANTED. – See more at: http://caselaw.findlaw.com/us-9th-circuit/1253723.html#sthash.QmFlSr75.923FYE79.dpuf
So as of this date, in the interest of Gentle Readers in all 50 states (where marijuana is legal and where it is not), the tide is moving back towards my original statements: high CBD hemp oil (containing trace amounts of naturally-occurring THC for synergistic benefits) is available in all 50 states. I have a few follow up calls to make to ensure that my statements here are accurate.
So exciting. Please forgive the confusion. Trusting the Lord in all that He will direct my paths for His glory alone. (Proverbs 3:5-6)
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Gentle Readers: Please note the updates added March 23, 2014. Thank you and please forgive the confusion! Julie