CBD Ban? DEA Tries to Classify Non-THC Cannabis Oil as a “Schedule 1” Drug

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December 20th, 2016

By Makia Freeman

Contributing writer for Wake Up World

The DEA may be trying to implement a CBD ban with a new rule to reclassify non-THC cannabis oil as a schedule 1 drug. But do they have the legal authority? Does this new rule amount to a CBD ban?

A CBD ban appears to have been put in place by the DEA (Drug Enforcement Administration), an agency of the US Government. Two days ago on their website, they posted a notice that they had made a “new rule”, effective Dec. 14th 2016, to classify “marihuana” (their antiquated spelling, not mine) as a Schedule 1 drug, making all forms of the plant illegal under federal law. What this means is that CBD (cannabidiol) extracts which have trace amounts of, or absolutely no THC, and are therefore non-psychoactive, are now reclassified to be on par with psychoactive or THC-containing substances like cannabis, heroin, LSD and peyote.

This latest stunt by the DEA is sure to be met with fierce resistance by a legion of Americans who are well aware of the health benefits of the cannabis plant. Legally speaking, the move is also highly dubious in nature, given that the DEA is by definition part of the executive branch of government (tasked with carrying out laws and enforcing them), not the legislative branch of government (tasked with making laws). Does this new rule carry legal weight? Will it amount to a CBD ban?

Kickback from Kratom?

The timing of this move is interesting, given how recently the DEA tried to reschedule another substance: kratom. It was only around 5 months ago that the DEA tried to reclassify kratom by attempting to place it in the dreaded schedule 1 category. A determined number of Americans fought back and the DEA decided to drop the matter. Some have speculated that the reason may have been to help the DEA’s favorite client, Big Pharma:

“The DEA’s recent statement on kratom underlines the extreme lengths to which they will go to continue to assert that they are in the right, even if only to themselves. The agency filed a notice of intent declaring that they would “temporarily schedule the opioids mitragynine and 7-hydroxymitragynine, which are the main active constituents of the plant kratom, into schedule I pursuant to the temporary scheduling provisions of the Controlled Substances Act.” The notice then explained, “This action is based on a finding by the Administrator that the placement of these opioids into schedule I of the Controlled Substances Act is necessary to avoid an imminent hazard to the public safety.”

As is typical of bureaucratic agencies, the notice of intent continued in a similar fashion with its convoluted explanation.

And, of course, three synthetic opioids have been synthesized from the kratom plant, namely MGM-9, MGM-15 and MGM-16. Unsurprisingly, these three synthetics were developed from the kratom alkaloids, Mitragynine and 7-Hydroxymitragynine – you know, the ones named by the DEA as an “imminent hazard to public safety.”

If these compounds are so dangerous, why on earth would Big Pharma be synthesizing them to make medicine? It just doesn’t seem to add up, but the federal agency continues to go along with their story of supposed danger to society, hoping we’ll all fall for it. It really tells you all you need to know about the DEA and their relationship with Big Pharma though, doesn’t it?”

In other words, the DEA, like the FDA, are allowing Big Pharma to pursue its business model of biopiracy, i.e. find a plant, something from nature, study its constituents, learn how to extract them, steal them, modify them and patent them, and then destroy people’s ability to obtain the original. It’s the synthetic agenda.

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Here is the text of the new DEA rule regarding CBD:

“Final Action

After careful consideration of all comments, the DEA is hereby amending 21 CFR 1308.11(d) to include a new subparagraph (58) which creates a new code number in Schedule I as follows:

“(58) Marihuana Extract—7350

“Meaning an extract containing one or more cannabinoids that has been derived from any plant of the genus Cannabis, other than the separated resin (whether crude or purified) obtained from the plant.”

“The creation of this new drug code in the DEA regulations for marihuana extracts allows for more appropriate accounting of such materials consistent with treaty provisions. Such marihuana Start Printed Page 90196extracts remain in Schedule I. Entities registered to handle marihuana (under drug code 7360) that also handle marihuana extracts, will need to apply to modify their registrations to add the new drug code 7350 to their existing DEA registrations and procure quotas specifically for drug code 7350 each year.”

What is the legality of the new DEA rule?

What are the chances it will result in an outright CBD ban?

Since this story is breaking, there is still much uncertainty about whether it will lead to a CBD ban or not. For example, this Inquisitr article firmly states that it will lead to a CBD ban:

“The Wednesday decision states that according to the DEA, CBD oil, and any cannabis extract falls under code 7350, a new federal code, and thus carries Schedule 1 status. The ruling is not a change in federal law, but rather a clarification of existing statutes. CBD oil manufacturers have long operated under the theory that since their product was produced from hemp, which contains a lower amount of THC than is illegal under federal guidelines, they were in legal territory at the federal level. The DEA CBD oil decision removes the ambiguity and places CBD firmly under Schedule 1.

“The announcement means that CBD oil manufacturers and distributes will have to update their registrations to the new code 7350 by January 13 in the states in which it is legal to produce. It will be illegal to transport the substance over state lines, and the long-term consequences for the CBD oil industry, as well as patients who use it, is unclear.”

However, the Forium Legal Counsel believes the DEA is blowing hot air and acting totally outside of its jurisdiction, urging CBD businesses and consumers not to panic:

“Regarding the legal status of CBD derived from industrial hemp: The 2014 US Farm Bill was an act of congress signed by the president and that is the highest law of the land. The DEA cannot make law and try to redefine a law passed by the US Congress which defined industrial hemp in section 7606 as “Any cannabis sativa L that produces naturally less than .3% THC on a dry weight basis.” 

“Furthermore, the DEA is not allowed to interfere with a legal state licensed cannabis business – there is very recent case law that set precedent for this in the 9th circuit.  See here: http://www.reuters.com/article/us-usa-ruling-marijuana-idUSKCN10R1YN

“Lastly, the DEA was purposely de-funded by the US Congress last year (and is poised to do the same for this year:
(http://archives.sfweekly.com/thesnitch/2015/12/16/congress-set-to-ban-feds-from-enforcing-cannabis-laws-again) from pursuing any enforcement of their archaic interpretation of the Controlled Substances Act (CSA) in legal states.”

CBD Ban Won’t Happen Without a Fight

This strange new DEA rule is going against the tide of the recent movement to legalize marijuana or cannabis, as was evidenced in the recent November 2016 elections where California, Maine, Massachusetts and other states voted to make it recreationally or medically legal. You can be sure that many cannabis lawyers, businesses and consumers are going to do their utmost to stop governmental overreach and prevent a CBD ban from occurring.

About the author:

ToolsForFreedom.com - Knowledge is PowerMakia Freeman is the editor of The Freedom Articles and senior researcher at Tools For Freedom, writing on many aspects of truth and freedom, from exposing aspects of the global conspiracy to suggesting solutions for how humanity can create a new system of peace and abundance. An avid promoter of freedom, truth and health, his mission is to expose the truth, raise awareness about the conspiracy to enslave mankind and to help create a critical mass of people to stand up against it – and thus restore peace and freedom to the world.

Want to keep informed with news and analysis on the New World Order, natural health, sovereignty and more? Visit Tools For Freedom (where this article first appeared), follow Tools For Freedom on Facebook, or sign up for ‘The Freedom Articles’ blog updates.

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  • ThriveLiving

    So this is what our tax dollars support? The DEA needs to be dissolved, along with the FDA. Pathetic.

  • ThriveLiving

    So this is what our tax dollars support? The DEA needs to be dissolved, along with the FDA. Pathetic.

  • ratamacue76 ???????????

    This is being done because the pharma companies have demanded it and payed for it.

  • ratamacue76 ???????????

    This is being done because the pharma companies have demanded it and payed for it.

  • White Widow 2007

    DEA only supports Big Pharma….ONLY! They don’t give a crap about you and I! Keep trying to screw with the people and we will DISBAND your ass!

    • James Peters

      GW Pharma ran the trials which proved Sativex (standardised whole plant oral mucosal spray) helps patients with MS spasticity. It’s now approved in 16 countries outside the United States. They have also received regulatory approval in an additional 12 as well. Epidiolex (proprietary oral solution of pure plant-derived CBD) helps Dravet and Lennox-Gastaut syndrome suffers http://ir.gwpharm.com/releasedetail.cfm?ReleaseID=1002552 I know GW are hoping for FDA approval for all these indications sometime this year. They are also aiming for Epidiolex to be placed into Schedule 4 and Sativex into Schedule 3. If others can do the same then their drugs should be approved as well.

      Cancer Research UK and GW Pharma have ran two Phase I’s (NCT01812603 & NCT01812616) using Sativex in patients with recurrent glioblastoma multiforme (a type of primary brain cancer). In addition to this GW are testing Sativex in patients with cerebral palsy. Also based on Phase III data then it could work for a subset of patients with advanced cancer who experience inadequate pain relief during optimized chronic opioid therapy https://globenewswire.com/news-release/2015/10/27/780293/10154119/en/GW-Pharmaceuticals-and-Otsuka-Announce-Results-From-Two-Remaining-Sativex-R-Phase-3-Cancer-Pain-Trials.html But they would need to run another Phase III to confirm this. Other Epidiolex trials are ongoing in tuberous sclerosis complex, infantile spasms, hypoxic-ischemic encephalopathy and schizophrenia. Then they are testing pure CBDV for focal seizures and autism spectrum disorders. The pure THCV compound as an add on to metformin for type 2 diabetics failed it’s Phase IIb trial.

  • James Peters

    Patents are irrelevant. Unless you are a patent solicitor trying to protect all potential medications without knowing if it really works or not.

    The US NIH has a large portfolio of intellectual property as they conduct lots of research, which leads to a number of different treatments for a wide range of illnesses. Eventually, they invent something, and patent solicitors at the NIH file a patent on that. It protects the NIH from corporations or individuals who would rely upon their invention(s), then patent it for themselves. But the NIH doesn’t license the patents themselves. The patents are licensed to outside companies by the National Institutes of Health Office of Technology Transfer https://www.ott.nih.gov (NIH-OTT), which is responsible for licensing all of the patents generated.

    Back in 2011, the company Kannalife Sciences Inc https://www.kannalife.com was granted an exclusive license by the NIH-OTT for the commercialization of patent US6630507, ”Cannabinoids as Antioxidants and Neuroprotectants” http://www.google.co.uk/patents/US6630507 https://www.federalregister.gov/documents/2011/11/17/2011-29726/prospective-grant-of-exclusive-license-development-of-cannabinoids-and-cannabidiols-based https://www.thestreet.com/story/11609018/1/kannalife-sciences-inc-signs-exclusive-license-agreement-with-national-institutes-of-health-office-of-technology-transfer-nih-ott.html The patent makes very specific claims about structural analogues of CBD and the things those could treat.

    The company now has a target drug candidate (KLS-13019) which is based on CBD https://www.ncbi.nlm.nih.gov/pubmed/27096053 and trials will be conducted in patients with hepatic encephalopathy https://en.wikipedia.org/wiki/Hepatic_encephalopathy and chronic traumatic encephalopathy https://en.wikipedia.org/wiki/Chronic_traumatic_encephalopathy when the company have raised enough money.