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?
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. 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 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 or 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 get the original. It’s the synthetic agenda.
Text of the New Rule Regarding CBD from the DEA
Here’s the text of the new rule:
“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 a 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 Big 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.
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Makia Freeman is the editor of alternative media / independent news site The Freedom Articles and senior researcher at ToolsForFreedom.com, writing on many aspects of truth and freedom, from exposing aspects of the worldwide conspiracy to suggesting solutions for how humanity can create a new system of peace and abundance.
Sources:
*https://www.federalregister.gov/documents/2016/12/14/2016-29941/establishment-of-a-new-drug-code-for-marihuana-extract
*https://thefreedomarticles.com/cannabidiol-cbd-cure-all/
*https://thefreedomarticles.com/antibiotic-resistant-bacteria-cannabis/
*http://www.naturalnews.com/2016-12-12-big-pharma-colludes-with-dea-to-first-outlaw-natural-drugs-then-patent-them-to-earn-billions-for-pharma.html
*https://www.federalregister.gov/select-citation/2016/12/14/21-CFR-1308.11
*http://archives.sfweekly.com/thesnitch/2015/12/16/congress-set-to-ban-feds-from-enforcing-cannabis-laws-again
*http://us14.campaign-archive1.com/?u=b813fd6868a874f2efc681a61&id=e9466c771b&e=cc3827094d
*http://www.reuters.com/article/us-usa-ruling-marijuana-idUSKCN10R1YN
*http://archives.sfweekly.com/thesnitch/2015/12/16/congress-set-to-ban-feds-from-enforcing-cannabis-laws-again
5 Comments
As a UK based retailer of hemp products I can confirm there is a global push to remove the freedom of choice from the public in repect of CBD oil based products.
Recently the UK government changed the definition of CBD oil product to medicinal meaning whole raft of rules and regulations have to be met meaning the average retailer has to close down operations with immediate effect.
Up until this point Amazon were happy to provide a platform but this too was removed with immediate effect. Sad to say, Amazon, with their powerful position, did nothing to defend their sellers. eBay and PayPal had falsely asserted CBD oils were on the DEA Prohibited List when they wre not but now I guess their claim is correct.
I asked the simple question, “Cui Bono”? The simple answer had to be Big Pharma. CBD oils has turned into a multi-billion dollar business and was hurting the bottom line of these corporate poison pushers. So they have obviously put pressure on their puppets in power around the world to, once again, prevent the general public choice in how they care for themselves leaving only products supplied by Big Pharma.
Expect more and continued moves until someone breaks this vicious circle.
These are the same a**holes who were complicit with the CIA and other aagencies in flying and shipping in literally TONS of cocaine into Mena, Arkansas while Bill Clinton was Governor of the State, and to other ports and airfields during ‘Iran-Contra’.
The same ‘Murder Inc.’ Megacrook War Criminal Pedophiles run just about all agencies and Corporations in the country.
Please consider signing this WhiteHouse.gov petition to undo this scheduling change:
https://goo.gl/Ncecu6
DEA, another dark agency belonging to Nazi Germany days type goverment, they represent big pharma and jucied up by their lobbiest screwing millions of patients(please follow the power and money trail). I can only hope Chuck Rosenberg kids will get Cancer
So he feels first hand the pain patients and their famlies go through , limited to chimical treatment offered by Pharma companies , deadly as the desease itself And shoved down our neck by doctors pupets of again big pharma … maybe than he will think twice To include all Cannabnoids as Class 1 drug …the truth is this morron and his friends dont even know what is the effect of any of them ….there are over 100 Cannabnoids many of which our body produces naturally
Many have medicinal benefits , God forbid we find out there is a natural medical solution we can grow in our back yard without needing to pay these pharma ass ###es
All the MARIJUANA growers will be using GMO POT controlled by the government that is the AGENDA
The thesis of John L. Potash’s book Drugs as Weapons Against Us: The CIA’s Murderous Targeting of … Activists is that the Establishment has routinely murdered potential opinion makers who took an anti-War stance.
Drugs as Weapons Against Us reports:
-U.S. intelligence has been the largest LSD trafficker in the world.
-Assassinated American leaders opposed the war in a top opium-growing area.
-CIA’s MK-ULTRA had a hit list of opposition leaders to dose with LSD and other drugs.
-MK-ULTRA agents frequented West Coast “Acid Tests” and the Millibrook acid estate.
-Undercover agents dosed musicians, writers and political activists here and abroad.
-George Harrison’s dentist gave him and John Lennon their first doses of LSD covertly.
-An attorney & legal reporter’s eight-year study said the CIA murdered Lennon.
-An FBI asset supplied Mick Jagger’s first hit of LSD, then framed him and Keith Richards.
-Jimi Hendrix’s manager, once in Britain’s MI6, reportedly admitted murdering him.
-Janis Joplin died of a hotshot of potent heroin just before her first anti-War concerts.
-Drugs were used on Black Panthers Huey Newton, Fred Hampton, and Afeni Shakur.
-Nazis aided CIA & cocaine lords in the mass murder of Latin American revolutionaries.
-Kurt Cobain wanted anarchist essays inside thirty million-selling Nirvana album.
-Police supervisor told officers not to investigate Cobain’s death as murder.
-Tupac Shakur’s gang-conversion movement cost billions in laundered drug money.
-Cops working at murdered Tupac’s Death Row label were described as “covert agents.”
-Drugs were used on Occupiers; a provisional plan to shoot leaders in Texas was found.
Evidence that John Lennon was trying to leave the Illuminati when he was murdered.
“You gotta remember, establishment, it’s just a name for evil. The monster doesn’t care whether it kills all the students or whether there’s a revolution. It’s not thinking logically, it’s out of control.” — John Lennon (1969)