Informally, it could be said that cannabis varieties can be divided into two categories: drugs and hemp. Unless it is specifically and strictly derived from a marijuana plant, CBD is not a controlled substance. This means that the removal of control of this product will not allow those who enroll in the DEA to benefit from any cost savings related to registration. Cannabis with a THC level greater than 0.3% by dry weight is a controlled substance that must be disposed of on site in accordance with the disposal methods approved by the USDA.
When derived from legal materials such as hemp, CBD and other non-psychoactive cannabinoids are not considered controlled substances because they are not specifically programmed. Hemp with a level of tetrahydrocannabinol (THC) equal to or lower than 0.3% by dry weight is not a controlled substance in the United States. Therefore, while hemp seed oil offers a good source of omega 3 and 6 fatty acids, it does not effectively contain cannabinoids. On the contrary, any material of this type that contains more than 0.3% of Δ9-THC in dry weight remains controlled on List I.
However, the FDA has indicated that CBD and THC cannot be legally sold as ingredients in foods or dietary supplements under the FDCA, although the FDA is currently considering the possibility of creating a legal regulatory path for such products. The Interim Final Rule (IFR) requires laboratory testing of hemp to determine its compliance under the United States. Nevertheless, the federal government generally does not prosecute people who possess (or share) small quantities of cannabis, but instead focuses its enforcement priorities on larger cannabis commercial entities or drug trafficking organizations, particularly those involved in interstate transportation or foreign importation (see the “Reasons for Limited Federal Enforcement of the Controlled Substances Act” section). Since these substances are no longer controlled substances, the DEA is also eliminating the requirement for import and export permits for these substances.
The industrial hemp plant is no longer a controlled substance, including all its derivatives, including THC. According to the AIA, unless specifically controlled elsewhere in the CSA, any material previously controlled with controlled substance code number 7360 (marijuana) or with controlled substance code number 7350 (marijuana extract), containing 0.3% or less of Δ9-THC in dry weight is no longer considered a controlled substance. The agency's intention is that these methods allow producers to apply common practices on the farm as a means of disposal and, at the same time, make the controlled substance neither recoverable nor ingestible. Lawyers representing hemp clients told Hemp Industry Daily that the DEA statement is an overdue assertion of the legality of cannabis.
