New action from the DEA today caused a stir among hemp and CBD producers. The action – the insertion of a new rule in the Federal Register regarding cannabinoids – could have serious consequences for CBD product makers.

Bruce Barcott explains his plain-language take on the DEA’s action at NCIA Sponsoring member Leafly’s website.

Is your CBD derived from hemp? Doesn’t matter to the DEA. The new extracts classification applies to all “extracts that have been derived from any plant of the genus Cannabis and which contain cannabinols and cannabidiols.” Hemp is not a separate genus. (Although it may be a separate species; lot of debate on that point.) Legally speaking, hemp is simply cannabis with no more than 0.3 percent THC content.

NCIA member Hoban Law Group produced a detailed memo responding to the DEA’s action and exploring ways that it might be challenged in court.

The fact that the DEA, an unelected government body with no legislative authority, is attempting to outlaw all cannabinoids is concerning and problematic as it pertains to portions of the plant not legally defined as “marihuana,” and as it pertains to lawfully cultivated and processed Farm Bill-compliant industrial hemp.

We’ll continue to monitor the activity around the DEA’s new rule and keep you updated with additional information.