The DEA Clarifies That CBD Is Legal


The Drug Enforcement Administration just gave industrial hemp a sly nod that clears up a lot of inconsistent information around cannabis and more specifically, CBD.

The agency is acknowledging that not all compounds of cannabis fall under the Controlled Substances Act, and that hemp-derived CBD is legal. 




“Products and materials that are made from the cannabis plant and which fall outside the CSA definition of marijuana (such as sterilized seeds, oil or cake made from the seeds, and mature stalks) are not controlled under the CSA. Such products may accordingly be sold and otherwise distributed throughout the United States without restriction under the CSA or its implementing regulations,” reads a May 22, 2018, internal DEA memo. 

And it’s about time. It was in 2004 that the Ninth Circuit Court of Appeals said that non-psychoactive cannabinoids—just about anything that’s not THC—is excluded from the federal government’s definition of marijuana. 

Hemp and marijuana are both members of one plant family, although they are different plants, most notably in their levels of the cannabinoid, THC  (tetrahydrocannabinol). 

Just because a plant contains cannabinoids does not make it the federally banned marijuana. Although THC is the most common cannabinoid, especially in the recreational version of the plant, some strains of non-medical marijuana are bred to improve their expression of non-psychoactive cannabinoids, like CBD (Cannabidiol), CBN (Cannabinol), CBG (Cannabigerol). These cannabinoids don’t impair users and are making appearances in all kinds of products meant to aid in anxiety, pain, sleep disorders, inflammation and, skin irritation.

The DEA stipulates that importing and exporting cannabinoid products with 0.3 percent THC or less is legal, but this activity falls under the discretion of the U.S. Customs and Border Protection. 

Despite the clarification, hemp will remain as a Schedule I substance on the federal level in the United States.

June 5, 2018

by Davie Dabbs aka Popeye

Profile photo of Davie Dabbs aka Popeye
Davie is a long time cannabis professional who has worked not only as a cultivator but in all aspects of retail cannabis. From budtender, to wholesale and retail management, and from harvester to advanced hydroponic specialist, Davie has been around the block more than once. Now residing in beautiful British Columbia, Davie now works with acres of greenhouses, producing some of the best buds in the country.


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