When news first hit that the DEA made a law making CBD oil a schedule I substance, the reaction from cannabis consumers was shock and disgust. Since the technology has been available to extract CBD from cannabis and hemp, CBD has proven to be significantly helpful in pain management as well as focus and anxiety, leaving very little for recreational effects; If anything, it carries similar physical feels to that of a glass of wine at best. Making CBD illegal with its symptom relieving effects in mind is a stretch to say the least. Now it’s looking like this new law may not hold up so well.
First and foremost, CBD products are already protected by the Rohrabacher-Farr Amendment which basically prevents the DEA from interfering with the state’s decisions when it comes to cannabis and cannabis related laws that they chose to pass within their respected state borders. While the DEA most definitely created this new law against CBD, the Rohrabacher-Farr Amendment essentially makes it invalid in the states that allow CBD.
Second is a law that was passed over 10 years ago in a very similar situation. In a handful of cases called Hemp Industries Association v. DEA, it was concluded that only Congress could make a decision like rescheduling CBD and the DEA has no authority unless Congress approves first, solidifying the idiocy behind the DEA’s new “Marihuana Extract” rule as they most definitely did not go through congress first.
The DEA announcing this new law has definitely stirred up some anger and frustration. However with the Rohrabacher-Farr Amendment and HIA v DEA in place, their announcement holds no ground or substance. This is merely the DEA reaching for anything in desperation to regain control of cannabis. It’s encouraged to stay updated on any changes congress makes but it’s safe to assume you’re free to continue purchasing, consuming and treating yourself with CBD extracts.