On August 20, 2020, the Drug Enforcement Administration (DEA) issued an interim rule on hemp, hemp-derived CBD (Hemp CBD) and other hemp-derived cannabinoids.
According to the DEA, “[t]he interim final rule merely conforms DEA’s regulations to the statutory amendments to the [Controlled Substances Act (CSA)] that have already taken effect, and it does not add additional requirements to the regulations.”
If you’re in the hemp derivative business, trust the DEA at your own peril. While it is true that the 2018 Farm Bill did legalize hemp, hemp derivatives, hemp extracts, and cannabinoids in hemp, it did not explicitly cover hemp processing. I recently wrote about this regulatory gap and you can see it on an infographic here.
The regulatory gap that skips over hemp processing is relevant to understand the danger of the DEA’s interim rule and how it is inconsistent with the 2018 Farm Bill.
The 2018 Farm Bill defines hemp as the plant Cannabis Sativa L. with a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis. The 2018 Farm Bill also defines hemp to include all derivatives, extracts, and cannabinoids of hemp. It is undeniable that the hemp plant and hemp derivatives,