DEA’s CBD Rescheduling Order: A Quick Guide
Drug Enforcement Agency finally removed a cannabis-derived drug from Schedule I of the Controlled Substance Act. It’s a big step forward — but with some serious caveats. Here’s what you should know about CBD-rescheduling order.
Did DEA reschedule CBD?
Nope. The rescheduling applies to certain FDA-approved drugs that contain CBD. Other CBD products remain Schedule I drug, even if they are widely available.
All this buzz is, essentially, about Epidiolex — a purified CBD extract produced by GW Pharma. It’s the only CBD drug approved by FDA and rescheduling allows this one to be marketed.
Okay, but what did change?
According to the order, requirements for rescheduling are:
- The drug must be FDA approved
- The drug must contain CBD derived from cannabis
- The drug must contain less than 0.1% THC
In this case, the drug falls into Schedule V category. Only Epidiolex meets all the criteria.
What’s Schedule V?
Schedule V is the least-restrictive category of drugs under the Controlled Substances Act. All other cannabis products, including CBD, are Schedule I — or the drugs with no known medical benefit and a high potential for abuse.
Under Schedule V, CBD medicines can be imported and exported. However, the manufacture of such drugs is technically unlawful because cannabis per se remains a Schedule I controlled substance.
So, CBD oil is now legal?
Nope. CBD oil products, in general, don’t meet the listed criteria. While some products are very similar to Epidiolex, none are approved by FDA. It virtually means that all other CBD products remain Schedule I controlled substances, even if they are widely available in the US.
I use CBD oil for medical purposes. How does rescheduling order affect me?
Purchasing and possessing CBD products is federally illegal. However, legal troubles are quite rare. Moreover, certain CBD products may be permissible under your state’s cannabis laws, and in this case, you’re protected by Rohrabacher–Blumenauer amendment.
The post is based on this material.
(Sweedsy in no way encourages illegal activity and would like to remind its readers that marijuana usage continues to be an offense under Federal Law, regardless of state marijuana laws. To learn more, click here.)