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cbd oil schedule

My job is to shed light. Most specifically on the great intricacies of cannabis law, policy, and regulation. The past several years have seen extensive debate about the legal status of cannabidiol (CBD). Is it legal? Was it ever a controlled substance? How is it regulated? Lawyers, industry professionals, and learned scholars debate this with so much vigor that it creates confusion, if not a misstatement of the facts. It hurts my ears and burns my eyes to hear or see an argument that identifies CBD as a controlled substance, because the law is quite clear in this regard.

Hemp-derived CBD oil

For something to be a controlled substance under the Federal Controlled Substances Act (CSA), it must be specifically scheduled and assigned one of five scheduling criteria. Schedule I is the most restrictive, which indicates that this controlled substance has no medicinal value and a high potential for abuse. Schedule V, the least restrictive, indicates a drug with currently accepted medical uses and treatments in the United States and a low potential for abuse. Schedule V drugs typically consist of preparations containing limited quantities of certain narcotics, but not always. When one combs through the CSA, the word “cannabidiol” or “CBD” is nowhere to be found — not in the code of federal regulations or in the enacting legislation. One must look deeper to find out what is scheduled and what is not.

The only cannabinoid mentioned in the CSA is tetrahydrocannabinol, THC, the psychoactive compound in cannabis. While it is specifically scheduled, courts have disagreed on whether THC needs to be synthetically or naturally derived to fall within the definition of tetrahydrocannabinol under the CSA. Six years ago, industrial hemp was for the first time ever defined separately from marijuana as holding less than 0.3 Δ9-THC percent by dry weight. The 2014 Farm Bill specifically authorized the use of industrial hemp as a legal substance for purposes of market, scientific, and agricultural-based research. The CBD industry exploded because of the “market-based research exception” — one could only study the plant with a viable market in place for its products. This position was litigated in 2018 in HIA v. DEA III and the restrictions were removed by the 2018 Farm Bill.

First, let’s look at the definition of marijuana with an “H” (marihuana), which is indeed scheduled. This comprises all parts of the Cannabis Sativa L. plant, excluding non-viable seeds stock and fiber, but including the resins and the remainder of the plant. CBD, of course, is present within the marijuana plant. If you derive CBD from the marijuana plant, it would in fact be controlled, because it came from a controlled substance. This is known as the “source rule” — the source of the material dictates its legality. But what if CBD and other non-psychoactive cannabinoids are derived from a legal source, such as the 25 other plant species that contain levels of cannabinoids or industrial hemp?

One particular problem with this ban was that it became a blanket ban on all cannabis. The law did not make any distinction at all on the cannabis variety based on THC, the original source of concern. They effectively banned everything cannabis and claimed that it had absolutely no medical benefits. We now know that is not true, and it took decades to correct that. To this day, marijuana remains a schedule 1 substance federally. Yet, many states heard the medical evidence and slowly came to accept it for its medicinal and recreational potential. But what about CBD? Is CBD Oil Schedule 1?

THC and its effects are the exact reason why you are wondering, ‘is CBD oil schedule 1?’

The term hemp legally describes cannabis plants that contain less than 0.3% of THC content by dry weight. It’s quite difficult to distinguish between hemp and marijuana other than measuring the THC content of the plant. Thus, any cannabis plant that meets that measure its hemp as far as the law cares.

Why Cannabis Became Illegal?

This act was replaced with the Controlled Substance Act in the 1970s. The main reason for banning marijuana, in particular, was the high THC content that caused users to become violent and hallucinated.

If the word of thousands of people on the internet is not enough for you, that’s okay; scientific research also discusses CBD at length.

Most people are unaware that the word ‘cannabis’ refers to a family of plants and not a particular plant. This is an important distinction since there are several varieties of cannabis. The two which matter the most when talking about CBD are marijuana and industrial hemp.

CBD products come in different presentations like oil, vapes, pens, edibles, gummies, topical creams, salves, and tinctures. Some people may not want to ingest CBD and may opt for CBD creams or ointments. Vapes have a particularly faster delivery rate and thus manifest the effect quicker when taken this way