The DEA rescheduling order of CBD has left even more questions than answers. While this is definitely a significant movement in the right direction and is the first time in history that a cannabis-derived drug has been removed from the Schedule I of Controlled Substances Act, there is still a long way to go in terms of the legality of the CBD industry.
The DEA’s Rescheduling Order of CBD
The DEA did not reschedule all CBD products. The rescheduling order opens doors for FDA-approved drugs containing CBD but does not affect all CBD products. At the point in time, the rescheduling order only impacts Epidolex, the first FDA approved CBD drug meant to treat a rare condition that causes seizures. To summarize the rescheduling order, no CBD products currently on the market was affected by the change. The rescheduling order specifically states that “FDA-approved drugs that contain CBD derived from cannabis and no more than 0.1% tetrahydrocannabinol in schedule V.” In order for a CBD product to fall into Schedule V rather than Schedule I, it must be FDA approved, contain CBD derived from cannabis, and contain no more than 0.1% of THC. Schedule V is the least restrictive category of drugs. According to the DEA, all other cannabis products are still under Schedule I, a category for substances with no recognized medical value and his potential for abuse.
How the DEA Rescheduling Order Impacts CBD
The legal landscape of the CBD industry still lives in a gray area. While CBD is regularly available and can be purchased in all 50 states, according to the DEA, it is still federally illegal. Not everyone agrees with this assessment of CBD and no specific legislation regarding CBD has been passed. While the rescheduling order may help pharmaceutical companies with FDA approval, it has no impact on the CBD industry as a whole.
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