Buried within the Justice Department news release on the expansion of a cannabis research program was the statement that hemp, hemp plants, and CBD are not controlled substance as long as delta-9 THC levels are at or below 0.3%.
This notice also announces that, as the result of a recent amendment to federal law, certain forms of cannabis no longer require DEA registration to grow or manufacture.
The Agriculture Improvement Act of 2018, which was signed into law on Dec. 20, 2018, changed the definition of marijuana to exclude “hemp”—plant material that contains 0.3 percent or less delta-9 THC on a dry weight basis. Accordingly, hemp, including hemp plants and cannabidiol (CBD) preparations at or below the 0.3 percent delta-9 THC threshold, is not a controlled substance, and a DEA registration is not required to grow or research it.
This is great news for small CBD businesses around the country. With the current state of the CBD industry in the gray area its wonderful news to everyone.
While the USDA and FDA are currently creating guidelines on the regulation of CBD the Justice Department news release brings us one step closer to full transparency.
The clarity from the DOJ and the Drug Enforcement Administration comes as law enforcement agencies are clouded in confusion about hemp and the oil that is extracted from it — neither of which can get a person high.