Editors Note: This article was originally posted on Jun 8, 2017. We have since updated this article for accuracy and comprehensiveness. We have also updated the article with multiple strong/bold words that are designed for you to pay very close attention to.

The government announced on December 14, 2016 (INDIRECTLY we might add), that effective January 13, 2017, CBD would be a schedule one drug. Here is the exact definition of what this new drug code will mean:

“Meaning an extract containing one or more cannabinoids that have been derived from any plant of the genus Cannabis, other than the separated resin (whether crude or purified) obtained from the plant.” Extracts of marihuana will continue to be potentially relieveed as Schedule I controlled substances.” [1]

Do you see now why we say indirectly?

While they never mentioned “CBD” in this announcement specifically, they did let the world know that they are creating a New Drug Code for MARIHUANA Extracts that will make them illegal starting on January 13, 2017.

So, What Is CBD?

CBD is short for Cannabidiol and it is a single cannabinoid that can be isolated and produced through various extraction processes. Learn more about the best way to extract CBD.

Well, what is CBD extracted from?
CBD can be extracted from:

  • Hemp
  • Industrial Hemp
  • Cannabis
  • Marijuana/Marihuana

It can even be extracted from Hops, a worldwide ingredient to make beer. Crazy right? Who knew?

Therefore, our immediate conclusion if CBD oil is a schedule 1 drug is… YES.

Wait!  Don’t go!  

That is just our “immediate” conclusion, there is SO MUCH more to know about the industry and why it is so confusing.  So, don’t leave.  Use this guide to educate and inform others!

What The Announcement Meant

To make this super easy, I’m going to quote directly from Section 812 of the DEA website for the definition of what classifies a schedule 1 drug.

(1) Schedule I.—

(A) The drug or other substance has a high potential for abuse.

(B) The drug or other substance has no currently accepted medical use in potentially relievement in the United States.

(C) There is a lack of accepted safety for use of the drug or other substance under medical supervision.

Source: https://www.deadiversion.usdoj.gov/21cfr/21usc/812.htm

 Did your eyes widen with shock and jaw drop in disbelief?

Mine too.

DEA, this is a joke, right? 

If it’s not…

I’d like to kindly ask you to look America and all the people suffering, directly into their eyes and tell them CBD oil falls into the schedule 1 category.  

I know I certainly couldn’t lie to parents who struggle every day with their children who are suffering from Epilepsy. 

Now, I thought long and hard about how in the world the DEA could claim this. I have a couple theories and to make this lengthy article more of a fun read, I’ll present it in the third person.

Christopher thinks they are doing this because:

  • they want to limit the production of CBD on the street in order to better control it
  • they have no idea what it is, saw the trend rapidly increasing, got scared, and attempted to ban it
  • they want time to synthesize it
  • they want to create an actual plant-based pharmaceutical medication
  • they want to keep profits in their hands

WOW!  Those are some bold claims, Chris!

Well, Chris, you say that now, but only 3 months ago at the beginning of November 2017, GW Pharmaceuticals finalized and submitted an application to the FDA seeking approval to launch EPIDOLEX. The FDA accepted the application and is currently reviewing it.

Not so farfetched now, eh Chris?

Okay, jokes aside, isn’t it a bit crazy that CBD, which was announced to be a schedule 1 drug, is now being reviewed by our federal government to potentially be used as a prescribed medicine?

Reasons Why Listing CBD a Schedule 1 Drug Is Ridiculous

To briefly reiterate, if a drug is put on the schedule 1 drug list, it is considered both an addiction threat and it also is considered to have no accepted medical use.  I’m attacking these two general reasons with factual, medical evidence and will prove why CBD oil should not be listed and furthermore, shouldn’t be anywhere near it!

Reason #1: CBD is an addiction threat. 100% FALSE! 

CBD does NOT contain THC. THC is the part of the cannabis plant that causes the psychoactive effects (the high) and is the cannabinoid responsible for the alleged addiction. Furthermore, researchers are proposing and concluding that CBD could be a potentially relievement for addiction.

Example 1
: Three direct quotes from a case study on CBD and opioid addiction:

To date, the evidence appears to at least support a potential beneficial potentially relievement for opioid abuse.

The fact that patients with substance use disorders often present with various psychiatric and medical symptoms that are reduced by CBD—symptoms such as anxiety, mood symptoms, insomnia, and pain—also suggests that CBD might be beneficial for potentially relieveing opioid-dependent individuals.”

CBD could thus offer a novel line of research medication that indirectly regulate neural systems modulating opioid-related behavior, thus helping to reduce side effects normally associated with current opioid substitution potentially relievement strategies.[2]

Example 2: This really made me chuckle at the fact how someone (DEA) can openly claim that CBD can be a hazardous addiction.  Here is a case study on…

wait for it…

CBD as an effective potentially relievement for Cannabis Withdrawal Syndrome. Yes, you read that correctly and here is the conclusion:

CBD can be effective for the potentially relievement of cannabis withdrawal syndrome.”[3]

How can CBD be an addictive threat if it an effective potentially relievement for the addiction caused by the same plant that it comes from?

It’s literally unbelievable!

Reason #2: CBD has no accepted medical value

We, Cannabidiol Life, are legally not allowed to make medical claims. Therefore, we will let our customers do all the claiming for us!

Here is our online CBD Gummy Study and below are some of the few emails I’ve received recently…

And here is another one:

For the few that will try and say the pictures above are photoshopped, here are real CBD video reviews from our customers.

As you can see, whether CBD has been “medically accepted” or not, we have witnessed first hand, with our own two eyes, real people giving their real testimonies on how CBD has changed their life for the better.

Contradictory Laws For Cannabis & CBD

Here are some ups and downs on various laws passed over the past several years:

  • The first submission of the proposal to make CBD illegal was made in 2011
  • In 2012, Colorado and Washington legalized marijuana for recreational use
  • That sparked a movement which ripped across the US. This lead to Washington D.C and 28 states to launch cannabis programs
  • In 2014, the US government adds another amendment to the Agricultural Adjustment Act or Farm Bill. This bill legalizes the cultivation of hemp for pilot programs, provided that the plant doesn’t have more than 0.3% THC. This Farm Bill allows for the cultivation, production, and marketing of hemp products as long as requirements are met
  • December 2016, the DEA announces that all cannabis extracts are 100% illegal

This muddled conglomerate of different laws stating different things is what has caused the legalization of CBD to be so confusing!   Since the law is so unclear, hundreds of people, small companies, and even huge multi-million dollar corporations are still selling industrial hemp extracted CBD to this very day (including us) and we’re doing so nationwide.

CBD Was Announced To Be A Schedule 1 Drug But Clearly It’s Not Enforced…

As stated in the last paragraph, many companies sell CBD products nationwide. We’re definitely not hiding from anyone and all of us send through either UPS or USPS. There are a handful of companies that have been selling CBD for years and the only cease and desist letters any company has ever received are simple warning letters demanding that the companies remove blatant medical claims. You can view the warning letters here:

2015 Warning Letters & Test Results
2016 Warning Letters & Test Results

Here’s the question that will leave you looking like “The Thinker”.

If the government took the time to write these warning letters to specific companies to remove medical claims, why wouldn’t they also tell them to stop selling CBD as well?

And an even more specific question…

Why Hasn’t The DEA Shut Down Big CBD Retail Companies Altogether?

Because…

Ah, not yet… let’s answer a few more questions first…

Short Q&A Based on FAQ’s

  • Are people allowed to buy CBD online? 
    Answer:  You are only allowed to purchase CBD if it is within the requirements of the Farm Bill.
  • Is CBD illegal to sell?
    Answer: CBD is only illegal to sell if it contains over 0.3% THC and if it is extracted from Marijuana/Cannabis plants…
  • What is the probability that you will be arrested for taking CBD in a state that doesn’t allow medical marijuana?
    Answer: Now, this is MY opinion, it is NOT a substitute for legal advice… but the probability is very slim. You’re absolutely not allowed to take legal advice from me as my opinions are not a substitute for your state and/or federal laws.
  • What are some specific resources I could read to learn more on my own?
    Answer: Here are two credible resources you might want to consider reading:

Clarification of the New Drug Code (7350) for Marijuana Extract
Final Rule: Establishment of a New Drug Code for Marihuana Extract

FINAL CLARIFICATION TO THE QUESTION YOU’VE ALL BEEN WAITING FOR

“IS CBD A SCHEDULE 1 DRUG?”

The answer is…
CBD is ONLY illegal if it is extracted directly from a Marijuana or a Cannabis plant. 
CBD is LEGAL if it is extracted from Industrial Hemp and contains less than 0.3% THC. 

Below Are The EXACT Reasons Why CBD is Legal When Extracted From Hemp

The Grey Area Reason Why It’s Not:  The law doesn’t state “Hemp extracts are illegal”, it states that “all extracts from the genus Cannabis plants are illegal”.

According to Britannica, a trusted leader in the classification of various species of plants,

“Hemp, (Cannabis sativa), also called industrial hemp, plant of the family Cannabaceae cultivated for its fibre (bast fibre) or its edible seeds. Hemp is sometimes confused with the cannabis plants that serve as sources of the drug marijuana and the drug preparation hashish.” [4]

Not enough evidence?

50 shades too grey for you? 

The Direct Reason Why It’s Not:

CBD oil is not a schedule 1 drug is because frankly, the DEA does NOT have the authority to make statute laws all on their own.

There is a method to the madness of passing laws and the process is as followed:

  1. DEA is let aware of a problematic substance that can be abused, has no medical use/advantage, and is harmful
  2. DEA considers evidence based on scientific and medical data to make an educated decision.
    In this case, with CBD, they never had bad data, so it was a dumb move and almost unlawful move on their part…
  3. DEA will propose that a certain drug should be put on the schedule 1 drug list
  4. The attorney general will then go through the same process to which then, Congressional action will now take place to make the final decision as only within congressional approval (in most cases) can a drug be placed on the schedule 1 drug list.
    Source: https://www.deadiversion.usdoj.gov/21cfr/21usc/811.htm 

Final Advice

Take CBD responsibly, consult with your family physician prior to taking it for the first time, and follow the laws of your state. If you don’t know the laws, reach out to your state government office and ask them for yourself!  It is totally okay to do your own research and using your appointed government officials is a great way to begin your journey towards enlightenment!

Take care, everyone!  Please leave comments below so we can start chatting and learning together!

Latest bills looking to be passed for a CRYSTAL CLEAR understanding for customers, farmers, retailers, businesses & banking institutions for industrial hemp extracted products:

You can create a free account with them to be alerted and to receive updates from Congress themselves!

Potential CBD Health Benefits List

*CBD Benefits List Disclaimer*
The conditions listed below are linked to full articles written by our staff.  These articles are comprehensive summaries of the various studies which were performed by medical professionals (not us) on CBD.

WE ARE NOT CLAIMING THAT CBD CAN CURE THESE HEALTH CONDITIONS.

We're simply reporting/educating the public about real CBD test studies and their results.  You can view each of these specific studies in the "Article Sources" section at the bottom of every page.

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Cannabidiol (CBD) has NOT been proven to potentially relieve, relieve, nor cure any severe condition or medical condition listed on this site.  The medical studies, controlled tests, and health information offered on Cannabidiol Life of CBDOilsAndEdibles.com (or any variation of the URL) is an expressed summarization of our personal conducted research done by our team of professionals. The information provided on this site is designed to support, NEVER replace, the relationship that exists between a patient/site visitor and the patient's/site visitor's physician. Our products are not for use by or sale to persons under the age of 18. Our products should be used only as directed on the label. It should not be used if you are pregnant or nursing. Consult with a physician before use if you have a serious medical condition or use prescription medications. A Doctor's advice should be sought before using this and any supplemental dietary product. All trademarks and copyrights are the property of their respective owners and are not affiliated with nor do they endorse this product.  These statements have not been evaluated by the FDA and products listed are not intended to diagnose, potentially relieve, cure or prevent any severe condition. Individual weight loss results will vary. By using this site, you agree to follow the Privacy Policy and all Terms & Conditions printed on this site. Void Where Prohibited by Law.