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“One Hand Giveth The Other Hand Taketh Away”

I will touch only on domestically grown hemp as that is what our company works with. Imported hemp products are another story and if they are from stalk resin are in clear violation of the CSA. It is our position that the Farm Bill is a federal enacted by congress and signed by the POTUS. Federal Law is the supreme law of the land and it would take a act of congress to amend it.

A final rule was enacted by the DEA that amends 21 CFR 1308 to create a new Administration Controlled Substances Code Number for “Marihuana Extract”. This new code number “will allow DEA and DEA-registered entities to track quantities of this material separately from quantities of marihuana. This, in turn, will aid in complying with relevant treaty provisions.

The Rule defines “marijuana extract as “an extract containing one or more cannabinoids that has been derived from any plant of the genus Cannabis, other than the separated resin (whether crude or purified) obtained from the plant.” Specifically, the rule states that CBD “fall[s] within the new drug code.” The DEA contends that CBD is an illegal substance and has enacted a Rule to govern it.

“Marijuana Extracts” are legal under Federal law when they are derived from industrial hemp lawfully grown in a State that has enacted hemp laws which comply with section 7606 of the 2014 US Farm Bill. In 2014, congress specifically authorized individual states to enact pilot programs for hemp research. Hemp that is cultivated in accordance with a State that has enacted a pilot research program pursuant to the Farm Bill is expressly legal. By default, extracts from such a plant are legal. The Appropriations Act of 2016 sec 763 prohibits any Federal funds from being used to prohibit the transportation, processing, sale or use of industrial hemp that is grown or cultivated in accordance with section 7606 of the Agricultural Act of 2014, within or outside the State in which the industrial hemp is grown or cultivated.” As with the above, the DEA lacks authority to make illegal that which Congress has expressly legalized.

About Green Lotus Hemp

Green Lotus Hemp
600 17th Street Suite 2800
Denver, CO 80202
Phone: 888-811-HEMP (4367)
(Not a Retail Store)