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DEA Interim Final Rule on Hemp

On August 21, the Drug Enforcement Administration (DEA) published an Interim Final Rule (DEA IFR) on Implementation of the Agricultural Improvement Act of 2018 (2018 Farm Bill). The rule became effective upon publication.

While the DEA states that the rule is to codify the statutory amendments to the Controlled Substances Act made by the 2018 Farm Bill, it creates new burdens on the cannabinoid hemp industry.

The extent of future enforcement of these new regulatory provisions is unknown, we want to make sure the industry is aware of the new restrictions these rules put in place, and what this could mean for your hemp cannabinoid business.

A few key provisions of the IFR:

  1. a cannabis derivative, extract, or product that exceeds the 0.3% delta-9 THC limit is a schedule I controlled substance, even if the plant from which it was derived contained 0.3% or less delta-9 THC on a dry weight basis.

  2. “[f]or synthetically derived tetrahydrocannabinols, the concentration of Δ9-THC is not a determining factor in whether the material is a controlled substance. All synthetically derived tetrahydrocannabinols remain schedule I controlled substances.

To learn more about the details of the DEA IFR, and how this may impact your business, we encourage you to schedule a consultation.

DEA has opened up a public comment period on the DEA IFR. The public comment period is open until October 20, 2020, 11:59pm ET (8:59pm PT).

Written comments can also be mailed to:

Drug Enforcement Administration

Attn: DEA Federal Register Representative/DPW

Diversion Control Division

8701 Morrissette Drive,

Springfield, VA 22152

*Please reference: RIN 1117-AB53/Docket No. DEA-500*

EARTH Law, LLC is available to help you draft and submit meaningful comments on the DEA IFR.

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