“The term ‘marihuana’ means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. Such term does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination”
The above is the residing definition of marijuana, and although sounding contradictory, here is how the new Drug Code 7350 breaks down.
Extracts such as CBD that are derived from “the mature stalks” or “sterilized seed” of the marijuana plant is not considered “marihuana” and therefore not within the margins of the Controlled Substance Act. In the words of the DEA:
“The industrial processes used to clean cannabis seeds and produce seed oil would likely further diminish any trace amounts of cannabinoids that end up in the finished product. However, as indicated above, if a product, such as oil from cannabis seeds, consisted solely of parts of the cannabis plant excluded from the CSA definition of marijuana, such product would not be included in the new drug code (7350) or in the drug code for marijuana (7360), even if it contained trace amounts of cannabinoids.5″
The only thing is that without a system for tracking, there is pretty much no way of determining whether or not CBD in its chemical state is derived from hemp, marijuana, or the marijuana stalk.
The DEA has been at constant odds with state legislation over the past years and has been confused in its own classification of cannabis and its extracts. However, according to their most recent bulletin, it seems they have provided businesses a small pinhole for selling, purchasing and consuming cannabinoids such as CBD.