The industrial-hemp industry may have gotten a nod of approval from the Drug Enforcement Administration in late May, when the agency clarified that not all compounds of cannabis fall under the Controlled Substances Act. Referencing a 2004 decision by the Ninth Circuit Court of Appeals that excluded non-psychoactive cannabinoids from the federal government’s definition of marijuana, the announcement came after the DEA says it had received numerous inquiries on the matter.
“Products and materials that are made from the cannabis plant and which fall outside the CSA definition of marijuana (such as sterilized seeds, oil or cake made from the seeds, and mature stalks) are not controlled under the CSA. Such products may accordingly be sold and otherwise distributed throughout the United States without restriction under the CSA or its implementing regulations,” reads an internal directive from the DEA dated May 22. “The mere presence of cannabinoids is not itself dispositive as to whether a substance is within the scope of the CSA; the dispositive question is whether the substance falls within the CSA definition of marijuana.”