Federal Court Rules In Favor of Big Pharma & Determines That CBD Has No Medicinal Value
By Alanna Ketler Published August 15, 2018
- The Facts:Despite a tremendous amount of research proving that CBD has medicinal value, the DEA still insists it is categorized as a Schedule 1 Substance in the Controlled Substances Act. The Supreme court recently decided that it has no medicinal value.
- Reflect On:Many have absolutely sworn by CBD for assisting with issues of chronic pain and for stopping seizures. When other illicit drugs such as cocaine and meth are in a less harmful category, it would seem that there are some other interests at hand here.
Last week the hemp industry in the United States faced a roadblock after the federal U.S. 9th Circuit Court of Appeals upheld a decision by the Drug Enforcement Agency (DEA) to list cannabidiol or CBD as a Schedule 1 controlled substance under the Controlled Substances Act. It’s worth pointing out that CBD has no psychoactive effects and is not the same as THC, the active ingredient that gets you high when smoking marijuana. The definition of a Schedule 1 controlled substance is as follows,
Schedule 1 (I) drugs, substances, or chemicals are defined by the federal government as drugs with no currently accepted medical use and a high potential for abuse. Schedule 1 (I) drugs are the most dangerous drugs of all the drug schedules with potentially severe psychological or physical dependence.
Let that sink in for a moment. Keep in mind that methamphetamine (aka crystal meth), cocaine, fentanyl, and oxycodone all fall under the Schedule 2 category in the Controlled Substances Act. I don’t know about you, but to me, something feels off about this.
Back in 2016, the hemp industry brought a lawsuit against the government when the DEA issued a “clarifying rule” that claimed CBD was in fact, an illicit drug, simply because it was a byproduct of cannabis flowers. A report released by the Denver Post explained,
Represented by Denver-based cannabis law firm Hoban Law Group,the Hemp Industries Association and other hemp businesses challenged the DEA’s rule and alleged the agency overstepped its bounds by essentially scheduling substances — notably cannabinoids — that were not classified as illicit in the Controlled Substances Act. Additionally, they argued, the hemp- derived extracts rich in CBD, or cannabinol, are protected under state laws and Farm Bill provisions.
The rule could be misinterpreted by other federal and local agencies, leading to unlawful product seizures and chill a booming multibillion-dollar hemp products industry, Hoban attorneys had said.
The DEA responded by claiming that they had simply provided clarification to the existing law, and stated that their decision, “makes no substantive change to the government’s control of any substance.”
Again, the DEA is failing to acknowledge the major difference between industrial hemp, which by the way, provided the paper for the original declaration of independence to be written on, and it contains virtually no psychoactive properties. THC, on the other hand, does produce strong psychoactive effects, so the DEA maintains their stance by saying that because CBD comes from the flowering parts of the cannabis plant and cannabinoids “are found in the parts of the cannabis plant that fall within the … definition of marijuana, such as the flowering tops, resin, and leaves.”
The 9th Circuit Court of Appeals agreed to the DEA’s decision to clarify that CBD is therefore a “marijuana extract.” Thankfully, producers of CBD vowed to appeal the decision.
“We will be appealing, and we will be funding that appeal,” said Michael Brubeck, CEO of Centuria Natural Foods and a plaintiff in the case. Centuria was joined in its challenge by the Hemp Industries Association.