Non-psychoactive hemp is not included in Schedule I of the Controlled
Substances Act. Hemp is legal to import, sell, and consume in the
United States. Our hemp products are considered food or dietary
supplements, and our CBD is a natural constituent of the hemp plant/
hemp stem & stalk oil and is not synthetic or artificial; therefore, our
naturally-derived, industrial hemp-based CBD is exempt from Schedule I
just as any other constituent of non-psychoactive industrial hemp is.
The United States Court of Appeals for the Ninth Circuit in Hemp
Industries Assn., v. Drug Enforcement Admin., 357 F.3d 1012 (9th Cir.
2004), recognized that “non-psychoactive hemp [that] is derived from
the ‘mature stalks’ or is ‘oil and cake made from the seeds’ of the
Cannabis plant, …fits within the plainly stated exception to the CSA
definition of marijuana.” Id. at 1017. As such, the court determined
that the government (i.e. DEA) has no authority under current law to
completely ban “THC that is found within the parts of Cannabis plants
that are excluded from the CSA’s definition of ‘marijuana’ or that is not
synthetic.” Id. at 1018.
Industrial hemp is legal to import under the Controlled Substances
Act (CSA). Since 1937, the federal statute controlling marijuana has
excluded the stalk, fiber, oil and sterilized seed of the plant Cannabis
sativa L., commonly known as hemp, from the definition of marijuana. 21
U.S.C. § 802(16), and again in reference to 2-6-04 Ninth Circuit Court of
Appeals ruling.