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“The DEA makes it clear they don’t have to explicitly list anything as a controlled substance as long as a substance is intended for human ingestion, not approved as a drug by the (US Food and Drug Administration), or is structurally or pharmacologically similar to another controlled substance,” he told Leafly. “This DEA rulemaking change doesn’t make it any more illegal” than it previously was. The new rule “was an administrative change,” Armentano added. “It has nothing to do with law enforcement.”
So. According to the Controlled Substance Act definition itself, certain parts of the cannabis plant are clearly illegal, while others fall into a grayer area. One of these – for the most part – is CBD extracted from the “legal” parts of the cannabis plant, and non-marijuana industrial hemp plants, which, as defined by Section 7606 of the Farm Bill are cannabis plants with less than 0.3 percent THC.
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