Dea Cannabis Seeds

Why is this declaration for marijuana seeds and legal hemp so significant? Read more… WHAT IS MARIJUANA? Marijuana is a mind-altering (psychoactive) drug, produced by the Cannabis sativa plant. Marijuana contains over 480 constituents. THC (delta-9-tetrahydrocannabinol) is believed to be the main ingredient that produces the psychoactive effect. WHAT IS ITS ORIGIN? Marijuana is grown in the United States, Canada, Mexico, South America, Caribbean, and Asia. It can be cultivated in both outdoor and indoor settings. Marijuana Clarification of the New Drug Code (7350) for Marijuana Extract Note regarding this rule – In light of questions that the Drug Enforcement Administration has received from members of

DEA Declares Marijuana Seeds Below THC Limit are Legal Hemp

https://greenlightlawgroup.com. A January letter from the Drug Enforcement Agency (DEA) revealed its official stance that marijuana seeds with a delta-9 tetrahydrocannabinol (THC) concentration lower than 0.3% on a dry weight basis are considered hemp and are not controlled under the Controlled Substances Act. This declaration is significant because a marijuana product’s legality was previously thought to be determined by whether it was sourced from marijuana or hemp. This new guidance establishes that the legality of marijuana seeds, tissue culture, and other genetic material depends solely on delta-9 THC concentration.

Guidance on marijuana seeds

The 2018 Farm Bill excluded hemp from the Controlled Substances Act (CSA)’s definition of marijuana, lifting control on all parts of the plant Cannabis sativa L., so long as such parts don’t exceed 0.3% delta-9 THC concentration. Shane Pennington, a New York attorney, wrote to DEA requesting the control status of Cannabis sativa L. seeds, tissue culture, and other genetic material of the plant under the CSA. In response, DEA conducted a statutory review of the CSA and its implementing regulations and determined that legality, and thus control status, hinges on delta-9 THC concentration.

Thus, marijuana seeds with a delta-9 THC concentration of less than 0.3% on a dry weight basis meet the definition of hemp and are not controlled under the CSA. Conversely, marijuana seeds with a delta-9 THC concentration above 0.3% on a dry weight basis constitute marijuana, which remains a Schedule I substance under the CSA.

Both hemp and marijuana seeds generally contain nominal THC levels that do not exceed 0.3%, however, this doesn’t guarantee that the resulting plant’s THC level will also fall below the threshold. By differentiating solely on the seeds’ THC concentration, it follows that DEA’s letter may have implied that individuals can legally possess what otherwise would be considered marijuana seeds, so long as the seeds have less than 0.3% THC. However, DEA’s guidance fails to address whether people may possess marijuana seeds and avoid criminal prosecution under the CSA if the plants produced from such seeds were to exceed the permitted THC concentration. Keep in mind that despite the laws in your state, it remains federally illegal to use any cannabis seeds with the intent of growing marijuana. Additionally, the DEA’s letter is only guidance without the full force and effect of the law or of official DEA regulation.

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Other guidance

In addition to guidance on marijuana seeds, DEA again relies on the delta-9 THC concentration to clarify the control status of other material derived or extracted from the cannabis plant, such as tissue culture and other genetic material. This guidance mirrors that of marijuana seeds, namely that if such material has a delta-9 THC concentration of less than 0.3% on a dry weight basis, that material constitutes hemp and is not controlled under the CSA. Conversely, material that exceeds the 0.3% delta-9 THC limit constitutes marijuana, which remains a Schedule I controlled substance under the CSA.

Watch this space for more updates on all things cannabis, CBD, hemp, and psilocybin.

You can contact Allison Campbell at [email protected] or 503-488-5424.

Cannabis

Matthew J. Strait, Senior Policy Advisor, Diversion Control Division-DEA; Before the House Energy and Commerce Committee-Subcommittee on Health, for a Hearing Entitled: Cannabis Policy-For the New Decade

What You Should Know About Marijuana Concentrates

Marijuana Concentrates—also known as “THC Extractions” (2014) is a six panel, two-sided pamphlet that provides information on the dangers of marijuana concentrates. The pamphlet also describes the common street names, how it is abused, and the dangers of converting marijuana into marijuana concentrates using the butane extraction process.

Drug Slang Code Words

This Drug Enforcement Administration (DEA) Intelligence Report contains information from a variety of law enforcement and open sources. It is designed as a ready reference for law enforcement personnel who are confronted by many of the hundreds of slang terms used to identify a wide variety of controlled substances, designer.

Marijuana

Mind-altering psychoactive drug. Dry, shredded, green/brown mix of flowers, stems, seeds and leaves from the cannabis sativa plant. THC (delta-9-tetrahydrocannabinol) is the main ingredient that produces the psychoactive effect. Addictive.

Marijuana

Clarification of the New Drug Code (7350) for Marijuana Extract

Note regarding this rule – In light of questions that the Drug Enforcement Administration has received from members of the public following the publication of the Final Rule establishing a new Controlled Substance Code Number (drug code) for marijuana extract, DEA makes the following clarification:

  • The new drug code (7350) established in the Final Rule does not include materials or products that are excluded from the definition of marijuana set forth in the Controlled Substances Act (CSA). 1
  • The new drug code includes only those extracts that fall within the CSA definition of marijuana.
  • If a product 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).
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As explained in the Final Rule, the creation of this new drug code was primarily intended to give DEA more precise accounting to assist the agency in carrying out its obligations to provide certain reports required by U.S. treaty obligations. Because the Final Rule did not add any substance to the schedules that was not already controlled, and did not change the schedule of any substance, it was not a scheduling action under 21 U.S.C. §§ 811 and 812.

The new drug code is a subset of what has always been included in the CSA definition of marijuana. By creating a new drug code for marijuana extract, the Final Rule divides into more descriptive pieces the materials, compounds, mixtures, and preparations that fall within the CSA definition of marijuana. Both drug code 7360 (marijuana) and new drug code 7350 (marijuana extract) are limited to that which falls within the CSA definition of marijuana.

Because recent public inquiries that DEA has received following the publication of the Final Rule suggest there may be some misunderstanding about the source of cannabinoids in the cannabis plant, we also note the following botanical considerations. As the scientific literature indicates, cannabinoids, such as tetrahydrocannabinols (THC), cannabinols (CBN) and cannabidiols (CBD), are found in the parts of the cannabis plant that fall within the CSA definition of marijuana, such as the flowering tops, resin, and leaves. 2 According to the scientific literature, cannabinoids are not found in the parts of the cannabis plant that are excluded from the CSA definition of marijuana, except for trace amounts (typically, only parts per million) 3 that may be found where small quantities of resin adhere to the surface of seeds and mature stalk. 4 Thus, based on the scientific literature, it is not practical to produce extracts that contain more than trace amounts of cannabinoids using only the parts of the cannabis plant that are excluded from the CSA definition of marijuana, such as oil from the seeds. 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

1 The CSA states: “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.” 21 U.S.C. § 802(16).

2 H. Mölleken and H. Hussman. Cannabinoid in seed extracts of Cannabis sativa cultivars. J. Int. Hemp Assoc. 4(2): 73-79 (1997).

3 See id.; see also S. Ross et al., GC-MS Analysis of the Total Δ9-THC Content of Both Drug- and Fiber-Type Cannabis Seeds, J. Anal. Toxic., Vol. 24, 715-717 (2000).

4 H. Mölleken, supra.

5 Nor would such a product be included under drug code 7370 (tetrahydrocannabinols). See Hemp Industries Association v. DEA, 357 F.3d 1012 (9th Cir. 2004) (Hemp II). However, as the Ninth Circuit stated in Hemp II, “when Congress excluded from the definition of marijuana ‘mature stalks of such plant, fiber . . . , [and] oil or cake made from the seeds,’ it also made an exception to the exception, and included ‘resin extracted from’ the excepted parts of the plant in the definition of marijuana, despite the stalks and seed exception.” Id. at 1018. Thus, if an extract of cannabinoids were produced using extracted resin from any part of the cannabis plant (including the parts excluded from the CSA definition of marijuana), such an extract would be included in the CSA definition of marijuana.