Is CBD a scheduled drug?

[epicseeds]

I am confused.

I dont know if many of you have heard of a product Dixie Elixirs but on their website they claim that their CBD tincture is federally legal.

Dixie Elixirs & Edibles is excited to announce three new product lines containing Federally legal CBD (Cannabidiol). This all natural extract from industrial hemp as defined by the United Nations provides powerful pain relief and is not regulated under the Controlled Substance Act.

These THC-free medicinal hemp products will soon be available in Colorado and throughout the United States by mid-Summer 2012.

The legal status of CBD is somewhat
muddled. Cannabidiol is conspicuously
absent from the DEA’s recently updated
Medical Marijuana, Inc. Pitching CBD Products
list of proscribed drugs. But “marijuana,”
including CBD-rich varieties, continues to
be listed as a controlled substance.

source

However wikipedia and almost every other website I find on google state it a schedule 1 drug.

Q: CBD is non-psychoactive. Does that mean it is legal?
A: No. Technically, CBD is forbidden in any form (pure or from a plant) in the USA, despite its total lack of addictive potential or any rational danger. Cannabidiol and all other phytocannabinoids are Schedule I drugs in the USA. The code number for cannabidiol in Schedule I is 7372. It is not psychoactive, but it is illegal in the eyes of the federal government. You may find it listed here: under Schedule I where it says tetrahydrocannabinols. The part saying "and others" includes all phytocannabinoids, even CBD. The situation is different in other countries. In many, CBD is not controlled at all.

source

Insight?

 

[Hammerhead]

I dont think so. it's not a intoxicant. You wont get high from it... Its a anti inflammatory with other healing properties. if im remembering correctly... I think they list it as illegal because you have to get it from a Illegal source. CBD is only available from cannabis/hemp

 

[epicseeds]

I dont think so. it's not a intoxicant. You wont get high from it... Its a anti inflammatory with other healing properties. if im remembering correctly...

if anyone can provide literature to solid evidence about this it would be much appreciated. i would hate to send it to my mother for medicinal purposes to a non legal state.

 

[Hammerhead]

read my edit

 

[epicseeds]

read my edit

Thanks for confirming my initial thoughts as well. What a shame. I wonder how Dixi Elixir can claim it is federally legal.

 

[FoCo(No.Co)]

i would hate to send it to my mother for medicinal purposes to a non legal state.

How would you go about doing that? Do you have a way to isolate cbd? Got a strain that doesnt produce thc? Is someone already marketing pure cbd?

Sorry to regress, just curious.

 

[Hammerhead]

after they make the product cbd alon is not illegal.. CO has a place that makes those drinks state legal. After the process is done and there is only CBD left in the drink its ok i THINK???????to send anywhere. Its the processing of the cannabis thats fed illegal.. I would not have any problems sending anyone a 6 pack of CBD Elixir...

 

[G.O. Joe]

Title 21 United States Code
Section 802. Definitions
(15) The term "manufacture" means the production, preparation, propagation, compounding, or processing of a drug or other substance, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of such substance or labeling or relabeling of its container; except that such term does not include the preparation, compounding, packaging, or labeling of a drug or other substance in conformity with applicable State or local law by a practitioner as an incident to his administration or dispensing of such drug or substance in the course of his professional practice. The term "manufacturer" means a person who manufactures a drug or other substance.

(16) 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.

 

[epicseeds]

How would you go about doing that? Do you have a way to isolate cbd? Got a strain that doesnt produce thc? Is someone already marketing pure cbd?

Sorry to regress, just curious.

they make a tincture that is 99% CBD called dixi dew drops

http://dixiebotanicals.com/

Dixie Botanicals Dew Drops are a sublingual hemp oil dietary supplement with Cannabidiol (CBD). Available in two concentrations.

I have personally tried them myself. They give decent back pain and mild anxiety relief at recommended dose. When x4 the dose it does an excellent job.

Next time I get a bottle I plan on putting them in my electronic cig as I have read the the bioavailability is like 10x better when smoked vs orally.

I still am not convinced that I can legally purchase these and ship them out of state. I have emailed a well known CO lawyer as well as the dixi website for advice. I will keep you guys posted.

Title 21 United States Code
Section 802. Definitions
(15) The term "manufacture" means the production, preparation, propagation, compounding, or processing of a drug or other substance, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of such substance or labeling or relabeling of its container; except that such term does not include the preparation, compounding, packaging, or labeling of a drug or other substance in conformity with applicable State or local law by a practitioner as an incident to his administration or dispensing of such drug or substance in the course of his professional practice. The term "manufacturer" means a person who manufactures a drug or other substance.

(16) 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.

What is this saying exactly? I'm not so good at interpreting lawyer mumbo jumbo. From the first portion I obviously am not a manufacturer. The second portion where it says

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.

leads me to believe that the hemp plant does not apply, correct?

PS - what is this from?
​

 

[Hammerhead]

Im going to try the 100mg. its to expensive for the 500mg. 50$ for 100mg is enough

 

[epicseeds]

Im going to try the 100mg. its to expensive for the 500mg. 50$ for 100mg is enough

For me, it took anywhere from 4-8 full droppers full to completely mask my back pain. Keep it under your tongue for as long as possible.

I would suggest trying to smoke it. As I said, the bioavailability is much much higher when vaporized. Do you happen to have an ecig?

 

[Sam_Skunkman]

CBD is illegal in the USA be it ectracted from Hemp or high THC Cannabis. Or even if produced syntheticlly in a lab.
Posession of CBD is also illegal under federal and most states law. It is illegal to post.
Hemp is illegal to grow under federal law.
All that said, I have no idea if Dixie Elixirs can sell their product without getting into federal legal problems, time will tell...
-David

 

[Hammerhead]

I just bought the small bottle im in Cali....Sending this from another state is a seperate crime.. Theres not much CBD in it..


SUPPLEMENT FACTSServing Size 15 drops (1/2 dropper)
Servings per Container: 80 (approx)Amount Per Serving% Daily Value (DV) *Hemp extract (stem & stalk)1.25 mg*Cannabidiol (CBD) 1.25 mg** The Percent Daily Values not established

 

[hush]

CBD is most certainly a scheduled molecule. That's not to suggest that people aren't manufacturing it and/or selling it, because obviously that's being done... but no, it is NOT legal within the confines of the U.S.

As excerpted from the Controlled Substances Act:

Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substances, or which contains any of their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

...then it goes on to list several drugs, and "marihuana" is in the list. Even though CBD doesn't appear to be specifically listed, they repeatedly mention in the act itself that "marihuana" and all of its cannabinoids are controlled. But, just in case that's not proof enough for everyone, there is also a little law called the Controlled Substances Analogue Act which states:

The Federal Analog Act, 21 U.S.C. § 813, is a section of the United States Controlled Substances Act passed in 1986 which allowed any chemical "substantially similar" to a controlled substance listed in Schedule I or II to be treated as if it were also listed in those schedules, but only if intended for human consumption.

Don't think that law ever gets enforced? Do yourself a favor and research "Operation Web Tryp."

 

[Hammerhead]

That ended in 2004? Operation Web Tryp..

I got a reply from them here is there responce

Thank you for your interest in Dixie Botanicals!


The hemp oil used in these products is derived from the stalk and stem of the industrial hemp plant. We cultivate the plants overseas and then extract the oil from the plant and infuse it into these products.

Under current US law it is legal to manufacture and distribute products made from industrial hemp as long as the THC content is .3% or lower. These products test around .03%, a full 10 times below the legal threshold.

Only cannabidiol from the marijuana plant is still considered illegal. Cannabinoids are natural constituents found in both marijuana and hemp, THC and CBD being two main cannabinoids. These products are legal to distribute in all 50 states.


I hope this information helps. Please let me know if I can be of further assistance.

 

[hush]

I know, I was just saying, there is legal precedent that exists that actually enforces the Analogue Act. That's all.

 

[CrazyKoala]

Why does this question keep popping up? GO Joe plays chemist but is unfamiliar with the Analogue Act that I mentioned multiple times on this forum and others. The simple answer is, talk to a lawyer. Some things have to be worked out in court.

It is rather irresponsible to suggest or state explicitly that CBD is legal, completely in the clear. As hush astutely pointed out, it 'can' be prosecuted under the analogue act, which depends on judicial history and the zeal of prosecutors.

This guy calls me a liar out of the blue, posts a bottle of fast blue as some sort of proof I am full of it, and is giving amateur advice on chemistry techniques that can lead to harm and injury. Chimera apparently also gives legal advice, as well as advice on BHO extraction, and organic chemistry. My advice is to be skeptical of those with a little bit of knowledge and no vested interest in your well being.

 

[Warped1]

Why does this question keep popping up? GO Joe plays chemist but is unfamiliar with the Analogue Act that I mentioned multiple times on this forum and others. The simple answer is, talk to a lawyer. Some things have to be worked out in court.

It is rather irresponsible to suggest or state explicitly that CBD is legal, completely in the clear. As hush astutely pointed out, it 'can' be prosecuted under the analogue act, which depends on judicial history and the zeal of prosecutors.

This guy calls me a liar out of the blue, posts a bottle of fast blue as some sort of proof I am full of it, and is giving amateur advice on chemistry techniques that can lead to harm and injury. Chimera apparently also gives legal advice, as well as advice on BHO extraction, and organic chemistry. My advice is to be skeptical of those with a little bit of knowledge and no vested interest in your well being.

Who's gonna cover your ass if you don't? Right?

 

[G.O. Joe]

GO Joe plays chemist but is unfamiliar with the Analogue Act that I mentioned multiple times on this forum and others.

it 'can' be prosecuted under the analogue act

This guy calls me a liar out of the blue

Only incidental to calling you a troll that came out of the blue, which you always have been and have never tried to hide.

Clearly, the law I quoted is the one that applies, and not the one mentioned by the lying troll. Had it at all been interested in truth, it would have actually read what I posted, and maybe even looked further in the quoted section 802:

(32)(A) Except as provided in subparagraph (B), the term "controlled substance analogue" means a substance --

(i) the chemical structure of which is substantially similar to the chemical structure of a controlled substance in schedule I or II;

(ii) which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II; or

(iii) with respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II.

(B) Such term does not include --
(i) a controlled substance;

 

[CrazyKoala]

Only incidental to calling you a troll that came out of the blue, which you always have been and have never tried to hide.

Clearly, the law I quoted is the one that applies, and not the one mentioned by the lying troll. Had it at all been interested in truth, it would have actually read what I posted, and maybe even looked further in the quoted section 802:

(32)(A) Except as provided in subparagraph (B), the term "controlled substance analogue" means a substance --

(i) the chemical structure of which is substantially similar to the chemical structure of a controlled substance in schedule I or II;

(ii) which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II; or

(iii) with respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II.

(B) Such term does not include --
(i) a controlled substance;

I won't stoop to your level of mindless name calling out of respect for the forum.

I will say, the legal understanding of analogue is separate from the chemist's understanding of analogue, and you would need a day in court to try to define it in a preferable manner different from historical precedent, which has tended towards broad definition.

Second, my opinion is based upon professional consultation not scientific opinion. Whether or not you believe CBD is a direct or indirect CNS stimulant or depressant is moot. The point simply is that interpretation depends upon legal precedence which presents a real risk.

Let's keep the discussion civilized. You went out of your way to try to 'prove' something as if a bottle of fast blue says anything about what I posted, which it does not. The nexus isn't there.

I probably should not have been so vindictive in exposing your pretensions when I really have nothing to prove to you.