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New DEA Proposal in the Federal Register

Posted on November 30, 2000

Volume 65, Number 231, Unified Agenda

From the Federal Register Online via GPO Access
DOCID: ua30no00_011-52
Page 74025

Department of Justice (DOJ) Proposed Rule Stage
Drug Enforcement Administration (DEA)

1985. • USE OF MARIJUANA FOR INDUSTRIAL PURPOSES

Priority: Substantive, Nonsignificant

Legal Authority: 21 USC 802; 21 USC 811; 21 USC 812; 21 USC 871(b)

CFR Citation: 21 CFR 1308

Legal Deadline: None

Abstract: DEA is planning to publish three rules simultaneously in the Federal Register regarding the status of products manufactured from the cannabis plant. It is anticipated that the three rules will be as follows.

The first rule will be an interpretive rule, which will provide DEA’s interpretation of existing law with respect to the listing of tetrahydrocannabinols (THC) in Schedule I of the Controlled Substances Act (CSA) and DEA regulations. [Please see “Additional Information” for further details].

The second rule will be a proposed rule which will propose to revise the wording of the DEA regulations to more clearly reflect DEA’s interpretation of the law as set forth in the interpretive rule. The proposed rule would make clear that the listing of THC in Schedule I includes both natural and synthetic THC and that any substance containing any amount of THC is a Schedule I controlled substance–even if such substance is made from “hemp.”

The third rule will be an interim rule, which will exempt from application of the CSA and DEA regulations certain industrial “hemp” products. DEA would be issuing this rule to allow the continuation of what have historically been considered legitimate industrial uses of “hemp.” Under this rule, industrial “hemp” products such as paper, rope, and clothing may continue to be marketed in the United States without being subject to the CSA. At the same time, in order to protect the public health and safety, the interim rule will not allow “hemp” products that result in THC entering the human body. In this manner, it will remain clear that the only lawful way THC may enter the human body is when a person is using a federally approved drug or when the person is the subject of federally approved research.

Timetable:

Clarification of Listing of Tetrahydrocannabinols NPRM 11/00/00

Exemption from Control of Certain Industrial Products and Material
Derived From the Cannabis Plant Interim Final Rule 11/00/00

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Additional Information: While agencies are not required to include information regarding interpretive rules in the Unified Agenda, DEA is providing a description of this interpretive rule for informational purposes. The interpretive rule will provide DEA’s interpretation of existing law with respect to the listing of tetrahydrocannabinols (THC) in Schedule I of the Controlled Substances Act (CSA) and DEA regulations. The rule will further provide DEA’s interpretation of the current legal status of products containing THC. In recent months, DEA has received numerous inquiries from members of the public about the legal status of products made from “hemp” (portions of the cannabis plant excluded from the CSA definition of marijuana). As stated in this rule, DEA interprets the CSA such that any substance containing any amount of THC is a Schedule I containing any amount of THC is a Schedule I controlled substance–even if such substance is made from “hemp.”

Agency Contact: Frank Sapienza, Chief, Drug and Chemical Evaluation Section, Department of Justice, Drug Enforcement Administration, Office of Diversion Control, Washington, DC 20537 Phone: 202 307-7183 RIN: 1117AA55

Copyright © 2000, DEA. All rights reserved.