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DEA Secretly Files Document Making All Marijuana Extracts Schedule 1 Drugs


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CBD DEA

On December 14, the Drug Enforcement Agency (DEA) clandestinely filed a document to amend the Schedule I Controlled Substances Act to include a new subparagraph that will tighten regulations for marijuana extracts, including cannadidiol (CBD). The new drug code subparagraph, titled Establishment of a New Drug Code for Marihuana Extract, becomes effective on January 13, 2017.

The DEA’s summary of the new code says that they are “creating a separate code number for marihuana extract with the following definition: ‘Meaning an extract containing one or more cannabinoids that has been derived from any plant of the genus Cannabis, other than the separated resin (whether crude or purified) obtained from the plant.’ Extracts of marihuana will continue to be treated as Schedule I controlled substances.”

In response to CBD, the DEA responded saying: “For practical purposes, all extracts that contain CBD will also contain at least small amounts of other cannabinoids. However, if it were possible to produce from the cannabis plant an extract that contained only CBD and no other cannabinoids, such an extract would fall within the new drug code.”

On Jan. 13, 2017, CBD and all other extracts derived from the cannabis plant (whether psychoactive or not) will be federally enforced like other Schedule 1 drugs, such as heroin, LSD, marijuana, and ecstasy.

Any business licensed to handle marijuana extracts must update their business registration within 30 days of the document being published (December 14, 2016) or they’ll be in violation of federal law.


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Arizona legalized marijuana for recreational use in November 2020. The law allows adults aged 21+ to purchase, possess and use cannabis. State-licensed cannabis dispensaries began selling recreational marijuana in early 2021. There are over 150 dispensaries in Arizona — a majority of them are in populous areas such as Phoenix, Tucson and Flagstaff. Recreational cannabis delivery services began operating in 2024.  


AZ Cannabis Updates