Legal status

Comments on the current legal status of cannabidiol in the USA
(as an ingredient of the hemp plant (Cannabis sativa L.))

In the Controlled Substances Act (CSA) cannabidiol is not listed specifically in Schedule I nor in any of the other schedules. Nevertheless the legal status of Cannabidiol in the United States is not immediately clear.

Partly it is presumed that cannabidiol is as a Schedule I controlled substance because of the listing of “Marihuana” under Schedule I of the CSA. However cannabidiol is unlikely to be considered as a Schedule I drug on the basis of being covered by the listing of “Marihuana” or by the listing of “Tetrahydrocannabinols” under Schedule I of the CSA:

“Marijuana” is defined by the CSA as “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.” Exempted from regulation under the definition are “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.”

In 2001 a DEA Interpretive Rule stated that the definition of marijuana was intended to include those parts of marijuana which contain THC and to exclude those parts which do not. Cannabidiol – regardless if isolated by extraction from marijuana sources or synthetically produced – does not contain THC. Therefore it stands to reason that cannabidiol is not covered under the prohibition on marijuana.

The same applies for Tetrahydrocannabinol, also listed under Schedule I of the CSA: THC does not contain cannabidiol. So it also stands to reason that cannabidiol is not covered under the prohibition on THC.

Furthermore, cannabidiol was not placed into Schedule I when The Controlled Substances Act was amended in July 2012 with the US Congress’ passing of the Synthetic Drug Abuse Prevention Act of 2012 (SDAPA).

Accordingly it is considered most that cannabidiol is not be classified as a Schedule I drug of the CSA.

 

Comments on the current legal status of cannabidiol in Germany

Cannabidiol is an ingredient of the hemp plant.

According to section 1 subsection 1 BtMG (Narcotics Act) narcotics are defined as all substances and preparations which are listed in Annexes I to III of the BtMG. Substances that are not listed in the Annexes are, as a result, not subject to the provisions of the BtMG.

Cannabidiol is not explicitly listed in the Narcotics Act (BtMG).

In contrast to the provisions of the AMG (Medicinal Products Act) on the prescription requirement, there is no catch-all definition which automatically includes new agents in the BtMG.

Thus, it is a fact that cannabidiol is not considered a narcotic so far. As a result, the provisions of the BtMG are not applicable.