[December 9, 2002 (Volume 67, Number 236)]
[Unified Agenda]
From the Federal Register Online via GPO Access [frwais.access.gpo.gov]
[DOCID:ua09de02_011-66]                         

[Page 74686-74687]
 
Department of Justice (DOJ)                            Final Rule Stage
 
Drug Enforcement Administration (DEA)

_______________________________________________________________________
 
1588. INDUSTRIAL USE OF PRODUCTS AND MATERIALS DERIVED FROM CANNABIS 
PLANTS

Priority: Other Significant

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 published three rules simultaneously in the Federal 
Register regarding the status of products manufactured from the 
cannabis plant. The three rules were as follows.
The first rule was an interpretive rule, which provided DEA's 
interpretation of existing law with respect to the listing

[[Page 74687]]

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 was a proposed rule 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 made clear that 
the listing of THC in Schedule I included both natural and synthetic 
THC and that any substance containing any amount of THC is a Schedule I 
controlled substance--even if such substance was made from ``hemp.''
The third rule was an interim rule, which exempted from application of 
the CSA and DEA regulations certain industrial ``hemp'' products. DEA 
issued 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 did not allow ``hemp'' products that result in 
THC entering the human body. In this manner, it remained 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 10/09/01 (66 FR 
51535)  NPRM Comment Period End 12/10/01  Final Action 03/00/03

Exemption From Control of Certain Industrial Products and Material 
Derived From the Cannabis Plant  Interim Final Rule 10/09/01 (66 FR 
51539)  Interim Final Rule Comment Period End 12/10/01  Interim Final 
Rule Extending Grace Period 02/15/02 (67 FR 7073)  Final Action 03/00/
03

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 provided 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 further provided DEA's interpretation of the 
current legal status of products containing THC. In recent months, DEA 
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 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: 1117-AA55
_______________________________________________________________________