[May 13, 2002 (Volume 67, Number 92)]
[Unified Agenda]
From the Federal Register Online via GPO Access [frwais.access.gpo.gov]
[DOCID:ua13my02_011-54]                         

[Page 33247]
 
Department of Justice (DOJ)                            Final Rule Stage
 
Drug Enforcement Administration (DEA)

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1375. 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. 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:
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Clarification of Listing of Tetrahydrocannabinols  NPRM 10/09/01 (66 FR 
51535)  NPRM Comment Period End 12/10/01  Final Action 05/00/02

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 05/00/
02

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 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
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