Site Information

 Loading... Please wait...

Legal

The 2014 Farm Bill (Agricultural Act of 2014) changed the legal status of hemp in the US forever.  Section 7606 conveyed to state Department of Agricultures, and institutions of higher learning the ability to grow, cultivate, process and market hemp so long as research projects were conducted in accordance with corresponding state and federal laws.

While a small path to accessing this American grown superfood became available, it wasn’t until a Statement of Principles, issued August 2016 by the USDA (also co-signed by DOJ/DEA and HHS/FDA), that federal agencies had a legal basis for the broad federal acceptance of hemp.   Further, recent clarification has removed most of the legal questions about the movement of hemp and hemp-derived products over state and international lines.

bioRenovate products contain CBD from hemp plants grown in Kentucky. Kentucky’s leadership in hemp reform, stemming from its long history as the dominant American supplier of hemp products, has ensured that Kentucky’s farmers and processors are at the vanguard of this re-emerging agricultural commodity. Kentucky grown hemp enjoys the clarity of the agricultural production of a re-purposed crop in a jurisdiction famous for its farmers and its hemp.

 

The legal history:

NOTE: Our product consists solely of parts of the cannabis plant excluded from the CSA definition of marijuana, is not included in the new drug code (7350) or in the drug code for marijuana (7360). 

Hemp is one of the most healthy plants on earth. All hemp foods begin with the hemp plant, which is unique because it contains many of the nutrients needed to maintain a healthy diet. With a nearly perfect balance of omega 3 to omega 6, plus iron, vitamin E, and all of the essential amino acids, hemp products are said to be the most nutritionally complete food source in the world.

From seed to oil and cake, it is becoming easy to incorporate hemp into any meal. Hemp has the same advantages as other plant-based food sources. Its proteins are easier to digest than animal proteins and, because it requires far less carbon concentration, it's easier on the environment. Hemp foods are an excellent source of protein for everyone, not just vegetarians and vegans!

In 2001 the DEA attempted to ban the sale of all hemp products, including foods, fibers, and nutriceuticals. Congress then defined marijuana to focus on those parts of the cannabis plant that are the source of tetrahydrocannabinols (THC). THC is the hallucinogenic substance in marijuana that causes the psychoactive effect or “high.”

The marijuana portions of the cannabis plant include the flowering tops (buds), the leaves, and the resin of the cannabis plant. The remainder of the plant — stalks and sterilized seeds — are what some people refer to as “hemp.” However, at that time “hemp” was not a term that was found in federal law. Many businesses removed hemp products from their stores.

Fortunately, in 2004, a permanent ruling was made, blocking the DEA regulations and thwarting the unfounded prohibition policy. The source of that ruling was an appeal filed by the HEMP INDUSTRIES ASSOCIATION in Federal court, against the DEA, claiming they did not follow the procedures in §§ 811(a) and 812(b) of the CSA (Controlled Substance Act) required for scheduling. 

The court found the DEA did not use the appropriate scheduling procedures to try and add non-psychoactive hemp to the list of controlled substances. The amendments to 21 C.F.R. § 1308.11(d)(27) that make THC applicable to all parts of the Cannabis plant have been therefore void by UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. The ruling subsequently granted the Appellants’ petition and permanently enjoins enforcement of the Final Rules with respect to non-psychoactive hemp or products containing it.

This opened up the Hemp industry in the United States and a once dead industry was suddenly brought back to life again. Right now, 19 US states allow varying degrees of hemp production for pilot studies, commercial production, or both. Of those, eight have laws that actually promote the growth and marketing of industrial hemp. 

Because the US is so restrictive on production, most hemp used in countrywide distribution is produced in the EU (where it’s legal) and the parts of the Cannabis plant that are legal, are legally imported to the US.

While most of the THC in cannabis plants is concentrated in the marijuana, all parts of the plant, including hemp, have been found to contain some level of THC. In Pharmaceutical quality extraction, we are able to isolate only the CBD Cannabidiol compound and discard any trace amounts of THC, making the concentrated CBD 100% legal in all 50 United States.

The existence of THC in hemp is significant because THC, like marijuana, is a schedule 1 controlled substance. Federal law prohibits human consumption and possession of schedule 1 controlled substances in any amounts. In addition, the Food and Drug Administration has not approved THC or CBD for medical use at this time.

There are tons of questions about CBD. We do not hinge our products on the CBD content alone. It is great that there is CBD in our products because hemp naturally contains CBD. We specifically process all Cannabinoids only to completely remove all the THC so our product is legal to sell. As a consequence of that process, we increase the quality to the highest possible standard, making our product the maximum-quality product available to the public.

There are many clinical studies in the United States that are currently underway to validate the medical benefits of CBD Cannabidiol. Sticking to strict FDA and FTC regulations, we do not recommend utilizing CBD for any medical use and cannot talk about any suggested medical benefits. Our product is not a drug nor being marketed as an unapproved drug and should not be used for the diagnosis, cure, mitigation, treatment, or prevention of any diseases.

We only recommend use of our product as a superfood for its amazing omega 3, 6, nutrient, CBD and vitamin content. Our product contains naturally occurring CBD that has had all THC removed, making this product legal to sell across all 52 states. We suggest opening your favorite browser in a different window if you are searching or considering using CBD specifically.

The DEA has ruled, if a product does not cause THC to enter the human body, it is a not a controlled substance and may lawfully be sold in the United States. Included in the lawful category are personal care products that contain oil from sterilized cannabis seeds and concentrated Cannabidiol as a naturally occurring compound.

Additionally; In a meeting of Congress, specifically 114th CONGRESS, 1st Session January 8th, 2015 in regards to S. 134 the amendment to the Controlled Substance Act it reads;

To amend the Controlled Substances Act to exclude industrial hemp from the definition of marihuana, and for other purposes.

The term ‘industrial hemp’ means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”.

On March 21st, 2017 the DEA put to rest, once and for all, the clarified separation of hemp and marijuana on the DEA's own website.

<<<<>>>>

Clarification of the New Drug Code (7350) for Marijuana Extract

Note regarding this rule – In light of questions that the Drug Enforcement Administration has received from members of the public following the publication of the Final Rule establishing a new Controlled Substance Code Number (drug code) for marijuana extract, DEA makes the following clarification:

The new drug code (7350) established in the Final Rule does not include materials or products that are excluded from the definition of marijuana set forth in the Controlled Substances Act (CSA).1


The new drug code includes only those extracts that fall within the CSA definition of marijuana.


If a product consisted solely of parts of the cannabis plant excluded from the CSA definition of marijuana, such product would not be included in the new drug code (7350) or in the drug code for marijuana (7360).

This further distanced marijuana from hemp and ushered in the wonderful products we offer you.