Hello there... hopefully this post will help.
We are in a rec/med legal state, however, NO state which has legalized either med or rec is compliant with Federal laws. The DEA is a federal agency. Cannabis in any form is a Schedule 1 product. Schedule 1 substances are scheduled as such because they have a) shown now scientifically-based therapeutic benefit and b) they are highly likely to be abused. I am NOT here to debate the these points, just to lay out the facts. The DEA regulates all scheduled products.
The DEA will not license anyone in the rec/med industry to handle schedule 1 products. The only facilities with schedule 1 licensing would be university and government programs which are involved with heavily monitored research.
If you have a DEA license as a business and ask for a schedule 1 - be prepared for some heavy scrutiny, a decline and close monitoring of your activities. If you do not yet have a DEA license... you will not get one for schedule 1. If you have a DEA license and want to test rec/med, you are jeopardizing your business.
All that said, depending on your state, you may be able to perform testing as a cannabis only lab until the federal government decides to check you out. Remember too, that unless your state has instituted banking regulations that allow cannabis companies bank access, you will be receiving cash-payments. That is a very unusual activity for a testing laboratory... so your bank will be interested and is obligated to report cash-heavy accounts (if they are FDIC insured). If you receive any percent of your income as a business from a federally illegal enterprise, your assets can be held in investigations.
Also, if your testing products are sent to you by any mail/fedex/ups carrier that is a violation of inter-state commerce which pops you into federal jurisdiction.
I think that above answers #1 pretty well.
#2 would be addressed to your state agency that regulates cannabis operations (including hemp).
#3 No... anything derived from cannabis is schedule 1; the DEA just came out and reiterated their stance on CBD oil in the last month or so.
#4 if you still think that this is a good idea, just go to the DEA website. It is pretty self-explanatory.
Remember, the only way to ensure that something like the THC level might be below the state HEMP level is to test. Until testing is complete, it is all the same thing.
Even though the Obama administration instructed the AG to de-prioritize cannabis activities in states with legal programs, that action was NOT LAW. The new administration's AG is not likely to continue this relaxed consideration. Also, DEA districts are authorized to address situations in their jurisdictions as they deem necessary. DEA can and will enforce federal law.
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Jennifer Travis
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Original Message:
Sent: 17-Feb-2017 12:17
From: Anonymous Member
Subject: Non-FDA requirements - cannabis
This message was posted by a user wishing to remain anonymous
A company is planning to create a new product line of topical products based on the cannabis and cannabinoid trends. In discussing testing of the raw material oil to ensure no psychoactive materials are in the material a testing lab told the company that they would need a DEA license. Several questions to the group:
1. Does the company need a DEA registration if they are ensuring that the products they sell do not contain any psychoactive materials at analytically detectable levels?
2. Are there any further registrations that the company should consider obtaining prior to working with this material?
3. Is there an accepted list that DEA, FDA or any other federal agency has established of psychoactive substances that would be considered cannabinoids and listed under CSA?
4. Can anyone provide me with the general requirements to obtain and maintain a DEA registration and license should that be a requirement here?
Thanks for your help!