Biologic Hemp

  • Is CBD Legal?

    YES! All Biologic Hemp ® Products contain pharmaceutical grade LEGAL-THC-FREE-CBD!

    Our partners were issued one of the first hemp licenses in Colorado State in 2014.   All of our American hemp CBD plants are grown and distributed in full compliance with the State of Colorado, as well as in full federal compliance with §7606 of the 2014 US Farm Bill and can be sold in all 50 states. 


    Biologic Hemp or it's affiliates do no sell, distribute, or manufacture any products that are in violation of the United States Controlled Substances Act (US.CSA) 
      

    1. Zero THC, Hemp CBD Oil - *Zero means absolutely no detectable levels of THC. This is the only true full spectrum CBD extract that contains zero THC and is not diluted down.    
      

    2. Complete Whole Plant, Full Flower Profile - A proprietary extraction process uses the entire plant for a full-spectrum oil, containing a large amount of naturally present cannabinoids such as CBG, CBN, CBC, THCA, CBDA, and over 40 terpenes that have been identified that are naturally present in our products.
     

    3. Extraction & Purification Process - Proprietary extraction technology allows for high levels of cannabinoids especially CBD, CBG, and CBN, while eliminating unwanted amounts of THC and chlorophyll.
     

    4. Rigorous Testing - On-site chromatography testing ensures accurate levels of phytocannabinoids and confirms the absence of THC through proprietary processes.  ​   


    5. 3rd Party Lab Testing - All batches produced are sent to authorized 3rd Party Labs for complete analysis and verification of the internal lab test results that are conducted in-house and included with ALL orders.  ​    


    6. Quality Control - All of our CBD oils, extracts, concentrates, and finished products are manufactured in a GMP facility with the highest quality control measures in the industry. 

    To Clarify: Is CBD Legal!?

    YES! According to the SOURCE of the CBD!

    March 14th, 2017 - The DEA acknowledged that CBD is legal if it comes from a part of the cannabis plant that is itself legal, such as the mature stalk of the cannabis plant, which is excluded from the CSA’s definition of marijuana.   


    In other words, the DEA finally admitted that CBD is not illegal in and of itself; rather, it is legal (or not) based on its source.   


    Here’s what the DEA said: “The new drug code (7350) established in [the Rule] does not include materials or products that are excluded from the definition of marijuana set forth in the Controlled Substances Act (CSA). 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 is VERY IMPORTANT to understand

    This is the first time that the Federal government has explicitly stated that cannabinoids (aside from THC which is separately scheduled) are not in and of themselves illegal substances.   

    Most importantly...

    • The DEA tacitly acknowledged that CBD sourced from industrial hemp cultivated lawfully pursuant to a State’s industrial hemp laws enacted under the 2014 US Farm Bill is legal. 
    • This is because “industrial hemp” is itself specifically excluded from the CSA’s definition of marijuana in Section 7606 of the Farm Bill. 
    • Since industrial hemp is excluded from the definition of the CSA, and a “product consist[ing] solely of parts of the cannabis plant excluded from the CSA definition of marijuana” is not included in the new drug code, then such product (in our case, CBD) is also excluded from the definition of marijuana under the CSA and is thus legal, at least at the Federal level.  

    “US FARM BILL COMPLIENT HEMP IS SAFE FROM DEA”

    Check out the video below that shows Chuck Rosenburg, Acting Administrator of the Drug Enforcement Administration, state cleary for the RECORD:


    "As long as they abide by section §7606 of the 2014 US Farm Bill we are not looking to harass those who abide by that statue"

    Chuck Rosenburg: As Acting Administrator of DEA

    Question: Is CBD Legal? | DEA Clarifies... | Updated 11/09/17

    The answer really is YES and NO. It depends. NOT all CBD is created equal.   

    Here is a breakdown of the ONLY important source of information...the DEA and what they have to say about CBD.  So is CBD legal? Continue for more on CBD Legal Status...


    ALL of the information provided here is directly from the Drug Enforcement Agency (DEA)



    December 14, 2016: The DEA implements a new rule regarding Cannabidiol (CBD).

     DEA: “Final Rule establishing a new Controlled Substance Code Number (drug code) for marijuana extract” 


    Here is the Summary from the Federal Register Government Website  


    • The Drug Enforcement Administration is creating a new Administration Controlled Substances Code Number for “Marihuana Extract.”   
    • This code number will allow DEA and DEA-registered entities to track quantities of this material separately from quantities of marihuana.   
    • This, in turn, will aid in complying with relevant treaty provisions. 
    • Under international drug control treaties administered by the United Nations, some differences exist between the regulatory controls pertaining to marihuana extract versus those for marihuana and tetrahydrocannabinols.   
    • The DEA has previously established separate code numbers for marihuana and for tetrahydrocannabinols, but not for marihuana extract.   
    • To better track these materials and comply with treaty provisions, DEA is creating a separate code number for marihuana extract with the following definition:  

     “Meaning an extract containing one or more cannabinoids that has been derived from any plant of the genus Cannabis, other than the separated resin (whether crude or purified) obtained from the plant.” 

    Extracts of marihuana will continue to be treated as Schedule I controlled substances.

    • As provided in 21 CFR 1308.03, each controlled substance or basic class thereof is assigned a four digit Administration Controlled Substance Code Number (“Code number” or “drug code”) that is used to track quantities of the controlled substance imported and exported to and from the United States. 
    • Additionally, the DEA uses these code numbers in establishing aggregate production quotas for basic classes of controlled substances listed in Schedules I and II as required by 21 U.S.C. 826. Consistent with the Controlled Substances Act (CSA), the schedules contained in DEA regulations include marihuana (drug code 7360) in Schedule I. 21 CFR 1308.11(d)(23).   
    • This listing includes (unless specifically excepted or unless listed in another schedule) any material, compound, mixture, or preparation, which contains any quantity of the substance, or which contains any of its salts, isomers, and salts of isomers that are possible within the specific chemical designation.
    • Because the definition of marihuana in 21 U.S.C. 802(16) includes both derivatives and preparations of marihuana, the DEA until now has used drug code 7360 for extracts of marihuana.   
    • This Final Rule finalizes a July 5, 2011, Notice of Proposed Rulemaking (76 FR 39039) in which the DEA proposed that a new drug code 7350 be used for extracts of marihuana. 

    DEA Responds (76 FR 39039),

    In response to the Notice of Proposed Rulemaking (76 FR 39039)


    Requested clarification of whether the new drug code will be applicable to cannabidiol (CBD), if it is not combined with cannabinols. 


    DEA Response:


    • "For practical purposes, all extracts that contain CBD will also contain at least small amounts of other cannabinoids.[1]"
    • "However, if it were possible to produce from the cannabis plant an extract that contained only CBD and no other cannabinoids, such an extract would fall within the new drug code 7350.” 
    • In view of this comment, the regulatory text accompanying new drug code 7350 has been modified slightly to make clear that it includes cannabis extracts that contain only one cannabinoid. 

    Another comment from a pharmaceutical firm currently involved in cannabinoid research and product development praised DEA's efforts to establish a new drug code for marihuana extracts as a means to more accurately reflect the activities of scientific research and provide more consistent adherence to the requirements of the Single Convention.  


    1. However, the comment expressed concerns that the proposed definition for the new drug code (i.e. “meaning extracts that have been derived from any plant of the genus Cannabis and which contain cannabinols and cannabidiols”) is too narrow.   
    2. The comment suggested that the broader term “cannabinoids” be substituted for “cannabinols and cannabidiols.”   
    3. The comment pointed out that other constituents of the marihuana plant may have therapeutic potential. 
    4. The comment further clarified that the broader term “cannabinoid” includes both cannabinol-type compounds and cannabidiol-type compounds, as well as cannabichromene-type compounds, cannabigerol-type compounds, and other categories of compounds. 

    DEA Response


    • “DEA agrees with the commenter that the term “cannabinoid” would provide for a broader definition of marihuana extract; however, use of the term “cannabinoid” necessitates that the DEA clarify that the new marihuana extract category (drug code 7350) is not intended to include “cannabis resin” as defined in the U.N. Single Convention.” 
    • As discussed in the NPRM, a new drug code is necessary in order to better account for these materials in accordance with treaty obligations.   
    • The Single Convention placed “cannabis” and “cannabis resin” under both Schedule I and IV of the Convention, the most stringent level of control under the Convention.   
    • While “cannabis resin” is extracted from “cannabis,” the Single Convention specifically controls “extracts” separately.   
    • Extracts of cannabis are controlled only under Schedule I of the Convention, which is a lower level of control than “cannabis resin.” 
    • Accordingly, it is the DEA's intent to define the term “marihuana extract” so as to exclude material referenced as “cannabis resin” under the Single Convention on Narcotics.  
    • “Cannabis resin” (regulated under the CSA as a resin of marihuana) contains a variety of “cannabinoids” and will continue to be regulated as marihuana under drug code 7360.  
    • The new drug code for marihuana extracts under 21 CFR 1308.11(d)(58) will exclude the resin. 
    • Cannabis resin and marihuana resin remain captured under the drug code for marihuana (drug code 7360), thus differentiating this material from marihuana extracts (new drug code 7350).   
    • This will maintain compliance with the Single Convention. 

    DEA: Final Action

    • After careful consideration of all comments, the DEA is hereby amending 21 CFR 1308.11(d) to include a new subparagraph (58) which creates a new code number in Schedule I as follows: “(58) Marihuana Extract—7350 “Meaning an extract containing one or more cannabinoids that has been derived from any plant of the genus Cannabis, other than the separated resin (whether crude or purified) obtained from the plant.” 
    • The creation of this new drug code in the DEA regulations for marihuana extracts allows for more appropriate accounting of such materials consistent with treaty provisions. 
    • Such marihuana extracts remain in Schedule I.   
    • Entities registered to handle marihuana (under drug code 7360) that also handle marihuana extracts, will need to apply to modify their registrations to add the new drug code 7350 to their existing DEA registrations and procure quotas specifically for drug code 7350 each year. 

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

    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).
    • 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).  
    • As explained in the Final Rule, the creation of this new drug code was primarily intended to give DEA more precise accounting to assist the agency in carrying out its obligations to provide certain reports required by U.S. treaty obligations. 
    • Because the Final Rule did not add any substance to the schedules that was not already controlled, and did not change the schedule of any substance, it was not a scheduling action under 21 U.S.C. §§ 811 and 812. 
    • The new drug code is a subset of what has always been included in the CSA definition of marijuana. 
    • By creating a new drug code for marijuana extract, the Final Rule divides into more descriptive pieces the materials, compounds, mixtures, and preparations that fall within the CSA definition of marijuana. 
    • Both drug code 7360 (marijuana) and new drug code 7350 (marijuana extract) are limited to that which falls within the CSA definition of marijuana. 
    • Because recent public inquiries that DEA has received following the publication of the Final Rule suggest there may be some misunderstanding about the source of cannabinoids in the cannabis plant, we also note the following botanical considerations. 
    • As the scientific literature indicates, cannabinoids, such as tetrahydrocannabinols (THC), cannabinols (CBN) and cannabidiols (CBD), are found in the parts of the cannabis plant that fall within the CSA definition of marijuana, such as the flowering tops, resin, and leaves.2  
    • According to the scientific literature, cannabinoids are not found in the parts of the cannabis plant that are excluded from the CSA definition of marijuana, except for trace amounts (typically, only parts per million)3 that may be found where small quantities of resin adhere to the surface of seeds and mature stalk.4  Thus, based on the scientific literature, it is not practical to produce extracts that contain more than trace amounts of cannabinoids using only the parts of the cannabis plant that are excluded from the CSA definition of marijuana, such as oil from the seeds. 
    • The industrial processes used to clean cannabis seeds and produce seed oil would likely further diminish any trace amounts of cannabinoids that end up in the finished product. 
    • However, as indicated above, if a product, such as oil from cannabis seeds, 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), even if it contained trace amounts of cannabinoids.5 

    Source

    1. The CSA states: "The term 'marihuana' means 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. Such term does not include 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." 21 U.S.C. § 802(16). 
    2. H. Mölleken and H. Hussman. Cannabinoid in seed extracts of Cannabis sativa cultivars. J. Int. Hemp Assoc. 4(2): 73-79 (1997). 
    3. See id.; see also S. Ross et al., GC-MS Analysis of the Total Δ9-THC Content of Both Drug- and Fiber-Type Cannabis Seeds, J. Anal. Toxic., Vol. 24, 715-717 (2000). 
    4. H. Mölleken, supra. 
    5. Nor would such a product be included under drug code 7370 (tetrahydrocannabinols). See Hemp Industries Association v. DEA, 357 F.3d 1012 (9th Cir. 2004) (Hemp II). However, as the Ninth Circuit stated in Hemp II, "when Congress excluded from the definition of marijuana 'mature stalks of such plant, fiber . . . , [and] oil or cake made from the seeds,' it also made an exception to the exception, and included 'resin extracted from' the excepted parts of the plant in the definition of marijuana, despite the stalks and seed exception."  Id. at 1018. Thus, if an extract of cannabinoids were produced using extracted resin from any part of the cannabis plant (including the parts excluded from the CSA definition of marijuana), such an extract would be included in the CSA definition of marijuana.