DEA Internal Directive Regarding the Presence of Cannabinoids

DEA Internal Directive Regarding the Presence of Cannabinoids

DEA Internal Directive Regarding the Presence of Cannabinoids in Products and Materials Made from the Cannabis Plant

(May 22, 2018)

In 2004, the U.S. Court of Appeals for the Ninth Circuit enjoined DEA from enforcing certain regulations with respect to tetrahydrocannabinols (THC). See Hemp Industries Ass’n v. DEA, 357 F.3d 1012 (9th Cir. 2004). The government did not seek Supreme Court review of that decision. In response to various inquiries, DEA hereby issues to DEA personnel the following internal directive on how to carry out their duties in light of the Ninth Circuit’s decision.

The Ninth Circuit enjoined enforcement of what is now 21 C.F.R. § 1308.11(d)(31) (drug code 7370) with respect to products that are excluded from the definition of marijuana in the Controlled Substances Act (CSA). DEA thus does not enforce that provision as to such products.

Consistent with the Ninth Circuit’s decision, DEA does not enforce 21 C.F.R. § 1308.35.

Products and materials that are made from the cannabis plant and which fall outside the CSA definition of marijuana (such as sterilized seeds, oil or cake made from the seeds, and mature stalks) are not controlled under the CSA. Such products may accordingly be sold and otherwise distributed throughout the United States without restriction under the CSA or its implementing regulations. The mere presence of cannabinoids is not itself dispositive as to whether a substance is within the scope of the CSA; the dispositive question is whether the substance falls within the CSA definition of marijuana.

The Controlled Substances Import and Export Act incorporates the schedules of the CSA. See generally 21 U.S.C. §§ 951-971. Accordingly, any product that the U.S. Customs and Border Protection determines to be made from the cannabis plant but which falls outside the CSA definition of marijuana may be imported into the United States without restriction under the Controlled Substances Import and Export Act. The same considerations apply to exports of such products from the United States, provided further that it is lawful to import such products under the laws of the country of destination.

This directive does not address or alter DEA’s previous statements regarding the drug code for marijuana extract and regarding resin. See Establishment of a New Drug Code for Marihuana Extract, 81 Fed. Reg. 90194 (Dec. 14, 2016); Clarification of the New Drug Code (7350) for Marijuana Extract. As DEA has previously explained, the drug code for marijuana extract extends no further than the CSA does, and it thus does not apply to materials outside the CSA definition of marijuana.

PART 1308 — SCHEDULES OF CONTROLLED SUBSTANCES

SCHEDULES

§1308.11 Schedule I.

(a) Schedule I shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section. Each drug or substance has been assigned the DEA Controlled Substances Code Number set forth opposite it.

(b) Opiates. Unless specifically excepted or unless listed in another schedule, any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters and ethers, whenever the existence of such isomers, esters, ethers and salts is possible within the specific chemical designation (for purposes of paragraph (b)(34) only, the term isomer includes the optical and geometric isomers):

(1) Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide) 9815
(2) Acetylmethadol 9601
(3) Acetyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide) 9821
(4) AH-7921 (3,4-dichloro-N-[(1-dimethylamino) cyclohexylmethyl]benzamide 9551
(5) Allylprodine 9602
(6) Alphacetylmethadol (except levo-alphacetylmethadol also known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM) 9603
(7) Alphameprodine 9604
(8) Alphamethadol 9605
(9) Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl] propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine) 9814
(10) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide) 9832
(11) Benzethidine 9606
(12) Betacetylmethadol 9607
(13) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenylpropanamide) 9830
(14) Beta-hydroxy-3-methylfentanyl (other name: N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide 9831
(15) Betameprodine 9608
(16) Betamethadol 9609
(17) Betaprodine 9611
(18) Butyryl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide) 9822
(19) Clonitazene 9612
(20) Dextromoramide 9613
(21) Diampromide 9615
(22) Diethylthiambutene 9616
(23) Difenoxin 9168
(24) Dimenoxadol 9617
(25) Dimepheptanol 9618
(26) Dimethylthiambutene 9619
(27) Dioxaphetyl butyrate 9621
(28) Dipipanone 9622
(29) Ethylmethylthiambutene 9623
(30) Etonitazene 9624
(31) Etoxeridine 9625
(32) Furethidine 9626
(33) Hydroxypethidine 9627
(34) Ketobemidone 9628
(35) Levomoramide 9629
(36) Levophenacylmorphan 9631
(37) 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylpropanamide) 9813
(38) 3-methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide) 9833
(39) Morpheridine 9632
(40) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine) 9661
(41) MT-45 (1-cyclohexyl-4-(1,2-diphenylethyl)piperazine) 9560
(42) Noracymethadol 9633
(43) Norlevorphanol 9634
(44) Normethadone 9635
(45) Norpipanone 9636
(46) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl] propanamide 9812
(47) PEPAP (1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine 9663
(48) Phenadoxone 9637
(49) Phenampromide 9638
(50) Phenomorphan 9647
(51) Phenoperidine 9641
(52) Piritramide 9642
(53) Proheptazine 9643
(54) Properidine 9644
(55) Propiram 9649
(56) Racemoramide 9645
(57) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide 9835
(58) Tilidine 9750
(59) Trimeperidine 9646
(60) U-47700 (3,4-Dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide) 9547

(c) Opium derivatives. Unless specifically excepted or unless listed in another schedule, any of the following opium derivatives, its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Acetorphine 9319
(2) Acetyldihydrocodeine 9051
(3) Benzylmorphine 9052
(4) Codeine methylbromide 9070
(5) Codeine-N-Oxide 9053
(6) Cyprenorphine 9054
(7) Desomorphine 9055
(8) Dihydromorphine 9145
(9) Drotebanol 9335
(10) Etorphine (except hydrochloride salt) 9056
(11) Heroin 9200
(12) Hydromorphinol 9301
(13) Methyldesorphine 9302
(14) Methyldihydromorphine 9304
(15) Morphine methylbromide 9305
(16) Morphine methylsulfonate 9306
(17) Morphine-N-Oxide 9307
(18) Myrophine 9308
(19) Nicocodeine 9309
(20) Nicomorphine 9312
(21) Normorphine 9313
(22) Pholcodine 9314
(23) Thebacon 9315

(d) Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substances, or which contains any of its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation (for purposes of this paragraph only, the term “isomer” includes the optical, position and geometric isomers):

(1) Alpha-ethyltryptamine 7249
Some trade or other names: etryptamine; Monase; α-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole; α-ET; and AET.
(2) 4-bromo-2,5-dimethoxy-amphetamine 7391
Some trade or other names: 4-bromo-2,5-dimethoxy-α-methylphenethylamine; 4-bromo-2,5-DMA
(3) 4-Bromo-2,5-dimethoxyphenethylamine 7392
Some trade or other names: 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl DOB; 2C-B, Nexus.
(4) 2,5-dimethoxyamphetamine 7396
Some trade or other names: 2,5-dimethoxy-α-methylphenethylamine; 2,5-DMA
(5) 2,5-dimethoxy-4-ethylamphet-amine 7399
Some trade or other names: DOET
(6) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (other name: 2C-T-7) 7348
(7) 4-methoxyamphetamine 7411
Some trade or other names: 4-methoxy-α-methylphenethylamine; paramethoxyamphetamine, PMA
(8) 5-methoxy-3,4-methylenedioxy-amphetamine 7401
(9) 4-methyl-2,5-dimethoxy-amphetamine 7395
Some trade and other names: 4-methyl-2,5-dimethoxy-α-methylphenethylamine; “DOM”; and “STP”
(10) 3,4-methylenedioxy amphetamine 7400
(11) 3,4-methylenedioxymethamphetamine (MDMA) 7405
(12) 3,4-methylenedioxy-N-ethylamphetamine (also known as N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl MDA, MDE, MDEA 7404
(13) N-hydroxy-3,4-methylenedioxyamphetamine (also known as N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine, and N-hydroxy MDA 7402
(14) 3,4,5-trimethoxy amphetamine 7390
(15) 5-methoxy-N,N-dimethyltryptamine 7431
Some trade or other names: 5-methoxy-3-[2-(dimethylamino)ethyl]indole; 5-MeO-DMT
(16) Alpha-methyltryptamine (other name: AMT) 7432
(17) Bufotenine 7433
Some trade and other names: 3-(β-Dimethylaminoethyl)-5-hydroxyindole; 3-(2-dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin; 5-hydroxy-N,N-dimethyltryptamine; mappine
(18) Diethyltryptamine 7434
Some trade and other names: N,N-Diethyltryptamine; DET
(19) Dimethyltryptamine 7435
Some trade or other names: DMT
(20) 5-methoxy-N,N-diisopropyltryptamine (other name: 5-MeO-DIPT) 7439
(21) Ibogaine 7260
Some trade and other names: 7-Ethyl-6,6β,7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-5H-pyrido [1′, 2′:1,2] azepino [5,4-b] indole; Tabernanthe iboga
(22) Lysergic acid diethylamide 7315
(23) Marihuana 7360
(24) Mescaline 7381
(25) Parahexyl 7374
Some trade or other names: 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran; Synhexyl.
(26) Peyote 7415
Meaning all parts of the plant presently classified botanically as Lophophora williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture, or preparation of such plant, its seeds or extracts
(Interprets 21 USC 812(c), Schedule I(c) (12))
(27) N-ethyl-3-piperidyl benzilate 7482
(28) N-methyl-3-piperidyl benzilate 7484
(29) Psilocybin 7437
(30) Psilocyn 7438
(31) Tetrahydrocannabinols 7370
Meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the cannabis plant, or in the resinous extractives of such plant, and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant, such as the following:
1 cis or trans tetrahydrocannabinol, and their optical isomers
6 cis or trans tetrahydrocannabinol, and their optical isomers
3,4 cis or trans tetrahydrocannabinol, and its optical isomers
(Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered.)
(32) Ethylamine analog of phencyclidine 7455
Some trade or other names: N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl)ethylamine, N-(1-phenylcyclohexyl)ethylamine, cyclohexamine, PCE
(33) Pyrrolidine analog of phencyclidine 7458
Some trade or other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP
(34) Thiophene analog of phencyclidine 7470
Some trade or other names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine, 2-thienylanalog of phencyclidine, TPCP, TCP
(35) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine 7473
Some other names: TCPy
(36) 4-methylmethcathinone (Mephedrone) 1248
(37) 3,4-methylenedioxypyrovalerone (MDPV) 7535
(38) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E) 7509
(39) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D) 7508
(40) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C) 7519
(41) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I) 7518
(42) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-2) 7385
(43) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-4) 7532
(44) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H) 7517
(45) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N) 7521
(46) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P) 7524
(47) 3,4-Methylenedioxy-N-methylcathinone (Methylone) 7540
(48) (1-pentyl-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144) 7144
(49) [1-(5-fluoro-pentyl)-1H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl)methanone (5-fluoro-UR-144, XLR11) 7011
(50) N-(1-adamantyl)-1-pentyl-1H-indazole-3-carboxamide (APINACA, AKB48) 7048
(51) quinolin-8-yl 1-pentyl-1H-indole-3-carboxylate (PB-22; QUPIC) 7222
(52) quinolin-8-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate (5-fluoro-PB-22; 5F-PB-22) 7225
(53) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide (AB-FUBINACA) 7012
(54) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide (ADB-PINACA) 7035
(55) 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25I-NBOMe, 2C-I-NBOMe) 7538
(56) 2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25C-NBOMe, 2C-C-NBOMe) 7537
(57) 2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25B-NBOMe, 2C-B-NBOMe) 7536
(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.
(59) 4-methyl-N-ethylcathinone (4-MEC) 1249
(60) 4-methyl-alpha-pyrrolidinopropiophenone (4-MePPP) 7498
(61) alpha-pyrrolidinopentiophenone (α-PVP) 7545
(62) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one (butylone, bk-MBDB) 7541
(63) 2-(methylamino)-1-phenylpentan-1-one (pentedrone) 1246
(64) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1- one (pentylone, bk-MBDP) 7542
(65) 4-fluoro-N-methylcathinone (4-FMC; flephedrone) 1238
(66) 3-fluoro-N-methylcathinone (3-FMC) 1233
(67) 1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl)pentan-1-one (naphyrone) 1258
(68) alpha-pyrrolidinobutiophenone (α-PBP) 7546
(69) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (AB-CHMINACA) 7031
(70) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide (AB-PINACA) 7023
(71) [1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl)methanone (THJ-2201) 7024

(e) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) gamma-hydroxybutyric acid (some other names include GHB; gamma-hydroxybutyrate; 4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate) 2010
(2) Mecloqualone 2572
(3) Methaqualone 2565

(f) Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers:

(1) Aminorex (Some other names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline; or 4,5-dihydro-5-phenly-2-oxazolamine) 1585
(2) N-Benzylpiperazine (some other names: BZP, 1-benzylpiperazine) 7493
(3) Cathinone 1235
Some trade or other names: 2-amino-1-phenyl-1-propanone, alpha-aminopropiophenone, 2-aminopropiophenone, and norephedrone
(4) Fenethylline 1503
(5) Methcathinone (Some other names: 2-(methylamino)-propiophenone; alpha-(methylamino)propiophenone; 2-(methylamino)-1-phenylpropan-1-one; alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone;N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463 and UR1432), its salts, optical isomers and salts of optical isomers 1237
(6) (±)cis-4-methylaminorex ((±)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine) 1590
(7) N-ethylamphetamine 1475
(8) N,N-dimethylamphetamine (also known as N,N-alpha-trimethyl-benzeneethanamine; N,N-alpha-trimethylphenethylamine) 1480

(g) Cannabimimetic agents. Unless specifically exempted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, or which contains their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497) 7297
(2) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (cannabicyclohexanol or CP-47,497 C8-homolog) 7298
(3) 1-pentyl-3-(1-naphthoyl)indole (JWH-018 and AM678) 7118
(4) 1-butyl-3-(1-naphthoyl)indole (JWH-073) 7173
(5) 1-hexyl-3-(1-naphthoyl)indole (JWH-019) 7019
(6) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH- 200) 7200
(7) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250) 6250
(8) 1-pentyl-3-[1-(4-methoxynaphthoyl)]indole (JWH-081) 7081
(9) 1-pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122) 7122
(10) 1-pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398) 7398
(11) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM2201) 7201
(12) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM694) 7694
(13) 1-pentyl-3-[(4-methoxy)-benzoyl]indole (SR-19 and RCS-4) 7104
(14) 1-cyclohexylethyl-3-(2-methoxyphenylacetyl)indole 7008 (SR-18 and RCS-8) 7008
(15) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203) 7203

(h) Temporary listing of substances subject to emergency scheduling. Any material, compound, mixture or preparation which contains any quantity of the following substances:

(1) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide, its optical, positional, and geometric isomers, salts and salts of isomers (Other names: MAB-CHMINACA; ADB-CHMINACA) 7032
(2) N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers (Other names: Butyryl fentanyl) 9822)
(3) N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl]piperidin-4-yl]-N-phenylpropionamide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers (Other names: beta-hydroxythiofentanyl) 9836
(4) 3,4-Dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers (Other name: U-47700) 9547
(5) N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2-carboxamide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers (Other name: Furanyl fentanyl) 9834
(6) methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate, its optical, positional, and geometric isomers, salts and salts of isomers (Other names: 5F-ADB; 5F-MDMB-PINACA) 7034
(7) methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3-methylbutanoate, its optical, positional, and geometric isomers, salts and salts of isomers (Other names: 5F-AMB) 7033
(8) N-(adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide, its optical, positional, and geometric isomers, salts and salts of isomers (Other names: 5F-APINACA, 5F-AKB48) 7049
(9) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide, its optical, positional, and geometric isomers, salts and salts of isomers (Other names: ADB-FUBINACA) 7010
(10) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate, its optical, positional, and geometric isomers, salts and salts of isomers (Other names: MDMB-CHMICA, MMB-CHMINACA) 7042
(11) methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate, its optical, positional, and geometric isomers, salts and salts of isomers (Other names: MDMB-FUBINACA) 7020
(12) [Reserved]
(13) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers (Other names: 4-fluoroisobutyryl fentanyl, para-fluoroisobutyryl fentanyl) 9824
(14) N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers (Other names: acryl fentanyl, acryloylfentanyl) 9811
(15) [Reserved]
(16) [Reserved]
(17) [Reserved]
(18) methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3-methylbutanoate, its optical, positional, and geometric isomers, salts and salts of isomers (Other names: FUB-AMB, MMB-FUBINACA, AMB-FUBINACA) 7021
(19) N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers (Other names: ortho-fluorofentanyl, 2-fluorofentanyl) 9816
(20) N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carboxamide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers (Other name: tetrahydrofuranyl fentanyl) 9843
(21) 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers (Other name: methoxyacetyl fentanyl) 9825
(22) N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers (Other name: cyclopropyl fentanyl) 9845
(23) N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers (Other name: Valeryl fentanyl) 9840
(24) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers (Other name: para-fluorobutyryl fentanyl) 9823
(25) N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers (Other name: para-methoxybutyryl fentanyl) 9837
(26) N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers (Other name: para-chloroisobutyryl fentanyl) 9826
(27) N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers (Other name: isobutyryl fentanyl) 9827
(28) N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers (Other name: cyclopentyl fentanyl) 9847
(29) N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)acetamide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers (Other name: Ocfentanil) 9838
(30) Fentanyl-related substances, their isomers, esters, ethers, salts and salts of isomers, esters and ethers 9850

(i) Fentanyl-related substance means any substance not otherwise listed under another Administration Controlled Substance Code Number, and for which no exemption or approval is in effect under section 505 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 355], that is structurally related to fentanyl by one or more of the following modifications:

(A) Replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle;

(B) Substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino or nitro groups;

(C) Substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino or nitro groups;

(D) Replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or on the aromatic monocycle; and/or

(E) Replacement of the N-propionyl group by another acyl group.

(ii) This definition includes, but is not limited to, the following substances:

(A)-(B) [Reserved]

[39 FR 22141, June 20, 1974]

Editorial Note: For Federal Register citations affecting §1308.11, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.

Effective Date Notes: At 82 FR 20544, May 3, 2017, §1308.11 was amended by adding (h)(16), effective May 3, 2017, until May 3, 2019. At 82 FR 47974, Oct. 16, 2017, §1308.11 was amended by redesignating (h)(16) as paragraph (h)(13).

  1. At 82 FR 32457, July 14, 2017, §1308.11 was amended by adding (h)(17), effective July 14, 2017, until July 15, 2019. At 82 FR 47974, Oct. 16, 2017, §1308.11 was amended by redesignating (h)(17) as paragraph (h)(14).
  2. At 82 FR 49508, Oct. 26, 2017, §1308.11 was amended by adding reserved paragraphs (h)(15) through (h)(18) and (h)(19), (20) and (21), effective Oct. 26, 2017,, through Oct. 28, 2019.
  3. At 82 FR 51558, Nov. 3, 2017, §1308.11 was amended by adding paragraph (h)(18), effective Nov. 3, 2017, through Nov. 4, 2019.
  4. At 83 FR 472, Jan. 4, 2018, §1308.11 was amended by adding paragraph (h)(22), effective Jan. 4, 2018. through Jan. 4, 2020.
  5. At 83 FR 4584, Feb. 1, 2018, §1308.11 was amended by adding paragraphs (h)(23) through (h)(29), effective Feb. 1, 2018 through Feb. 1, 2020.
  6. At 83 FR 5191, Feb. 6, 2018, §1308.11 was amended by adding paragraph (h)(3), effective Feb. 6, 2018, through Feb. 6, 2020.
  7. At 83 FR 10368, Mar. 9, 2018, §1308.11 was amended by revising paragraphs (h)(23) and (h)(29), effective Mar. 9, 2018, through Feb. 1, 2020.

 

 

PART 1308 — SCHEDULES OF CONTROLLED SUBSTANCES

EXEMPT CANNABIS PLANT MATERIAL, AND PRODUCTS MADE THEREFROM, THAT CONTAIN TETRAHYDROCANNABINOLS

  • 1308.35 Exemption of certain cannabis plant material, and products made therefrom, that contain tetrahydrocannabinols.

(a) Any processed plant material or animal feed mixture containing any amount of tetrahydrocannabinols (THC) that is both:

(1) Made from any portion of a plant of the genus Cannabis excluded from the definition of marijuana under the Act [i.e., 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] and (2) Not used, or intended for use, for human consumption, has been exempted by the Administrator from the application of the Act and this chapter.

(b) As used in this section, the following terms shall have the meanings specified:

(1) The term processed plant material means cannabis plant material that has been subject to industrial processes, or mixed with other ingredients, such that it cannot readily be converted into any form that can be used for human consumption.

(2) The term animal feed mixture means sterilized cannabis seeds mixed with other ingredients (not derived from the cannabis plant) in a formulation that is designed, marketed, and distributed for animal consumption (and not for human consumption).

(3) The term used for human consumption means either:

(i) Ingested orally or (ii) Applied by any means such that THC enters the human body.

(4) The term intended for use for human consumption means any of the following:

(i) Designed by the manufacturer for human consumption; (ii) Marketed for human consumption; or (iii) Distributed, exported, or imported, with the intent that it be used for human consumption.

(c) In any proceeding arising under the Act or this chapter, the burden of going forward with the evidence that a material, compound, mixture, or preparation containing THC is exempt from control pursuant to this section shall be upon the person claiming such exemption, as set forth in section 515(a)(1) of the Act (21 U.S.C. 885(a)(1)). In order to meet this burden with respect to a product or plant material that has not been expressly exempted from control by the Administrator pursuant to Sec. 1308.23, the person claiming the exemption must present rigorous scientific evidence, including well-documented scientific studies by experts trained and qualified to evaluate the effects of drugs on humans.

[66 FR 51544, Oct. 9, 2001]

MMMA Court Case Library

Navigating a law like the Michigan Medical Marijuana Act can be challenging due to the massive amount of caselaw and amendments that have been made to the act. Note that LARA , to date, has not issued any guidance to patients and caregivers due to the case law and new interpretations of the law by the courts.

LARA did however report some, but not all of the legislative changes on the Michigan Medical Marihuana Program website http://michigan.gov/mmp

Public Acts modifying the MMMA:

2012-PA-0460.pdf
2012-PA-0512.pdf
2012-PA-0514.pdf
2015-HNB-4629.pdf
2015-SCB-0072.pdf
2015-SFA-0141-E.pdf
2015-SNB-0072.pdf
2015-SNB-0141.pdf
2016-PA-0281.pdf
2016-PA-0282.pdf
2016-PA-0283.pdf
2016-PA-350.pdf

Michigan COA and MSC Cases:
People-v-Adams-282638..pdf
People-v-Agro-305725.pdf
People-v-Agro-320927.pdf
People-v-Allen-324710.pdf
People-v-Alzehery-335632.pdf
People-v-Amsdill-334572.OPN_.pdf
People-v-Amsdill-Sochacki-317875.pdf
People-v-Anderson-300641-concurring.pdf
People-v-Anderson-300641-on-Remand.pdf
People-v-Anderson-300641.pdf
People-v-Auernhammer-322800.pdf
People-v-Barash-324545.pdf
People-v-Bendele-334677.pdf
People-v-Blesch-314646.pdf
People-v-Blesch-concur-in-part-dissent-in-part-314646.pdf
People-v-Bosca-317633.pdf
People-v-Brown-303371.pdf
People-v-Bylsma-302762.pdf
People-v-Bylsma-Overholt-317904.pdf
People-v-Bylsma-S144120.pdf
People-v-Campbell-291345.pdf
People-v-Carlton-321630.pdf
People-v-Carlton-concurrence-dissent-321630.pdf
People-v-Carroll-297541.pdf
People-v-Carruthers-309987.pdf
People-v-Carruthers-319991.pdf
People-v-Christner-309076.pdf
People-v-Cook-MSC-155570-order-granting-leave-in-COA-336467.pdf
People-v-Danto-et-al-302986.pdf
People-v-Dehko-305041.pdf
People-v-Donaghy-322677.pdf
People-v-Feezel-S138031.pdf
People-v-Ferguson-326709-326725.pdf
People-v-France-309822.pdf
People-v-Frederick-323642.pdf
People-v-Frederick-VanDoorne-MSC-153115.pdf
People-v-Gebhardt-306516.pdf
People-v-Gillette-334099.pdf
People-v-Gonzalez-327859.pdf
People-v-Goodwin-320591.pdf
People-v-Grant-316487.pdf
People-v-Green-308133.pdf
People-v-Hannan-329579.pdf
People-v-Hartwick-312308.pdf
People-v-Hartwick-332391.pdf
People-v-Hartwick-and-Tuttle-S148444.pdf
People-v-Heminger-316959.pdf
People-v-Hensley-331089.pdf
People-v-Hinzman-308909.pdf
People-v-Hinzman-309351.pdf
People-v-Howard-312267.pdf
People-v-Jackson-331074.pdf
People-v-Jaszczolt-S155377.pdf
People-v-Johnson-326504.pdf
People-v-Johnson-et-al-308104L.pdf
People-v-Jones-312065.pdf
People-v-Keller-304022.pdf
People-v-Kiel-301427.pdf
People-v-King-294682.pdf
People-v-Kocevar-329150.pdf
People-v-Kocevar-dissent-329150.pdf
People-v-Kolanek-295125.pdf
People-v-Kolanek-S142695.pdf
People-v-Koon-301443.pdf
People-v-Koon-S145259.pdf
People-v-Latz-328274.pdf
People-v-Lee-307318.pdf
People-v-Leonard-313345.pdf
People-v-Lewis-3173177.pdf
People-v-Lewis-330107.pdf
People-v-Lois-Butler-Jackson-315591.pdf
People-v-Lois-Butler-Jackson-concurring-315591.pdf
People-v-Lois-Butler-Jackson-partial-dissent-and-concurring-.pdf
People-v-Macleod-326950.pdf
People-v-Magyari-327798..pdf
People-v-Malik-293397.pdf
People-v-Manuel-331408.pdf
People-v-Mazur-317447.pdf
People-v-Mazur-S149290.pdf
People-v-McCleese-307079.pdf
People-v-Mendoza-328109.pdf
People-v-Miller-322555.pdf
People-v-Misko-323885.pdf
People-v-Moran-336847.pdf
People-v-Nicholson-306496.pdf
People-v-OConnor-312843.pdf
People-v-Olger-309559.pdf
People-v-Orlando-303644.pdf
People-v-Ousley-330502.pdf
People-v-Peters-288219.pdf
People-v-Placencia-321585.pdf
People-v-Pointer-302795-October-11-2012.pdf
People-v-Pointer-on-remand-302795-October-1-2013.pdf
People-v-Randall-318740.pdf
People-v-Redden-295809-concurring-opinion.pdf
People-v-Redden-295809.pdf
People-v-Reed-296686.pdf
People-v-Reed-Shaw-333118-333119.pdf
People-v-Rivera-Stackpoole-307315.pdf
People-v-Rocafort-321804-on-remand.pdf
People-v-Rocafort-321804.pdf
People-v-Rocafort-dissent-321804.pdf
People-v-Rocafort-dissent-on-remand-321804.pdf
People-v-Rocafort-S153254.pdf
People-v-Rose-326206.pdf
People-v-Rose-331021.pdf
People-v-Salerno-307087.pdf
People-v-Selman-333484.pdf
People-v-Sherwood-321558.pdf
People-v-Slack-334583.pdf
People-v-Sommer-319184.pdf
People-v-Spencer-304422.pdf
People-v-Spencer-concurring-opinion-304422.pdf
People-v-Tackman-et.-al.-330654.pdf
People-v-Trzos-334666.pdf
People-v-Tuttle-312364.pdf
People-v-Vanderbutts-299347.pdf
People-v-VanSickle-309555.pdf
People-v-Ventura-327289.pdf
People-v-Walburg-295497.pdf
People-v-Watkins-301771.pdf
People-v-Watkins-302558.pdf
People-v-Witt-332940.pdf
People-v-Zaid-320197.pdf
Roe-v-Bloomfield-Township-308906.pdf
State-of-Michigan-v-McQueen-S143824.pdf
State-of-Michigan-v-McQueen-Taylor-and-Compassionate-Apothe.pdf
Ter-Beek-v-Wyoming-306240.pdf
Ter-Beek-v-Wyoming-S145816.pdf
US-v-McIntosh-et.-al.-15-10117.pdf
US-v-Neece-FBEH005C-EDMI.pdf
York-v-Miller-335344.pdf

LARA Live-discussing the recent advisory bulletin issued by BMMR regarding CBD and hemp

LARA Live-discussing the recent advisory bulletin issued by BMMR regarding CBD and hemp

If you are here you obviously missed it LIVE…Below is the  recording of it.

 

 

Original Post

You are invited to join us for the inaugural presentation of “LARA Live” – a new feature from the Department of Licensing and Regulatory Affairs.

 

Join us for LARA Live by navigating to LARA’s Facebook page on Thursday, May 24 at 3:00pm where David Harns and Andrew Brisbo will be discussing the recent advisory bulletin issued by BMMR regarding CBD and hemp.

 

This week’s guest will be Bureau of Medical Marihuana Regulation (BMMR) Director Andrew Brisbo.

 

Feel free to email your questions to us at LARACOM@michigan.gov and put “LARA Live” in the subject line. If you aren’t able to make it live, the broadcast will be saved on LARA’s Facebook page.

Genetic surveillance

Genetic surveillance

Next time you get a gift for a DNA test…say thanks and think twice about submitting it.  DNA collection is becoming the next big thing.  Is that Facebook’s next take over?

DNA

Deoxyribonucleic acid or DNA is a molecule that contains the instructions an organism needs to develop, live and reproduce. These instructions are found inside every cell, and are passed down from parents to their children.

Read about it here and check other links and posts

The government’s invasion into the privacy of individuals may be best illustrated in the area of genetic testing.” [1]

“The genetic surveillance and tracking represented by the federally funded Human Genome Project poses enormous threats to our basic rights to privacy and self determination.” [2]

“If everyone is tested and categorized, the potential for misuse of that information is so great that it screams for legislation to prevent genetic discrimination.” [3]

“Genetic technologies reflect the power differentials in our society; they do not equally benefit all segments, nor are they meant to.” [4]

“Thus these technologies become social and political weapons in an already divided society.” [5]

“Genetic surveillance would thus shift from the individual [the alleged criminal] to the family,” Nicholas Wade wrote May 12, 2006, in the New York Times, “– which will require, of course, a national DNA database of NON-criminals.” [6]

Read more from the source here

Whoah…read this about how video was stored in DNA

Harvard scientists pioneer storage of video inside DNA

Get cops out of the fencing racket

Get cops out of the fencing racket

Our Editorial: Get cops out of fencing racket


The Detroit News  |  The Detroit News

A bill moving through the state Legislature would get police out of the petty theft racket, but would leave the door open for them to continue engaging in grand larceny. Still, it’s an important step, and the measure should be adopted.

Civil asset forfeiture is an affront to constitutionally protected property rights and the fundamental legal concept of innocent until proven guilty. And yet it is practiced by nearly all of Michigan’s law enforcement agencies and protected by state law.

The House bill pushed by Speaker Tom Leonard, R-DeWitt, would drastically restrict this legalized theft.

The bill, HB 4158, would require a conviction before most private property could be seized from individuals and transferred to the government.

That may seem like a common sense condition, and certainly a fair one, but that is not the current practice in Michigan.

Here, police are able to grab property on the mere suspicion that it was gained from or helped facilitate criminal activity. In fact, 10 percent of those who have their assets seized are never criminally charged.

Getting the property back is a cumbersome and expensive process, and many of those whose possessions were taken find the effort to recover them not worth the time and money.

Property that is seized is most often sold and the proceeds used to fund police operations. That provides a perverse incentive for cops to find a connection between the assets and a suspected crime.

In a number of cases, cash and other items have been taken from houses and automobiles even when no trace of drugs or other illegal contraband is found inside.

In 2016, $15.3 million in private property was seized under the civil asset forfeiture law. Some years, the value has reached $25 million.

Three years ago the Legislature reformed the law to raise the standard of evidence required before property can be taken, and also demanded better accounting from police agencies about why assets were confiscated.

That has cut into the total amount taken, but the practice of grabbing private property without a conviction has continued. It would end under the House bill, at least for smaller seizures.

The proposed bill would still permit seizures of assets valued above $50,000, on the theory that such big-ticket items are a likely indication of drug activity. That reasoning is obviously flawed. There are a lot of non-criminal reasons someone may possess that much cash or other property.

Police should not be operating on assumptions. No property should be taken and held without enough evidence for a criminal conviction.

Law enforcement agencies are lobbying the Legislature hard to scrap the bill, arguing forfeiture is an important tool in combatting the drug trade. In reality, it has become a vital piece of their operating budgets.

If police need more money, raise taxes, but don’t steal the property of citizens.

Lawmakers should get police out of this sordid business by ending civil asset forfeiture in cases where no one has been convicted of a crime.

See Detroit News Artcle