DEA Classifies CBD-based Epidiolex as Schedule V Controlled Substance

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By Robert Hoban Esq. On Friday, the United States Drug Enforcement Administration is expected to issue a final order placing Epidiolex on Schedule V of the Controlled Substances Act, following FDA’s approval of Epidiolex in June. However, in scheduling Epidiolex, the DEA’s order over-broadly references not only Epidiolex but also any other cannabidiol (CBD) product “derived from cannabis.” Yet again, DEA fails to distinguish such products derived from lawful hemp as exempt from DEA’s authority and the CSA.