WHY OUR HEMP OILS ARE LEGAL…
To NaturalXtract Customers,
The intention of this assurance letter is to outline the commitment of NaturalXtract to a regulatory compliant supply chain. From day one our company invested all key resources into such compliance, enabling our customers to have unfettered access to hemp foods rich in CBD and subsequently revenue generation across the United States in this high-demand market.
The corner stone of our compliance starts with utilizing biomass made from mature stalks of the industrial hemp plant, qualifying such biomass and successfully importing this material into the United States properly under HTSA (US Tariff Schedule) complete with signoff from US Customs Border Protection, Department of Homeland Security, US Food & Drug Administration and US Department of Agriculture, Animal & Plant Health Division. Please find importation documents in our Due Diligence folder.
Further, regarding the recent DEA’s ruling on ‘Marihuana Extracts’ and creation of an additional “Code 7350 – Mariuana Extracts, “ all of us at NaturalXtract’s together with opinion letters from regulatory council Hoban & Feola, we believe our company to be exempt from this ruling. We bring your attention to the following key Congressional definitions absolving NaturalXtract products from DEA enforcement.
Congressional definition of “Marihuana”
Congress defines marihuana as: 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.1
Congressional definition of “Industrial Hemp”
In the Agricultural Act of 2014, Congress defines “Industrial Hemp” as: 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.
Further in support to the above, Congress has exempted “Hemp” and hemp derivatives from the definition of Marihuana in HIA v. DEA (2004) where the United States 9th Circuit Court held that the definition of “Marihuana” specifically excludes “the mature stalks of such plant”.
Finally, NaturalXtract hemp extract products are derived from certified industrial hemp, which has been properly classified, registered, imported and cleared through federal agencies and such products would not fall under the DEA’s jurisdiction to classify on the Controlled Substance Act, list of Schedule 1 substances.