Definition of Stimulant
Stimulants, especially those for recreational use, act on the central and peripheral nervous systems to produce a number of possible psychostimulant actions such as increased alertness, hyperactivity, and altered mood, and in addition can affect the cardiovascular system, ocular system, and disrupt temperature control.
Legal Status of CBD
Cannabidiol is not listed separately in the Code of Federal Regulations (CFR); it is controlled in Schedule I by definition as a “derivative” or “component” of marijuana (21 USC 802). This is also true of other individual cannabinoids.
Only THC is listed separately in Schedule I. According to a position statement from the DEA Office of Public Affairs, CBD from any source is a Schedule I substance (DEA, Office of Public Affairs, December 15, 2015, provided upon request to A. Mead).
FDA's enforcement actions relating to “CBD oils”
Under the Food, Drug, and Cosmetic (FD&C) Act, any item is considered a drug (subject to FDA's approval process) if it is intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease. The FDA determines “intended use” by reviewing a number of sources, such as advertisements and promotional statements (including websites, social media, etc.). Only products that have been FDA approved may make medical claims, and those claims must be consistent with FDA-approved labeling and give fair balance to risk information.
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