Ok, question on a hypothetical scenario here. I’m assuming a world where the US government remains sufficiently absurd as to keep cannabis scheduled.
The DEA defines marijuana as such: “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.”
Clearly that means compounds extracted from the plant, and not merely compounds found within the plant. Otherwise the definition would include water, chlorophyll, glucose, DNA, etc.
I assume someone, somewhere has sequenced the cannabis genome at this point, or could find a way to legally do so.
Given that the Supreme Court idiotically ruled that cDNA and genes are different things, there could be a decent legal argument (IANAL) that a chemically synthesized copy cDNA of a particular cannabis gene would not be covered by the definition above. Such a gene can then be inserted into yeast or bacteria. Would this give us a legal route to synthesizing otherwise restricted compounds?
If so, the DEA could easily then schedule those compounds directly. But those would be new scheduling activity, and maybe they could be sued for ignoring the facts the same way the FCC is being sued over ignoring the facts on net neutrality?
