If people look closely at the DEA's "Final "Rule", they'll see that even the DEA is not going after CBD derived from the mature stalks of legally grown hemp plants.

So, while that imposes a ridiculous "line in the sand" for what part of the plant can be used for CBD production, it nevertheless is not preventing legal production altogether.

The petition has been submitted for review by the federal court of appeals just the same so that it can be granted better clarification for the benefit of the producers and the end users both. In the mean time, I'd say Rocky Mountain High Brands is actually good to go as long as they use just the mature stalk derived CBD, initially anyway. Also, Sessions can't legally create a new controlled substance, congress must do that. Only the THC is currently defined as a controlled substance, and that leaves other molecular compounds from legally grown hemp EXEMPT from that definition. Contact Dave Seeberger with the question. He can probably answer on the subject, at least as far as how it affects their path forward.