Setback for Hemp
A three-judge panel for the Ninth Circuit Court of Appeals denied a petition filed by the Hemp Industries Association challenging the DEA’s authority to establish a drug code specifically for marijuana extracts.
The case started in 2016, when the DEA issued a “clarifying rule” stating that CBD is an illegal drug, because it is extracted from marijuana flowers.
The DEA claimed that the code is intended to track cannabis derivatives used in research and to meet treaty obligations, despite the fact that there are numerous pieces of legislation in Congress that aim to exclude CBD from the federal definition of marijuana.
Hemp industry leaders have been pushing back on the Schedule I argument for years and intend to keep it up.
“The sky is not falling, based upon this decision,” said Garrett O. Graff, an attorney with Hoban.
The court’s view of the Farm Bill coupled with statements out of the DEA last year indicating there was no intent to regulate cannabinoids should give the hemp industry some solace, added Graff.
To no one’s surprise, the DEA is hanging on to its outdated attempts to revive and maintain the failed drug war. Get with the program guys.