Remember just before Christmas, when the DEA quietly adopted a “Final Rule” criminalizing “marihuana extract,” presumably including all extracts from the cannabis plant?
Then, the agency went on to “clarify” that the Final Rule was based on the DEA’s own interpretation that weed extracts derived from mature cannabis or industrial hemp stalks were not illegal under the federal Controlled Substances Act (CSA) and, furthermore, the ruling was meant to give priority to researchers.
Confusion and panic reigned across the land, especially from the burgeoning hemp industry, which has been developing countless innovative products, including plastics, and has seen the rise of an agricultural sector that could save the American farm.
And not to mention the fate of CBD extracts for medicinal purposes.
Hemp industry lawyers immediately took to the mat and filed a federal lawsuit on behalf of the Hemp Industries Association, Centuria Natural Foods and RMH Holdings LLC, which was intended to protect an American agricultural revival, attorney Bob Hoban told the Cannabist, in a special report.
“The entire industry hinges on this,” Hoban said.
Hoban, managing partner of Hoban Law Group, said that the action is clearly beyond the DEA’s authority.
“This Final Rule serves to threaten hundreds, if not thousands, of growing businesses, with massive economic and industry expansion opportunities, all of which conduct lawful business compliant with existing policy as it is understood and in reliance upon the Federal Government,” Hoban wrote on the firm’s website.
Hoban cautioned that the industry cannot sit on the sidelines, assuming state legalization and existing case law will shield producers, retailers and consumers of hemp-derived products.
It is now up to the 9th U.S. Circuit Court of Appeals to make a decision that could determine the course of the hemp industry, only recently revived after nearly eight decades, thanks to the 2014 Obama Farm Bill.
Although a decision in the 9th Circuit would be legally binding in only a collection of states and territories in the western United States, Hoban explained, it would at least clarify the DEA’s rule notice and set a precedent for the future.
The US Courts of Appeals for the 9th Circuit covers Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, Northern Mariana Islands, Oregon and Washington.
Hoban called the appeal “the first inning of a very long ballgame.”
Meanwhile, hemp tries to make up for lost time.
A series of hemp pilot programs are underway around the country although they involve barely two percent of American farmers.
Before hemp was prohibited in 1937, that number was 30 percent, and our hemp was consider among the best in the world.
At least 16 states now have laws allowing cultivation of hemp for research and/or commercial purposes, according to the National Conference of State Legislatures, and its production is raking in the dough.
So, can anyone guess why the DEA wants to put the kibosh on hemp and classify it as a Schedule 1 drug?
No? Neither can we. It seems incredibly counterproductive.
But then, so many decisions and actions taken by the DEA are beyond irrational and inexplicable. Just sayin’.
Survey Indicates Teen Marijuana Use in Colorado is Lower Than National Average
Family of Man Killed by Bulldozer After Growing Pot Sues Police
Ban on Smokable Medical Marijuana Officially Repealed in Florida
High Folks: Yareem Barnes-Ivey Balances the Two Worlds of Cannabis
Knowledgeable Dabbing: A Guide To Our Favorite Quartz Bangers
First Clinical Trial Of Cannabis For PTSD in Veterans Is Now Complete
Missouri Police Raid Hospital Room of Stage 4 Cancer Patient Using Cannabis
Oklahoma House Passes Medical Cannabis Protection Bill
News4 days ago
Indiana State Trooper Seizes $3.5 Million Worth of Cannabis, Vapes
News4 days ago
Colorado Researchers Seeking Volunteers to Get High and Drive
News5 days ago
Study Finds Medical Marijuana Alleviates Seniors’ Pain, Reduces Opioid Use
News6 days ago
Survey Shows 25% of Cannabis Users in Legal States Consume at Work
Legalization5 days ago
Breaking: Connecticut Lawmakers Unveil Plan to Legalize Marijuana
Culture4 days ago
The New “Miss Marijuana” Pageant Comes With Outdated Guidelines and Transphobia
News6 days ago
$2.5 Million Worth of Marijuana Seized at Philadelphia Port
Grow5 days ago
An Interview With Dinafem Seeds: Europe’s King Of Feminized Seeds