A state judge has rebuffed legal propositions by a South Carolina CBD manufacturer and the Hemp Industries Association that’re trying to push America’s DEA (Drug Enforcement Agency) to ascertain whether it classifies temporary hemp byproducts under Schedule 1 drug substances.
The United States District Court based in Washington DC gave a verdict on the case on Tuesday. Judge Boasberg James uttered that RE and HIA Botanicals were using unusual tactics to push the DEA to respond to advance inquiries about a regulation it issued during August. The rule prohibits byproducts of CBD extraction.
Although the DEA hasn’t enforced the rule, it’s currently in effect.
James concluded that DEA doesn’t have to explain its decision before the trial of the lawsuit.
There are two major concerns about the agency’s decision. The first is whether the department is simply refreshing its regulations to adhere to the 2018 Farm Bill, that exempted low-THC marijuana from the claws of the Controlled Substances Act. The other is whether the administration is making an unlawful power grab by stating that hemp extraction byproducts are controlled substances of Schedule 1 Act.
Law 360 was the first to report the recent case motion.
HIA and the South Carolina Cannabinoid maker had filed a petition before the Appeals Court for the Columbia District Circuit challenging the agency’s IFR (interim final rule). The agency released its IFR during August to implement the 2018 AIA (Agriculture Improvement Act). The reform ruled out hemp from the Controlled Substances Act, forming a lawful distinction between cannabis and hemp.
The authority’s IFR adjusted the meaning of marijuana and eradicated and descheduled export controls from certain cannabinoid products.
Although most industry stakeholders see the regulation as an existential hiccup, others say it delivers more than codifying cannabis’ revised definition.