CBD Oil Lawsuit To Reverse DEA Ruling?

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CBD Oil Companies File Lawsuit Against DEA

As reported by The Cannabist, the DEA may be called to task for their recent declaration against CBD oil. Last month, the DEA enacted a ruling that would establish a Controlled Substance Code Number for all marijuana based derivatives, including CBD oil. The final rule was called “Establishment of New Drug Code for Marihuana Extract” and included a clause that made CBD oil, a non-psychoactive oil derived from marijuana, a Schedule I substance. The ruling declares that everything containing any element of a marijuana plant is a controlled substance. This places CBD oil (which is usually used as a natural anti-seizure medication, anti-inflammatory and pain reliever) in the Schedule I category, alongside heroin and LSD, as one of the most dangerous drugs, containing no medicinal value. The decision upset the already booming cannabis and hemp industry that have countless products on the market that have not presented any problems.

The Groups Behind the CBD Oil Lawsuit

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The DEA’s ruling against CBD oil has resulted in a group lawsuit against the DEA.

With the cannabis industry in a state of panic and upheaval following the decision, 2 hemp companies and a fellow associate have decided to file a lawsuit against the DEA, claiming they have overstepped their bounds and put an entire well established industry at risk. Hemp Industries Association, Centuria Natural Foods and RMH Holdings LLC have contracted the services of Hoban Law Group, a firm based out of Denver, Colorado that specializes in marijuana related issues.

Hoban’s Statement

The attorneys at Hoban filed the lawsuit which stated that “the final rule creates this new drug code, indicative of being a controlled substance, for substances which are in fact not controlled pursuant to the (Controlled Substances Act). Specifically, the final rule dictates that the mere presence of ‘cannabinoids,’ which are not controlled substances, is the determinative factor of whether a compound is a ‘marihuana extract’.”

The DEA Stands By Its Decision

2014 farm bill may protect cbd oil from dea ruling
Language in the 2014 Farm Bill may actually protect hemp from the DEA ruling.

Russ Baer, spokesperson for the DEA, has stated that he cannot comment on a petition that he has seen but he has made it clear that the DEA stand by their ruling. He says that every single aspect of marijuana, including hemp, is considered a controlled substance. This includes every compound, derivative, salt or preparation of any substance made from any part of a cannabis plant. He claims that, until the DEA receives conclusive scientific proof of the plant’s medicinal benefits from a DEA registrant or person given authority by the DEA to research marijuana, it will remain a Schedule I substance and so will all its derivatives. Until now, the DEA has not authorized the medicinal research of marijuana which means there has been no way of establishing any DEA approved proof. They have, however, decided that they will begin to approve medical research although there are many hoops to jump through before research can be undertaken.

The lawsuit disagrees, claiming that under the Controlled Substances Act, the mature stalk of a marijuana plant can be used legally. The 2014 Farm Bill also allows states to create industrial hemp laws. It is also legal to import industrial hemp. Since CBD oil can be made from industrial hemp, it cannot technically be termed illegal. Hoban is stating in the lawsuit that the DEA has no legal authority to declare something that is currently legal illegal without approval from Congress. The lawsuit asks the court to overturn the final rule of the DEA.

 

3 COMMENTS

  1. The real “skinny” behind the DEA’s preposterous ruling is the fact that there has been a monstrosity of profit made as a result of previously nationwide draconian cannabis laws. With more and more States agreeing to some form of cannabis legalization- it is literally taking profit away from the DEA (hear that giant ‘sucking’ sound?). Cannabis laws are basically the reason why the DEA became so powerful to begin with —let’s do the history on this.( I won’t do it in this particular space but check out the history on when the DEA even became part of our government). The proof is there— it’s always been there—and it’s undeniable! This is really the last gasp of breath for the DEA —the DEA is on the way out and they know it. We have no use for the DEA. This agency has caused way too many problems to continue pouring our $$$$$$$ into their coffers— and did nothing good for Citizens. It only contributed to the problem and created another way for the money- “gougers” to take away the people’s money. I think that when you say taxpayer money it is as if this is some kind of abstract notion created in somebody’s mind. Then the greedy ones turn around and use the people’s money against the best interests of what the majority of the people have declared that they insist on having to live a better quality of life. The PEOPLE demand CANNABIS/HEMP.
    I want to applaud this group for bringing this lawsuit and bringing it in such a timely manner. I have no doubt but that this group will prevail in this lawsuit- and the courts should see right through this chicanery by the DEA. it is my hope that the ruling will be delivered before Donald Trump assumes the Presidency. THE 1st TENET OF HUMANITY IS “DO NO HARM”. To date- there has NOT been even ONE instance of harm as a result of this Sacred Plant-#Cannabis #NaturesGift.

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