DEA Final Rule on CBD takes effect- CBD Industry Files Lawsuit in Federal Court of Appeals

anthonyroberts
Jan 15, 2017 · 2 min read

On December 14, 2016, DEA’s announced in the Federal Register that they’d made a final decision to create a separate tracking number for cannabinoids (CBD) as “marihuana extracts” under the Controlled Substances Act.

In effect, this means that cannabinoids derived from marijuana or hemp would be Schedule I controlled substances as of yesterday (January 13th, 2017). But that same day, a lawsuit was filed in the Federal 9th Circuit Court of Appeals in San Francisco, by the Hoban Law Group, seeking judicial review of the decision. The suit was filed on behalf of various entities in the hemp industry.

The lawsuit claims that the DEA not only overstepped their regulatory authority, but further that previously established laws, acts, bills, and regulations have been violated with the DEA’s creation of this new tracking number.

The petition for review (below) is relatively short (three pages), but I suspect the fight to keep (restore?) CBD as a legal compound will be anything but.

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