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Why is the Hemp Industry Suing DEA

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Hemp consumers, including companies involved in producing it, could soon be rejoicing when DEA’s attempt to prevent the selling and distribution of CBD extracts will come to an end. Yet, the issue about DEA CBD oil remains controversial.

On December, the DEA released a new policy establishing a drug code for marijuana extracts. The DEA statement on CBD hemp and farm bill stated that extracts of cannabis that contain cannabinoid will be recognized as “Schedule I of controlled substances.” Such a role may pose a significant challenge to producers and consumers of hemp in the United States who have been producing and legally consuming CBD hemp oil.

The Hemp Industries Association has challenged this rule along with the other petitioners. Furthermore, a group of lawmakers have shown their support for the CBD and filed a case insisting that Congress has already made the CBD legal and it should remain legal as a result of the Agricultural Act.

The hearing for the hemp industries association v DEA 2018 took place in February but the case is expected to go on for months. Although cannabis consumers haven’t been slapped with any legal threats yet, some of the CBD shops in the US that need to adhere to the strict laws on substance control have had their inventory seized by the authorities and their operations have been shut down.

The hemp industry has seen a significant growth all over the United States ever since the Farm Bill was passed in 2014 and the case represents one of the biggest issues that the hemp industry in the US has to face.

Why the Lawsuit Matters to Producers and Consumers

The DEA’s war on industrial hemp has been going on for decades, although the Congress started to earnestly address the situation about four years ago. The 2014 Farm Bill made an exemption from the Controlled Substances Act by defining the industrial hemp that’s grown through an authorized research program, separate from marijuana.

Yet, the DEA has prevented farmers from participating in the hemp research programs and this triggered a lawsuit in 2014 in Kentucky. Because of DEA’s continued obstruction of the act, Congress was forced to pass a rider for the DEA hemp oil. This rider states that the government shouldn’t spend any money to interfere with the legalization of hemp research.

What the DEA Gets Wrong About Hemp and CBD

The Controlled Substance Act has created an exemption for the seeds and stalks of the cannabis plant to be considered as legal substances since they only have small traces of THC. The Congress, in the 2014 Farm Bill, expanded the exemption of seeds and stalks in order to include some other parts of the hemp plant for as long as it’s grown in an authorized research institute, while only requiring hemp products that contain 0.3% of THC and less.

However, the DEA didn’t acknowledge this fact and they continue to assert that any type of CBD extract, even those made from legal industrial hemp, should be considered a controlled substance under Federal law.

 

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