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dea cbd lawsuit 400


"DEA is Dead Wrong: CBD Industry Sues for Improper Classification"

The fight is on! You may have heard that the Drug Enforcement Administration (DEA) issued a new rule to create a new drug code for marijuana extracts -- and you would be right. Although spokespeople from the DEA itself say the new rule makes no difference in how CBD oil is treated under federal law, CBD oil patients, the CBD oil industry, and Hoban Law Group beg to differ. In what was once a “gray area,” this decision by the DEA moves CBD oil purposefully onto the federal drug schedule in what looks like a clear attempt to make it illegal. This means that, should the next U.S. presidential administration choose, CBD oil may become less available or unavailable to patients and wellness centers across the United States.

What Did the DEA Change about Hemp CBD Oil?

In this document, published exactly one month ago on December 12, 2016, the DEA created “a new Administration Controlled Substances Code Number for ‘Marihuana Extract’” which they claim makes it easier to comply with the United Nations’ international Single Convention on Narcotic Drugs, which you can read here (on page 24, the definition of cannabis is specified). Specifically, hemp CBD oil was nonexistent on the U.S. drug schedule prior to this coding change, which is as it should be since CBD oil is a non-psychoactive substance. The Single Convention on Narcotic Drugs, by its own admission, “is meant to limit the possession, use, trade in, distribution, import, export, manufacture, and production of drugs exclusively to medical and scientific purposes,” – but why limit CBD oil in this way? It’s not illegally trafficked in the United States because it’s not technically an addictive narcotic. At least not until the DEA changed its coding. Interestingly, on page 47 of the Single Convention, Article 28, 1., it states that the convention does not apply to industrial hemp, which is where hemp CBD oil comes from. Did the DEA read the Single Convention? It sure doesn’t seem like it. Farm Bill compliant industrial hemp and any part of a hemp plant is exempted from the CSA. In addition, any non-marijuana part of the cannabis plant (stems and fibers) is also exempt.

How Can Hemp CBD Oil Help Patients?

Hemp CBD oil is non-psychoactive and doesn’t get you high. Hemp CBD oil has helped many children with severe childhood epilepsy, and has been scientifically proven to aid or assuage other medical symptoms and issues, such as nausea and lack of appetite from chemotherapy and cancer treatments, heart conditions, blood pressure conditions, and post-traumatic stress disorder (PTSD). While scientific studies and medical studies are still being carried out to unlock hemp CBD oil’s true potential, it’s wrong of the U.S. federal government to reclassify it under some perceived lack of definition without consulting the hemp CBD oil industry, the hemp CBD oil patients, and the people of the United States of America.

What is the CBD oil vs DEA Petition About?

The petition was filed on Friday, January 13, the same day that the new coding for “marihuana extract” in the CSA becomes effective. You can read the petition here. It was filed by the Hoban Law Group out of San Francisco, California, against the DEA and Charles Rosenberg, the Acting Administrator of the Drug Enforcement Administration. The Hemp Industries Association, Centuria Natural Foods, Inc., and RMH Holdings, LLC, filed the petition to force a much-needed review in the U.S. Ninth Circuit Court of Appeals of the new coding. If there is any question about what the coding means, why it was filed with no notice to the hemp CBD industry or patients, and how it will affect the hemp industry, then the DEA has some explaining to do! Since cannabinoids are not considered controlled substances, the petition points out that they should not be restricted by the CSA or the federal government. The petition also states that the CSA and the DEA needs to look at its broad definition of “marihuana extract” and leave non-psychoactive hemp CBD oil out of the coding because they are legal under the 2014 Farm Bill Act. The petition correctly defines the new coding as “arbitrary, capricious, an abuse of discretion.”

What Does the Petition Mean for Hemp CBD Oil?

The petition will help the hemp CBD oil industry, patients, and the American people know clearly what the DEA intends for the non-psychoactive plant extract, and whether it intends to make the CBD oil illegal in the future. The DEA has underestimated the possibilities of marijuana-based medicine again and again, rejecting most scientific and medical studies that show symptom improvement in patients. The reason for this coding of hemp CBD oil and other marijuana plant extracts needs to be defined and made crystal clear so patients and the industry don’t have to worry. This is not the first time the hemp industry has had to fight for its rights. Let us have our say – DEA, we will see you in court. I will be keeping up on this story and publishing updates here to keep patients, the industry, and America informed.

Julie K Godard

About Julie Godard:

Julie, a guest blogger of Green Lotus Hemp Products, is a strong advocate of cannabis, both in medical and recreational forms, for expanding our knowledge of medicine, culture, and the reality of our planet. She is an experienced freelance writer, content strategist, and cannabis industry researcher with a deep concern for social welfare and love of scientific discovery.


 Note: These statements have not been evaluated by the Food and Drug Administration. All of GLH products are sold as nutritional supplements, and are not intended to diagnose, treat, cure, or prevent any disease.

About Green Lotus Hemp

Green Lotus Hemp
600 17th Street Suite 2800
Denver, CO 80202
Phone: 888-811-HEMP (4367)
(Not a Retail Store)