Hemp Litigation: DEA Sued Again
The Canna Law Blog has been writing about the Drug Enforcement Agency’s (DEA) interim final rule (IFR) on hemp since its August publication in the Federal Register:
Most recently, Nathalie Bougenies wrote about a petition for review against the DEA filed by the Hemp Industries Association and RE Botanicals in the United States Court of Appeals for the District of Columbia (the “D.C. Circuit”). Why the fuss? As Nathalie explained, the IFR:
suggests that in-process hemp shall be treated as a schedule I controlled substance during any point at which its THC concentration exceeds 0.3 percent on a dry weight basis. ‘Any point’ includes even fleetingly during the processing phase and includes situations where the THC percentage is brought back into legal compliance for the finished product.
So will the DEA start raiding hemp processors? Who knows, but the implications are not good and led to the hemp industry making a concerted effort against the IFR. One such effort is the petition for review, which contends the IFR is unlawful because it exceeds the DEA’s authority, violates the Agricultural Improvement Act of 2018, and contends that the DEA violated the regulations governing the promulgation of rules set