Ninth Circuit Court Rejects Challenge To DEA’s Classification Of Marijuana Extracts

  • by Paul Armentano, NORML Deputy Director May 2, 2018

    A three judge panel for the Ninth Circuit Court of Appeals has denied a petition filed by the Hemp Industries Association challenging the DEA’s authority to establish a new administrative drug code specifically for marijuana extracts. The DEA first announced the proposed rule change in 2011, but did not enact the new policy until January 13, 2017.

    In a decision filed on April 30, the Court rejected petitioners’ arguments – opining the DEA’s classification of marijuana extracts does not conflict with the provisions of either the Agricultural Act of 2014 (aka the ‘Farm Bill) or the Consolidated Appropriations Act, which limits the Justice Department from spending federal dollars to intervene in state-sanctioned activities involving marijuana or industrial hemp. The Court also dismissed petitioners’ argument that the rule substantively amended the federal Controlled Substances Act. Justices opined that such extract products, including those containing primarily CBD, were already classified under federal law as schedule I controlled substances.

    The DEA has long contended that it possesses broad regulatory authority over “all parts of the plant Cannabis sativa L.,” including “the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin.” The agency includes among this definition products containing cannabidiol or any other non-THC cannabinoids derived from the marijuana plant. It further states, “[T]he Agricultural Act of 2014 does not permit entities [who are not registered with the DEA] … to produce non-FDA-approved drug products made from cannabis.”

    Over a dozen states have enacted legislation in recent years exempting certain persons who possess extracts high in cannabinoid from criminal prosecution. Legislation to approve the retail sale of CBD extracts to adults in Kansas is awaiting gubernatorial action. Indiana lawmakers approved a similar law in April. Several pieces of legislation seeking to exclude CBD from the federal definition of marijuana are pending in Congress. In 2015, Nora Volkow, the Director of the US National Institute on Drug Abuse, publicly acknowledged that CBD is “a safe drug with no addictive effects.”

    Petitioners say that they intend to appeal the ruling.

    The case is Hemp Industries Association et al., v. US Drug Enforcement Administration et al., (No. 17-70162).

    23 responses to “Ninth Circuit Court Rejects Challenge To DEA’s Classification Of Marijuana Extracts”

    1. warren says:

      fuddy-duddys to the rescue

    2. Anonymous says:

      Catalyst – Strona g?ówna

    3. Louie says:

      into the void come the CBD scammers, at least in North Carolina, with the most pathetic CBD specific program in the South.

    4. Matt says:

      DEA dinosaurs are worse than you thiiiiink….continue to smell that old man outdated conservative stiiiiiink…

      Bill Bennett, Mel Sembler, others must be grinning from ear to ear on their wrinkled old faces. Not for long!

    5. Willy says:

      it is friggin’ Kansas for Christ’s sake. fucking backward bunch relgious of Hillbillys running the place.

    6. Carl says:

      We all know the truth, but that makes no difference,Its very hard to win over big money.My Pain doctor said she was fine with patients using CBD OIL.

    7. Bernard Miller says:

      None of this is about the plant, it’s about money and control. A huge chunk of the DEA’s budget was trimmed when they stopped funding the assault on Cannabis. Both the DEA and Big Pharma want control of the public and every dollar to be made here.

    8. Anonymous says:

      How exactly can a federal agency claim a patent on a plant and any molecule inside of it?

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