Hemp lawsuit in federal court alleges DEA overstepped on “extracts” rule

April 11, 2017

 A federal lawsuit involving hemp is heating up.

 Lawyers representing the Hemp Industries Association and hemp businesses have filed an opening brief in a 9th U.S. Circuit Court of Appeals case against the Drug Enforcement Administration, fleshing out claims that a new drug code for marijuana extract violates multiple laws and stands to chill a multibillion-dollar business.

The DEA in December adopted a rule that applies a Controlled Substances Code Number for “marihuana extract,” products containing one or more cannabinoids — chemical compounds found within the plant species Cannabis sativa L. Agency officials previously said the coding was the result of proposed rulemaking put into motion in 2011, is primarily administrative in nature, helps to enable research, and complies with international treaties.

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