Hemp Update: 2018 in Review
More than a decade since its seminal ruling in HIA v. DEA II (2004), the Ninth Circuit again weighed in on hemp issues in 2018.
Last time around, the Court invalidated a proposed DEA rule that would have prohibited the human consumption of hemp food and body care products. This time, the DEA issued a seemingly innocuous rule for tracking “marijuana extracts.” The rule’s definition, however, referenced cannabis, which includes hemp, not marijuana. Hoban Law Group challenged the rule on behalf of the HIA, Centuria Natural Foods, and RMH Holdings, arguing that the rule failed to distinguish marijuana from hemp, which is not scheduled under the Controlled Substances Act (CSA).
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