Hemp lawsuit in federal court alleges DEA overstepped on “extracts” rule
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.
The new rule opens the doors for potential enforcement actions to be taken against businesses, notably sellers of hemp-derived products that contain cannabinoids, said attorneys for Denver’s Hoban Law Group, representing petitioners Hemp Industries Association and hemp businesses Centuria Natural Foods and R.M.H. Holdings Inc. in the federal case.
“Their final rule is essentially a scheduling action disguised as an administrative rule,” Patrick D. Goggin, a Hoban Law Group attorney, said in an interview Tuesday with The Cannabist.