Hemp industry won’t appeal DEA case that left CBD status murky

The Hemp Industries Association and businesses that served as co-plaintiffs will not ask a federal appeals court to take another look at their unsuccessful challenge to a 2016 rule by the U.S. Drug Enforcement Administration.

That rule declared that CBD is an extract of the marijuana plant and therefore illegal.

In the April 30 decision, the three-judge court rejected the challenge brought in part because hemp producers aren’t affected by the CBD rule as the products can be legally produced under the 2014 Farm Bill.

“We thought to ourselves, what more could we get out of an appeal?” said Bob Hoban, a lawyer who argued the losing case before the appeals court.