Is CBD a drug? DEA hemp battle gets February court date

A long-awaited legal challenge targeting federal drug authorities who call CBD a controlled substance will be heard in a federal appeals court in February.

The Hemp Industries Association and hemp businesses are suing the U.S. Drug Enforcement Administration over a 2016 rule that cannabidiol is a controlled substance similar to marijuana.

Arguments before the 9th Circuit Court of Appeals in San Francisco have been scheduled for Feb. 15.

The HIA argues that the DEA’s rule on “marihuana extract” isn’t valid because it doesn’t account for the fact that CBD can be extracted from hemp grown legally.

The arguments could get quite technical.

The DEA argues that because cannabinoids cannot be effectively extracted from parts of the cannabis plant that don’t violate the Controlled Substances Act, all CBD is illegal.

The HIA contends the DEA overstepped its legal authority and is trying to create a new controlled substance, something only Congress can do.

There’s no way to say how long it will take judges to decide the lawsuit, though a decision is expected in 2018.

The losing side has only one recourse: appealing the CBD decision to the U.S. Supreme Court, which would have final say on whether CBD is an illegal drug.

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7 comments on “Is CBD a drug? DEA hemp battle gets February court date
  1. craig zaffe on

    cbdoils from hemp are the elixir of life. they help restore our very own endocannabinoid system .and also they are a phytocannabinoids not drugs

    Reply
  2. Richardo on

    If the Plaintiffs Lawyers don’t bring this up in the battle they should be fired! Patent No. 6,630,507

    How can the Government say its terrible and a schedule1 drug when THEY hold the patent on it of for the medical benefits???

    Reply
    • Rasheed on

      Ricardo,
      You hit the nail on the head. This patent hypocrisy is the gravamen of my Cannabis argument. If Cannabis/Hemp have no redeeming or medicinal benefits then why does the govt have a patent for its neuro and anti-inflammatory properties?

      This question alone should be presented to courts all over the country for the govt to answer.

      Reply
  3. Richardo on

    The Trillion Dollar Failure! The War on Drugs has been an Abysmal Failure at all levels! Cannabis was Never Outlawed based on Scientific Facts and has been the greatest conspiracy again the American people that we have ever known!

    The Fact the Government has a Patent on CBD is the largest Hypocrisy to date!

    Reply
  4. Katie on

    The fact that we’re still calling it “Marihuana” should tell us that this is not about health benefits, its about dehumanizing those who appreciate a plant for it’s natural benefits. There is no science here, it’s all capitalism and racism and bullshit rhetoric.

    Reply

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