Congress members defend CBD, blast DEA’s hemp decision

In a bold show of support for the hemp industry and CBD, 28 members of Congress are asking a federal appeals court to reject the Drug Enforcement Administration’s argument that cannabidiol is a Schedule 1 drug.

The Congress members filed the brief Thursday in conjunction with a pending lawsuit against the DEA.

The 9th Circuit Court of Appeals is set to hear arguments in the case Feb. 15.

The Congress members – 22 Democrats and six Republicans – argue that the DEA is “blatantly contrary” to the 2014 Farm Bill when it argues that CBD is a marijuana extract and therefore illegal.

“The Farm Bill’s definition of industrial hemp includes any part of the plant, including the flower,” the Congress members argue in the brief.

The members conclude that the federal agency’s rule about CBD was an “abuse of DEA’s administrative procedure and rulemaking authority.”

The lawyer who wrote the brief for the Congress members, Steven Cash, told Marijuana Business Daily that Congress members took the extraordinary step of weighing in on the lawsuit in hopes of seeing the courts resolve the conflict between the Farm Bill and the DEA’s interpretation on the Controlled Substances Act.

“Apart from arguing about the relative benefits, flaws and dangers of medical marijuana and hemp, it appears we’re going to solve this (conflict) through traditional avenues, the courts,” Cash said.

The DEA said in late 2016 that because CBD cannot be easily extracted from non-flower parts of the cannabis plant, CBD should be considered a controlled substance. The decision brought a hasty lawsuit from the Hemp Industries Association and a CBD business.

A lawyer for the hemp companies says the brief will show judges that Congress understood what it was doing when it authorized hemp production, meaning not just the stalks and seeds but the whole plant.

“Congress has spoken, yet again,” Bob Hoban said in a statement. “The industrial hemp industry has seen exponential growth … and this case represents the most significant challenge the U.S. hemp industry has seen to date.”

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26 comments on “Congress members defend CBD, blast DEA’s hemp decision
  1. Lauren Ewing on

    Good! Amen!

    This county is purposely letting millions suffer. I have multiple medical issues. One if which is an incurable bladder condition called Interstitial Cystitis. My quality of life is compared to that of a dialysis patient. It’s not fun.

    Currently I am trying to manage and treat my bladder condition. Not sure. There is no cure. The only FDA approved medication called Elmiron. The main side effect is hair loss. I took Elmiron for over a year. It did not work and I lost 70% of the hair on my head.

    Using cannabis and CBD capsules regularly helps alleviate my pain,discomfort, cramping, spasms etc in my bladder, urethra and kidneys. It also helps my fibromyalgia, arthritis and anxiety.

    Where can I send Congress info? Am I able to appear at the hearing? I want to speak up. Thank you.

    Lauren Noel Ewing
    [email protected]

    Reply
    • Bill on

      God bless you Lauren.
      I’m a cancer survivor with similar health issues that are alleviated by CBD’s.
      It breaks my heart to see the greedy, ignorant politicians in this country prevent American citizens with health issues access to cannabis.

      Reply
    • Deb on

      Lauren, i’m so sorry to hear about your medical conditions. please contact your Representative or Senator to let them know of your support for the CBD change. if I may, you may want to contact Sen. Corey Booker of New Jersey. he currently has a bill to legalize pot; perhaps he or his office could give you some advice about how to give testimony at a hearing. Stay Strong, Lauren. Peace!

      Reply
    • B on

      With the many issues that you are suffering, have you considered that some of your problems could be related to tissue damage from the antibiotic Cipro or other antibiotics in that class of drugs? Google FDA warning about Ciprofloxin.

      Reply
  2. Don Berry on

    Canada is so far ahead of the USA in Hemp production and legalization. Canadian Aurora bought Hempco to source the cheap CBD. Hempco will make a ton of money selling the flower and leaves to Aurora who will sell it into the world CBD shortage.
    Thanks, Jeff 🙂

    Reply
    • Larry Bulliet on

      Actually, they are behind in term of CBD from hemp, which until this coming season has been illegal to extract from the Canadian hemp. So far there has been no Canadian hemp derived CBD market, but that will change, some 5 years after the genesis of the US hemp based CBD market.

      Reply
  3. Deb on

    Kristen, could you please supply a link to show which Congress people are supporting the CBDs? it may assist Lauren with her quest if she would know who to contact. i’d like to know as well. thanks.

    btw, your bio says you worked at AP for 20 years. lordy, your picture looks as though you’re still in your 20’s. 🙂

    Reply
    • Kristen Nichols on

      Awww, flattery will get you everywhere! The Congress members are listed in the amicus brief — linked in the story — but I’ll also email you the filing. (Some Chrome users are telling me it’s not opening for them…)

      Kx

      Reply
    • William Doran on

      I WOULD ALSO LIKE TO KNOW. I just spent the afternoon at the VA hospital in LA. I have been trying to tell my Doctor that CBD oil and smoking some cannabis has taken away the pain in my left neck,shoulder and Left arm it took a couple weeks but,as long as I stay away from the trump TV news I’m ok, but when pain returns from this news stress I smoke a bowl of Med- cannabis and a few CBD drops and again in just minutes I’m pain free.

      Reply
    • Sara T on

      Mike Wallace Jr., you are 100% right on the money here! This agency is corrupt with hidden agendas and I believe is paid off my big pharma. They are a flawed agency.

      Reply
  4. Justin Frederico on

    The department of Agriculture and CBD business need to stand up and represent value added agricultural products. Supporters must continue to separate industrial hemp from marijuana on a regulatory basis.

    Reply
  5. Rick Stewar on

    CBD doesn’t meet ANY of the criteria to be classified as a Schedule 1 OR even a Schedule 2 or 3 drug for that matter. The WHO (World Health Organization) has it right, CBD is either a supplement ingredient or MAYBE a schedule 5 (cough syrup, NSAID’s, OTC drugs) at worst.

    In order for an ingredient to be a Schedule 1 Drug it has to meet the following criteria:

    1) It has to be psychoactive, meaning you get high from it. You will NEVER get high on CBD. Never, ever, EVER.

    2) It has to have a high potential for abuse or addiction from a PHYSIOLOGICAL standpoint, meaning your body craves it like heroin and other opiates. Absolutely ZERO potential for abuse or addiction with CBD, you can stop taking it tomorrow with no withdrawal symptoms whatsoever.

    3) it has to have NO ACCEPTED MEDICAL USE. While the DEA and FDA (and probably Big Pharma) may argue it has no “accepted medical use” that is flat out BS and even they know it. CBD may have no accepted medical use per the FDA, DEA or the Feds, but that is because they don’t allow CBD studies to be done in the USA (and its the reason why they classify CBD and marijuana as Schedule 1 drugs – TO KEEP IT OFF LIMITS TO RESEARCH! Many, many, MANY countries worldwide are doing research on CBD, research that proves betond a shadow of doubt that CBD can effectively treat a wide range of health related ailments. And it treats them SAFELY too!

    The US needs to get rid of lobbyists for Big Pharma and their paid off politicians and get on the right side of history with CBD/hemp, and even marijuana, because it is absolutely atrocious that people can’t have legal access to CBD in the US. Absolutely CRIMINAL to keep this naturally occuring hemp compound from those who could benefit from it.

    Again, CBD meets NONE of the criteria to be classified as a Schedule 1 Drug, it was put there by the DEA (and likely politicians working for Big Pharma) so that people can’t access it. That’s it, plain and simple.

    As Martin Luther King Jr. once said; “People have a moral responsibility to stand up against unjust laws”…and the classification of non-psychoactive CBD is one of the great injustices of our time.

    Reply
  6. Robert C KEPPER on

    It will at least be still legal in states allowing pot . sooner or later the DEA will have to conceived and wipe the egg of there face.The Majority has spoken. It will come to pass soon.

    Reply
  7. Tom K. on

    Cbd actually has amazing health benefits, we should not be made to suffer for whatever reason, Canada is so far ahead of the USA in Hemp production and legalization.

    Reply
  8. Brian on

    I’m not sure what everyone is arguing about , the way the bulk was written, it was clear that cbd extracted from marijuanna was the target, and not hemp derived cbd.

    Reply
  9. Jeff Brown on

    Cannabis is the most useful plant on the planet; food, clothing, shelter, energy, medicine, insight, re-creation. It has been mankinds companion and helpmate since the beginning. Any law against it is a crime against humanity, creation and the Creator.

    Reply
  10. Debra Hocking on

    My Husband was diagonised with Pancreatic cancer in December 2017. Given 6 months to live. He was on morphine and other drugs that made him crazy. i started using cbd oil the last 3 months and it helped him with the shakes and kept him alert and no pain. i took care of him the 10 months he was with me. thanks to Cannabis and cbd oil. these made his last few months with me toterable. I also use cbd oil and am no longer taking lexapro which has side effects. It is one of the best medicines out there. thank you for listening. We was married for 43 years. He passed away October-3 2017 and was alert til he took his last breath looking in each others eyes

    Reply
  11. Anonymous on

    You know how when a tree branch gets in the way of a power line and someone comes to clip off that branch from the tree to prevent problems… Well look at the DEA as that branch of government that is not only potentially causing problems, but doesn’t even have any leaves left and is only an ugly branch on the tree that really would be so much better to just completely remove it!

    Reply
  12. amazon.com on

    Let me assure you that I am strongly attempting to resist thee need to type something on the effect of “You will have to be stoned to be aware of every one of the variances of clinical research findings. All I know is that the comp plan is known as unilevel, together with basic details about getting paid. Hemp Has Numerous Food Uses – Hemp seeds through the hemp plant have several food uses.

    Reply
  13. Dan Okon on

    Cannabis is now the stone the builders rejected and has become the chief corner stone, It’s the most useful plant on the planet like the palm tree; food, clothing, shelter, energy, medicine, insight, re-creation. Any law against cannabis is a crime against humanity. The irony of it is that those against it also use for treatment and wear clothing made from it.

    Reply
  14. Charles on

    Didn’t take long for Big Pharma! The newly approved drug will cost between $2500-5000/month. Main ingredient CBD!! Can you believe it GW Pharmaceuticals gets the approval.

    Reply

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