Since the passage of the 2014 Farm Bill, which allowed for states to begin conducting pilot programs around the cultivation of industrial hemp, members of the private sector and members of congress have been working to expand the abilities and protections of farmers, patients and businesses alike throughout the country in respect to the industrial hemp market. Of the established hemp market, CBD takes center stage as being one of the highest contested commodities that can be produced by this crop. According to the DEA, because CBD cannot be extracted from non-flowering parts of the cannabis plant, CBD should be considered a controlled substance.
As of January 12th, 2018, 28 members of congress, 22 Democrats 6 Republicans, are asking a federal appeals court to reject the DEA’s argument that CBD is a schedule 1 drug. A brief was filed Thursday January 11th in conjunction with the pending lawsuit with the DEA. The 9th Circuit Court of Appeals is set to hear arguments in the case on February 15th . The filing members of Congress believe that the DEA’s statement is “blatantly contrary” to the 2014 Farm Bill. The members also believe that the DEA’s rule about CBD was an “abuse of the DEA’s administrative procedure and rule making authority.” A lawyer for the hemp companies, Bob Hoban, is quoted to say “Congress has spoken, yet again.
The industrial industry has seen exponential growth… and this case represents the most significant challenge that the U.S. Hemp industry has seen to date.” With the CBD market growing every day and the number of consumers receiving benefit from this growth, those members can breath a sigh of relief knowing that Congress and fedreal courts are diligently working to protect their rights to access and use this crop. To read the full story on this issue please visit this link.