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Hemp business owners, as well as users, may sooner than later be celebrating a milestone to the culmination of the efforts that the DEA has always been putting in prohibiting people in the U.S from both producing or even selling CBD extracts like CBD oil with THC for sale.

The DEA in 2016 the 14th of December DEA published a new rule which saw the establishment of drug code solely for extracts from marijuana.  The said rule indicates that an extract from “genus cannabis” plant that has any form of cannabinoid would keep being given the treatment of a “Schedule I controlled substance.”

The rule serves as a big hindrance to producers of hemp (know what is the best CBD oil for pain) as well as users based in the United States who until now had legally been producing and using CBD as well as hemp oil under the protection of the Agricultural Act of 2014.

HIA which stands for Hemp Industries Association, as well as different petitioners, challenged this regulation in the court of Appeal in the United States for the Ninth Circuit. Additionally, another group entailing lawmakers also showed their support by filling a document with regards to this same case emphasizing that Congress had already legalized CBD and this status should be retained with regards to the Agricultural Act.

In as much as users would still freely have access to CBD oil, this new rule was causing a hurdle for those producing as well as retailers, the lawsuit, however, could work in making things better for them.

The date for hearing the case was set for the 15th of February 2020 and the venue was in San Francisco, unfortunately, the case would take months.

In as much as users had not come across any legal issues, shop owners in states that were a bit restrictive with regards to controlled substances laws had experienced issues with their stock being taken away by local authorities as well as their shops shut down.

Garrett Graff who is the attorney representing the petitioners note that the industry had experienced a tremendous growth in the country after the 2014 Farm Bill was passed, the case at hand remained to be the biggest issue that the hemp industry in the U.S had ever come across.

The HIA vs. DEA case is more likely to have big consequences in the long term for the hemp industry as well as CBD users. 

The results of this case are paramount for the industry as well as the many people who enjoy the benefits that come with CBD.



The DEA for a couple of decades has been fighting a war with regards to industrial hemp, the Congress, on the other hand, began correcting the situation just close to four years back. The Agricultural Act of 2014 or commonly known as 2014 Farm Bill helped in exempting industrial hemp from a list of Controlled Substances Act through by mere definition that it be grown within the confines of research programs that were authorized and that this is different from marijuana.

Despite this fact, the DEA went ahead and refused farmers from taking part in the said research programs which prompted a lawsuit in 2014 in Kentucky. Due to the numerous attempts by the DEA to ignore this Bill, this led to Congress passing a rider to the Omnibus Appropriations Bill in 2016 in the month of September. This indicated that no money was to be used by the federal government that was obstructing legal hemp research.

 The DEA  has gone ahead to persist that CBD extracts like CBD oil plus capsules derived from hemp are not legal even with the 2014 Farm Bill that made legal the growing of hemp for research purposes in the country.

Even with the 2 laws they still publicly make it known that CBD extracted from hemp is still a Schedule 1 controlled substance,  which does not work well especially for those looking to make an investment in the hemp industry.  This case is very relevant due to the fact that the DEA has always overstretched their mandate by treating all forms of CBD as controlled substances resulting in uncertain times for the industry and the economy it supports.



The federal Controlled Substance Act (CSA) has exempted the stalks as well as cannabis seeds as legal as they have bits of THC. In 2014  the Congress through the Farm Bill extended the exemption from just stalks as well as seeds to each part of the industrial hemp plant as long as it is grown under a research program with a requirement of 0.3% THC or lesser than that. This, however, has not deterred the DEA from asserting that all CBD extracts even if derived from industrial hemp is still a control substance as indicated by the federal law.  

Those involved in the petition made a big step during the briefing phase as they got the DEA admitting that not every cannabinoid is supposed to be categorized in the CSA.  The DEA accepts that it is the origin of the CBD that would determine if it can be categorized as part of the CSA In case the source is an exemption of the stalk as well as seeds, the DEA considers this legal.  The petitioners, however, argued to the effect that the Farm Bill provided for other exemptions for hemp produced under this bill and that is what the DEA had been ignoring all along. Agencies are not supposed to rewrite laws in that manner, petitioners could, therefore, get a court order to set the said rule aside basing on this.   

The argument the DEA presented did not have a solid basis as they tried to say that the exemption was a limited one and only applied to hemp while it was still growing under the controlled environment and as soon as this was out of the area it would then fall under.

This, however, is in contradiction of the Farm Bill as it out rightly works in protecting regardless of whether it is still growing or not growing.  It was also ignoring the intentions Congress had in the growth of businesses dealing with hemp in different states for commercial purposes in marketing as well as research for hemp grown under the research programs. 



 The HIA vs. DEA lawsuit was meant to help in ending the uncertainty surrounding the legality of CBD extracts derived from hemp.

In an amicus brief that was filled in this very case to back up the petitioners, twenty-eight Senators and other representatives who drafted the part of the Farm bill that touches on hemp were out to lay emphasis on this very key point.

Graff commented in the issue by noting that it was very remarkable that close to 30 elected members of Congress would come forward and give an amicus brief supporting the petitioners. He was impressed at how Congress had in another instance supported this very crucial topic.

The said members of  Congress have emphasized that CBD, as well as other products, extract from the Farm Bill hemp are legal, and they need to stick to a requirement that their levels of THC be less than 0.3% as is provisioned by the bill.

The brief gives more info regarding what Congress legalized which included marketing done commercially for industrial hemp extracts as well as any other derivatives and the products like bubble gum flavored CBD would need to stick to the THC requirements.


The attorney acting on behalf of the petitioners are hopeful especially after Congress backed up the case.

Graff confirmed that their clients  HIA, RMH as well as Centuria Foods were happy and humbled by Congress’s support in this very crucial issue.

Users of CBD still have access to CBD without experiencing any hurdles, the rule by the DEA has however brought uncertainty for those producing or selling CBD based products such as hemp bombs CBD gummies, the lawsuit may just be what they need to rest assured about the issue at hand.

February 15 may be the day the DEA faces the music for defying what the Congress had intended all along. It does not matter what the results of the lawsuit would be, farmers, as well as businesses owners, will keep fighting for the federal government to completely legalize the production of hemp; though a positive outcome for the petitioners may just make everything better.

CBD Oil Adviser hope this article has made it easier to understand more about hemp industry.


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