The HIA has filed a petition for a review of the DEA's recent internal changes which gave a specific code to CBD and CBD-derived products.
Back in December we wrote about a statement issued by the DEA that said that under "Final Rule—Establishment of a New Drug Code for Marihuana Extract” that a specific code for CBD and products containing cannabinoid would be established. This move immediately triggered confusion and uncertainty in the hemp industry.
Now the Hemp Industries Association, along with other companies, have officially filled a petition for review of this change. The petitioners are seeking clear judicial answers to the possible implications of this type of change. While the DEA said this change was only to improve the internal tracking of CBD in medicinal research, many argue that the move classifies CBD as a Schedule 1 drug - which is a power that the DEA doesn't have.
"The DEA’s attempt to regulate hemp derived products containing cannabinoids lawfully sourced under the CSA [Controlled Substances Act], and farmed and produced under the Farm Bill in states like Kentucky and Colorado, is not only outside the scope of their power, it’s an attempt to rob us of hemp’s economic opportunity,” said Colleen Keahey, Executive Director of the HIA in their statement.
Placing a substance on the Schedule 1 Drug list requires a congressional vote and that is why so many are in the industry are up in arms. Currently, CBD is not specified under the Controlled Substances Act has an illegal substance. This allows for hemp seed and oil, and products derived from these substances to legally function in the United States.
“Over a decade ago, the Ninth Circuit held that non-psychoactive hemp is not controlled by the CSA,” stated Patrick Goggin, co-counsel for the HIA. “The DEA is again attempting to schedule under the CSA cannabinoids and non-psychoactive hemp beyond its authority. We believe the Ninth Circuit will invalidate this rule just like it did in 2004.”
(Editor's Note: Is CBD a Schedule 1 Drug to the DEA?Our original article on this issue provides great background information. We recommend checking out )
The HIA isn't the only organization to act against the DEA's actions. Americans for Safe Access, a nonprofit working to gain access to medicinal cannabis for people around the country supported a petition calling for the DEA to clarify their statement. The petition, circulating on Change.org, has gathered over 100,000 signatures thus far.
You can check out the HIA's full petition by clicking here.