Hemp Industries Assn., et. al v. DEA
(Denver, CO) – In December 2016, the Drug Enforcement Administration issued its Final Rule, the “Establishment of New Drug Code for Marihuana Extract.” In response, Hoban Law Group, on behalf of Petitioners Hemp Industries Association, R.M.H. Holdings, Inc., and Centuria Natural Foods, filed a petition in San Francisco’s United States Court of Appeals for the Ninth Circuit on January 13, 2017 to challenge DEA’s Final Rule.
Yesterday, on April 30th, the Ninth Circuit Court of Appeals denied the Petitioners’ Petition for Review of the DEA’s Final Rule. The Order, issued by a panel of 3 appellate judges found that invalidation of the Final Rule was unnecessary due to the Farm Bill’s hemp amendment and that its language pre-empts the Controlled Substances Act and DEA’s related authority. On their own, these are significant findings from the Court and certainly part of the Petitioners’ goals.
“Though we appreciate the Court’s finding in favor of the legitimacy of the Farm Bill’s hemp amendment, we are still disappointed with the Court’s findings that the Final Rule does not interfere with lawful, hemp-related business activities, as even 29 members of Congress confirmed in their Amicus Brief to the Court. Given the pervasive confusion and irreconcilable conflicts of the law that have led to product seizures, arrests and criminal charges against those involved in the lawful hemp industry, the Petitioners believe that the Final Rule must be invalidated, absent the Court clarifying and further resolving these conflicts and their severe consequences.” – Bob Hoban
Hoban Law Group will be working with the Petitioners to carefully weigh their options, including a re-hearing, which must be requested from the Court within 45 days.
About Hoban Law Group: Founded in 2008, Hoban Law Group is the leading national law firm specializing in cannabis law and policy. Headquartered in Denver, the firm offers expert legal and business law counsel across the United States.
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