After writing my blog post about the DEA’s new rule on “marihuana extract”, particularly as it pertains to CBD and other hemp oils, I decided to take a short break to allow some things to develop before posting again. In this blog post I aim to bring my readers up to speed on the DEA rule and to seek your financial support for the litigants in the court case filed to contest the rule.
First of all, as to the status of the rule: The Hoban Law Group has filed a Federal court case on behalf of three Plaintiffs against the DEA to challenge the rule. I talked with Bob Hoban about the case several times prior to its filing and feel very confident about it. The case is currently pending in the 9th Circuit in San Francisco, California. Click here for a press release about the lawsuit. The 9th Circuit Court will review briefs, and possibly schedule oral arguments, before issuing a decision. The Plaintiffs’ brief is due in April. The DEA’s response brief is due in May. We do not yet know when the Court will issue a decision, but we have strong arguments and the 9th Circuit has historically been friendly to the hemp and cannabis industries. Despite feeling good about the arguments, there is no doubt that a LOT is at stake. The new definition of “marihuana extract” effectively requires DEA registration for all industrial hemp extractors, and effectively deems even cold pressed hemp seed oil found at Whole Foods and your local health food store to be an illegal schedule I controlled substance.
Secondly, the case needs your financial support: The lawyers are working pro bono (ie, for free), but any litigation of substance such as this incurs significant expenses beyond the lawyers’ fees. Hoban says: “We need your help TODAY. Please send a check to the “Hoban Law Group ESCROW” and we will send you a receipt for your contribution. Without your support, this effort is sure to fail, and it will set the industrial hemp industry back another seventy years.” If you have any stake in the hemp and CBD industries whatsoever a negative ruling in this case could harm, and even completely shut down, your business. The stakes are that high. Now is the time to support this important efforts. Here is the address to mail your checks: Hoban Law Group, 730 17th Street, Suite 420, Denver, CO 80202. Make a note that the proceeds are a donation for the DEA lawsuit.
In the meantime, hemp businesses continue to press on. If you are in the business of selling CBD and other marijuana extracts I would be happy to discuss this development and your legal options. You can reach me directly by clicking here and sending me a message.
Thank you for reading and for your support. Thanks also to Mat and Ally at Cured by Nature for the original image I used in this post.
Rod Kight is a lawyer based in Asheville, NC. He is licensed in North Carolina and Oregon and represents legal cannabis businesses.