X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
The hemp industry won a major�and perhaps complete�victory in its battle with the Bush administration when the 9th U.S. Circuit Court of Appeals recently rejected the federal government’s proposed ban on industrial hemp in foods. Unlike its cannabis cousin, marijuana, industrial hemp contains only trace amounts of THC, marijuana’s psychoactive ingredient. Despite industry arguments that hemp is a beneficial product in countless foods from pretzels to pasta, that George Washington grew it and that the federal government even encouraged its use in its World War II film, Hemp for Victory, the Bush administration proposed a ban on its use in foods in 2001. The Drug Enforcement Administration (DEA) proposed an “Interpretive Rule” stating that “any product that contains any amount of THC is a Schedule I controlled substance” under the federal Controlled Substances Act (CSA). The Hemp Industries Association (HIA) and other industry groups sued, challenging the administration’s attempted classification, which would have outlawed the sale or possession of their products. ‘No authority’ Siding with the hemp industry, the 9th Circuit said, “The DEA has no authority to regulate drugs that are not scheduled, and it has not followed procedures required to schedule a substance. The DEA’s definition of ‘THC’ contravenes the unambiguously expressed intent of Congress in the CSA and cannot be upheld.” Hemp Industries Ass’n v. DEA, No. 0371366. Senior DEA attorney Douglas Dormont, who argued the case, said, “Believe me. I have opinions I would love to convey,” but declined to do so, citing DOJ policy. When asked whether the government would seek certiorari or an en banc review, Justice Department spokesman Charles Miller said the decision was still under review. HIA attorney Joseph Sandler of Washington’s Sandler, Reiff & Young, who also serves as general counsel of the Democratic National Committee, said that he would be surprised if the government appealed. “We’re pleased that this exercise�and the uncertainty for our clients�appear to be at an end,” Sandler said, noting that Judge Alex Kozinski, who dissented in an earlier opinion in the case, joined the unanimous panel.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at [email protected]

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.