Cannabis Law Firms Advise RE Botanicals In Lawsuit Challenging DEA’s New Hemp Rule

Hoban Law Group filed a petition on behalf of RE Botanicals Inc. and the Hemp Industries Association (HIA) asking the U.S. Court of Appeals for the District of Columbia Circuit to review an interim final rule on hemp production.

“Implementation of the Agriculture Improvement Act of 2018,” which was promulgated by the U.S. Drug Enforcement Administration (DEA) last month, stipulates all hemp derivatives and extracts exceeding 0.3% THC content will continue to be classified as Schedule I controlled substances.

The complaint, filed on Sept. 18, claims this interim final rule is unlawful, as it exceeds the DEA’s legal authority.

The plaintiffs also argue the move violates the Agriculture Improvement Act of 2018 (the Farm Bill), which Congress enacted seeking to establish a federal industrial hemp industry. Acting DEA administrator Timothy Shea ignored several procedures required by law when issuing the interim final rule, the petitioners alleged.

Hoban and Asheville, N.C.-based Knight Law Office are advising RE Botanicals and HIA, along with Vicente Sederberg LLP and Yetter Coleman LLP.

“We are a small, woman-operated company,” said RE Botanicals CEO Janel Ralph. “The DEA’s new rule could put us out of business overnight.”

Adding to these comments, HIA President Rick Trojan said, “When Congress passed the 2018 farm bill, it explicitly carved hemp and its derivatives out of the Controlled Substances Act so that hemp can be regulated as an agricultural commodity. The DEA’s interim final rule could create substantial barriers to the legal manufacturing of hemp-derived products, a critical component of the hemp supply chain, and devastate the entire hemp industry. Although the DEA states that is not its intention, the rule must be amended to ensure hemp remains an agricultural crop, as Congress intended.”

According to Vicente Sederberg partner Shawn Hauser, the DEA implemented this rule “without following proper rule-making procedures, such as providing the public with notice and the opportunity to comment.”

The petitioners believe legal action is necessary to protect the lawful U.S. hemp industry that Congress intended to establish when it enacted the 2018 farm bill, he added.

Image from OpenClipart-Vectors on Pixabay, edited by El Planteo.

Originally Published on 2020 09 27 by | “hemp” – Google News

Thank you for joining us today for our latest news post. If you have any questions or comments about this post, we’d love to hear from you in the comments! Join the newsletter to stay up to date on the latest Industry News and keep an eye out for our next news article!

Disclaimer: This content was sourced from “hemp” – Google News and republished to our website to add value and additional content for our readers. In order to maintain the safety, functionality, and integrity of, the sourced content may have been altered. To access the original content, please click the link below:


The Editor

The Editor is the internet's largest CBD stores directory. Browse 100s of CBD businesses, find CBD near you, and more!
  • Comments are closed.
  • Sign Up For Our Newsletter

    Stay informed with the latest articles on our CBD blog

    Related Posts

    CBD hemp oil, Hand holding bottle of Cannabis oil against Marijuana plant. Herbal Treatment, Alternative Medicine

    How CBD Can Help You

    With more and more CBD products entering the market every year, the CBD industry is growing at a rapid pace. The industry is projected to

    Pin It on Pinterest