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Hemp Litigation: DEA Sued Again

Canna Law Blog

The Canna Law Blog has been writing about the Drug Enforcement Agency’s (DEA) interim final rule (IFR) on hemp since its August publication in the Federal Register: Watch Out! The DEA Just Passed a BAD Interim Rule Impacting Hemp CBD and Other Cannabinoids. The DEA Does Not Want You To Worry About Its New Hemp Rule.

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The Hemp Industry Responds to the DEA Rule With a Lawsuit

Canna Law Blog

On August 21, the Drug Enforcement Agency (the “DEA”) released an Interim Final Rule (the “ Rule ”), which, in part, suggests that in-process hemp extract shall be treated as a schedule I controlled substance during any point at which its THC concentration exceeds 0.3 But some have taken their opposition one step further by suing the DEA.

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Hoban Law Group: Progress Report: 2018 Farm Bill

Cannabis Law Report

With the recent passage of the Agriculture Improvement Act of 2018 — the 2018 Farm Bill — these are exciting times for many in the cannabis industry. The 2018 Farm Bill means that hemp will be regulated by the U.S. Department of Agriculture (USDA), not the Drug Enforcement Agency (DEA). PUBLISHER: CANNABIS LAW REPORT.

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Federal Court: California Must Share Cannabis Licensee Records with Feds

Canna Law Blog

This summer, the DOJ and the DEA sued the BCC because the BCC refused to comply with a DEA subpoena about the alleged extracurricular drug trafficking above. The BCC has refused to provide that information to the DEA. In the January subpoena (which is standard and boilerplate), the DEA wrote that “the information sought.

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New Hemp Testing Guidelines Make Meeting 0.3% THC Limit Difficult

Medicinal Genomics

The 2018 Farm Bill also closed a loophole that allowed high THCA plants to meet the 0.3% The 2018 bill specified that labs must use a “post-decarboxylation or other similarly reliable” method for detecting THC. No existing cannabis labs are registered with the DEA because they handle a schedule 1 substance, which violates federal law.

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FDA CBD Regulations Are On the Way (Sorta)

Canna Law Blog

Until recently, CBD resided in a legal penumbra where hemp was still scheduled on the federal Controlled Substances Act and could not be cultivated without a permit from the Drug Enforcement Administration (“DEA”). 2018 Farm Bill. The 2018 Farm Bill didn’t regulate CBD though. States do their own thing.

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U.S. Court of Appeals Weighs in on Hemp-Derived Delta-8 THC Classification Cannabis Practice Update

Cannabis Law Report

Key Notes: The Ninth Circuit found that Delta-8 THC products are federally legal under the plain meaning of the definition of “hemp” set by the 2018 Farm Bill, making it the first Circuit to find such products lawful. Thompson Hine LLP is available to assist vapor businesses with their compliance needs. Date: May 25, 2022.

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