Hemp Industry v DEA: Trial Court Dismisses One Challenge to DEA Interim Rule

May 12, 2021

On May 3, the District Court for the District of Columbia dismissed a petition filed by the Hemp Industries Association and a South Carolina CBD company stating that the District Court didn’t have jurisdiction.  The Judge ruled the parties can only challenge the Drug Enforcement Agency (DEA) Interim Rule in in the District of Columbia Court of Appeals. The Interim Rule would outlaw most methods to make hemp extracts by stating that elevated THC levels during the extraction process aren’t permitted, even if the final product falls under the legal definition of hemp.

U.S. District Judge James Boasberg stated that the parties raised “interesting” questions about the DEA rule.  “Interesting as this question may be, the court ultimately concludes that it is powerless to entertain the merits,” Boasberg concluded.

The issue is now up to the District of Columbia Court of Appeals to decide.

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