Break out the
Alpsnacks! I just returned home to find an email in my in box and the Ninth Circuit Court of Appeals opinions page open in my browser and there is a decision in HIA v DEA - we won! Here's the Conclusions section of the Ninth Circuit Court's unanimous finding:
IV. CONCLUSION
[9] The DEA's Final Rules purport to regulate foodstuffs containing "natural
and synthetic THC." And so they can: in keeping with the definitions of
drugs controlled under Schedule I of the CSA, the Final Rules can regulate
foodstuffs containing natural THC if it is contained within marijuana, and
can regulate synthetic THC of any kind. But they cannot regulate
naturally-occurring THC not contained within or derived from marijuana —i.e.,
non-psychoactive hemp products — because non-psychoactive hemp is not
included in Schedule I. The DEA has no authority to regulate drugs that are
not scheduled, and it has not followed procedures required to schedule a
substance.
[10] The DEA's definition of "THC" contravenes the unambiguously expressed
intent of Congress in the CSA and cannot be upheld. DEA-205F and DEA-206F
are thus scheduling actions that would place non-psychoactive hemp in
Schedule I for the first time. In promulgating the Final Rules, the DEA did
not follow the procedures in §§ 811(a) and 812(b) of the CSA required for
scheduling. The amendments to 21 C.F.R. § 1308.11(d)(27) that make THC
applicable to all parts of the Cannabis plant are therefore void. We grant
Appellants' petition and permanently enjoin enforcement of the Final Rules
with respect to non-psychoactive hemp or products containing it.
PETITION GRANTED.
Download Opinion (15 pages long) in PDF format:
http://www.ca9.uscourts.gov/ca9/newopinions.nsf/90DC066FE8E8955688256E31007
ACE3B/$file/0371366.pdf?openelement
