Hemp Industries Association V. DEA.pdf

- Parties: Hemp Industries Association, Dr. Bronner's Magic Soaps, Atlas Corporation, Nature's Path Foods USA Inc., Hemp Oil Canada Inc., Hempzel's Inc., Kenex Ltd., Tierra Madre, LLC, Ruth's Hemp Foods, Inc., Organic Consumers Association vs. Drug Enforcement Administration (DEA)
- Issue: Challenge to DEA regulations banning sale or possession of comestible items containing trace amounts of tetrahydrocannabinols (THC) from hemp, even if non-psychoactive.
- Court: United States Court of Appeals for the Ninth Circuit
- Judgment: The court reiterates its previous ruling that the Controlled Substances Act (CSA) only bans marijuana or synthetic THC, not naturally occurring THC in hemp. Therefore, DEA's rules and regulations can only be enforced to ban marijuana or synthetic THC.
- Background: Appellants manufacture, distribute, or sell food and cosmetic products made from hemp seed and oil. The DEA issued an interpretive rule and final rules (DEA-205F and DEA-206F) that would ban these products. Appellants challenged the interpretive rule in a previous case (Hemp I), which was stayed pending the final rules. The court considered whether Hemp I was moot after the final rules were published, and a majority of the panel agreed it was not.
- Previous Ruling (Hemp I): The listing of "marijuana" in Schedule I excludes certain parts of the hemp plant, including mature stalks, fiber, oil or cake made from seeds, and other derivatives, except for the resin extracted from the plant.