This article was originally published on Hoban Law Group, and appears here with permission.
The detailed complaint asks a U.S. District Court to block the DEA from unlawfully criminalizing hemp production
The lawsuit also highlights the DEA’s history of unlawful attempts to regulate legal hemp products and asks the court to enjoin the agency from promulgating any rules related to hemp production
WASHINGTON — The Hemp Industries Association and a South Carolina-based hemp company, RE Botanicals, filed a new federal action today aimed at clarifying the scope of the 2018 U.S. Farm Bill. This is the second federal action taken by the plaintiffs, who last month filed a petition for review of the DEA’s August 21 interim final rule (IFR) in a federal appeals court.
The complaint for declaratory and injunctive relief filed Monday afternoon in the U.S. District Court for the District of Columbia alleges the DEA is unlawfully attempting to regulate certain products derived from lawful hemp by misinterpreting the Agriculture Improvement Act of 2018, also known as the 2018 Farm Bill. Specifically, the DEA classifies intermediary hemp material (IHM) and waste hemp material (WHM), two necessary and inevitable byproducts of hemp processing, as Schedule I controlled substances. The plaintiffs argue that Congress deliberately removed such commercial hemp …