Hemp Group Tells DC Circ. To Maintain DEA Palms Off ‘Sizzling’ Crops

By Sam Reisman (January 20, 2022, 6:35 PM EST) — Hemp industry advocates have again asked the D.C. Circuit to reconsider the Drug Enforcement Administration’s authority to enforce policies against hemp processors that handle so-called “hot” material that surpasses the legal limit of THC.

In a pair of reply briefs in separate but related appeals on Wednesday, the Hemp Industries Association reiterated its argument that the 2018 Farm Bill entirely ejected hemp from the ambit of DEA authority when it removed the crop from the Controlled Substances Act.

In the 2020 interim final rule at issue in the appeal, the DEA said any hemp derivative would still be considered a Schedule I…

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