Hoban Law Group filed a petition on behalf of RE Botanicals Inc. and the Hemp Industries Association (HIA) asking the U.S. Court of Appeals for the District of Columbia Circuit to review an interim final rule on hemp production.
“Implementation of the Agriculture Improvement Act of 2018,” which was promulgated by the U.S. Drug Enforcement Administration (DEA) last month, stipulates all hemp derivatives and extracts exceeding 0.3% THC content will continue to be classified as Schedule I controlled substances.
The complaint, filed on Sept. 18, claims this interim final rule is unlawful, as it exceeds the DEA’s legal authority.
The plaintiffs also argue the move violates the Agriculture Improvement Act of 2018 (the Farm Bill), which Congress enacted seeking to establish a federal industrial hemp industry. Acting DEA administrator Timothy Shea ignored several procedures required by law when issuing the interim final rule, the petitioners alleged.