Is CBD Oil Legal EverywherePosted on 17 Oct 16:49
Lot's of chatter going around about the legality of CBD Oil. The fight has already been fought in federal court.
Hemp oil and many other hemp products, such as seeds, fibers, clothing and composite materials. Hemp oil is legal. Non-psychoactive hemp is not included in Schedule I of the Controlled Substances Act. Hemp is legal to import, sell, and consume in the United States. Our hemp products are considered food or dietary supplements, and our CBD is a natural constituent of the hemp plant and is not synthetic or artificial; therefore, our naturally-derived, hemp-based CBD is exempt from Schedule I just as any other constituent of non-psychoactive industrial hemp is. The United States Court of Appeals for the Ninth Circuit in Hemp Industries Assn., v. Drug Enforcement Admin., 357 F.3d 1012 (9th Cir. 2004), recognized that “non-psychoactive hemp, …fits within the plainly stated exception to the CSA definition of marijuana.” Id. at 1017. As such, the court determined that the government (i.e. DEA) has no authority under current law to completely ban “Cannabinoids" that are found within the parts of Cannabis plants that are excluded from the CSA’s definition of ‘marijuana’ or that is not synthetic.” Id. at 1018.
On March 28, 2003, the Hemp Industries Association, several hemp food and body care companies and the Organic Consumers Association filed an Urgent Motion for Stay in the 9th Circuit Court of Appeals. The industry was optimistic that the Court would grant the Stay, given previous Court action on the issue. In the meantime, the law of the land affirming hemp food's legality remained in effect.
On February 6, 2004 the Ninth Circuit Court of Appeals issued a unanimous decision in favor of the HIA in which Judge Betty Fletcher wrote, "[T]hey (DEA) cannot regulate naturally-occurring THC not contained within or derived from marijuana-i.e. 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. The DEA's definition of "THC" contravenes the unambiguously expressed intent of Congress in the Controlled Substances Act (CSA) and cannot be upheld". On September 28, 2004 the HIA claimed victory after DEA declined to appeal to the Supreme Court of the United States the ruling from the Ninth Circuit Court of Appeals protecting the sale of hemp-containing foods. Industrial hemp remains legal for import and sale in the U.S., but U.S. farmers still are not permitted to grow it.
The summary "Agency Issues Legislative Rule in Violation of Administrative Procedures Act" by Harrison M. Pittman of the National Agricultural Law Center is an excellent overview of the Ninth Circuit Court of Appeals decision in HIA v. DEA.
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