myPrimeLife
  • Wellness Products
    • Essentials Hemp Extracts
    • DREAM Sleep Gummies
    • PMB Pet Care
    • PMB Skincare
    • PMB Nutritionals
    • Body Therapy
  • Self-Care Support
    • Hemp Edu.
    • Mind & Body Wellness
    • Doctor’s Corner
    • Inspiration
  • PMB Community
    • Affiliate & Executive Spotlights
    • Testimonials
    • Hemp Legislation
  • Why PrimeMyBody
  • LOGIN
  • SUPPORT
  • FAQS
PMB PULSE APP
  • APPLE ITUNES DOWNLOAD
  • GOOGLE PLAY DOWNLOAD

These statements have not been evaluated by the FDA. Our products are not intended to diagnose, treat, cure or prevent any disease. Individual weight loss results will vary.

  • LOGIN
  • SUPPORT
  • FAQS
0
4K
0
myPrimeLife
  • Wellness Products
    • Essentials Hemp Extracts
    • DREAM Sleep Gummies
    • PMB Pet Care
    • PMB Skincare
    • PMB Nutritionals
    • Body Therapy
  • Self-Care Support
    • Hemp Edu.
    • Mind & Body Wellness
    • Doctor’s Corner
    • Inspiration
  • PMB Community
    • Affiliate & Executive Spotlights
    • Testimonials
    • Hemp Legislation
  • Why PrimeMyBody
  • Hemp Legislation

Victory in Defeat: How a Federal Court Ruling Has Opened the Gates for Future Hemp Reform.

  • May 25, 2018
  • PMB Team
Total
0
Shares
0
0
0

The federal ban of cannabidiols may be coming to an end sooner rather than later. Although there was a mild setback regarding federal legalities of industrial hemp extract and cannabidiols, favorable legislative progress continues to be made and many positives have come out of a recent federal court hearing.

For now marijuana/cannabis extract and cannabidiols will remain on the DEA’s Controlled Substance Act (CSA) as a Schedule I drug and hemp producers may only sell cannabidiol in states where it is legal. This classification remains after a three-panel judge in the Ninth Circuit Court of Appeals in San Francisco denied a petition on April 30 that argued against the DEA’s 2016 Final Rule—designating cannabidiols as a Schedule I drug.

The Ninth Circuit Court of Appeals’ petition denial is viewed in legal circles as more of a necessary default than an actual legislative defeat. The outcome of the ruling in no way, and contrary to some media reports, finds that industrial hemp or hemp extracts should be viewed as illegal and provides better clarity and precedent for potential hemp deregulation rulings in the future.

The petition, submitted by the Hemp Industries Association, R.M.H. Holdings, and Centuria Natural Foods, and represented by leading national hemp and cannabis law firm, Hoban Law Group, was circumstantially denied because of procedural oversight rather than lack of merit.

The Ninth Circuit judges held that, because the petition’s points were not raised or commented on during a necessary “notice-and-comment” period prior to the DEA’s proposed rule, they had to deny the petition on procedural grounds. Basically, the judges agreed with many points of the petition, but their hands were tied due to legislative policy regarding commentary that was not submitted during the DEA’s initial Final Rule proposal in 2011.

The petition itself argued the DEA overreached when scheduling marijuana extract under the CSA without conducting adequate scheduling action or finding specific evidence required of the CSA. Petition arguments also stated the 2016 marijuana extract ruling violated federal laws including the Congressional Review Act, Information Quality Act, and Regulatory Flexibility Act.

Many pro-hemp findings—like the legitimacy of the Farm Bill’s hemp amendment cited by the federal judges in this hearing—provided a mostly sunny forecast after the cloudy petition denial.

Representing attorneys from Hoban Law Group pointed out the Courts’ findings:

• The Court found the Farm Bill, which protects non-psychoactive hemp, pre-empts and is protected from the DEA’s 2016 ruling and authority.

• 29 bipartisan members of Congress confirmed that the Farm Bill’s hemp amendment (Section 7606 of the Farm Bill) protects the cultivation of industrial hemp and also the processing, manufacture, distribution, and sale of hemp-derived products, including non-psychoactive hemp products that contain cannabinoids.

• The DEA admitted (during the hearing) it had no intentions of controlling cannabinoids “generally,” and they are in agreement that the Farm Bill’s hemp amendment overrides DEA’s authority and the CSA.

On the court hearings Bob Hoban of Hoban Law said, “Given the pervasive confusion and irreconcilable conflicts of the law that have led to product seizures, arrests and criminal charges against those involved in the lawful hemp industry, the Petitioners believe that the (DEA’s) Final Rule must be invalidated, absent the Court clarifying and further resolving these conflicts and their severe consequences,”

Petitioners and Hoban Law attorneys are presently weighing future action in regard to a re-hearing. The Petitioners have 45-days (as of May 1) to submit a rehearing request.

With active support from Congress and agreement from federal judges on several points of the submitted petition, it is clear momentum for federal deregulation of cannabidiols continues to mount. PrimeMyBody will provide updates on this Marijuana Extract Rule Decision and future hemp-related legislative action. To read Hoban Law Group’s response visit https://bit.ly/2GPUfhM

If you live in a state where hemp oil is being debated for legality we strongly urge you to contact your local representative. For representative contact information in your region visit the resource section on NationalHempAssociation.org.

Total
0
Shares
Share 0
Tweet 0
Pin it 0
PMB Team

Related Topics
  • hemp reform
  • legislation
Previous Article
patty-yu-primemybody
  • Affiliate Spotlights
  • PMB Community

Patty Yu

  • May 24, 2018
  • PMB Team
View Post
Next Article
  • Hemp Legislation

Wisconsin Lifts 75-Year Ban on Industrial Hemp

  • May 27, 2018
  • PMB Team
View Post
You May Also Like
View Post
  • Hemp Legislation
  • PMB
  • PMB Community

PrimeMyBody’s W T Skip Leake Appointed To Texas Industrial Hemp Advisory Council

  • PMB
  • April 14, 2020
Ohio Hemp
View Post
  • Hemp Legislation
  • PMB

Hemp Legalized In Ohio

  • PMB
  • August 8, 2019
Utah CBD PrimeMyBody
View Post
  • Hemp Legislation
  • PMB

PrimeMyBody Hemp Products Certified In Utah

  • PMB
  • August 3, 2019
View Post
  • Hemp Legislation
  • PMB
  • PMB Community

Hemp Now Legal in Texas

  • PMB
  • June 11, 2019
Prime My Body Hemp
View Post
  • Hemp Legislation
  • PMB

Hemp in the Headlines

  • PMB
  • March 25, 2019
FDA CBD law
View Post
  • Hemp Legislation
  • PMB

  • PMB
  • March 1, 2019
Prime My Body
View Post
  • Hemp Legislation
  • PMB
  • PMB Community

What The Farm Bill Means For Your State

  • PMB
  • February 4, 2019
View Post
  • Hemp Legislation
  • PMB

Closing the Door on Hemp Prohibition

  • PMB
  • December 13, 2018

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Trending Posts
  • 1
    Are You Sabotaging Your Sleep?
    • 23.06.22
  • 2
    Support Your Immune System Botanically Part III
    • 22.05.22
  • 3
    Support Your Immune System Botanically Pt II
    • 19.05.22
  • 4
    Support Your Immune System Botanically Part I
    • 24.04.22
  • 5
    ONE80 Success with Cynthia C.
    • 29.03.22
  • Hemp-Infused Skincare For The Ones You Love

    • 23.01.20
    View Post
  • PrimeMyBody business

    The PMB Journey

    • 18.05.19
    View Post
  • Prime My Body

    Dr. Erin Pollinger

    • 02.10.17
    View Post
  • Renee Jeffus

    • 01.10.17
    View Post
  • Kevin Suber

    • 29.09.17
    View Post
GET SOCIAL WITH US
myPrimeLife
  • Privacy Policy
  • Terms of Use
The Official Online Magazine of PrimeMyBody

Input your search keywords and press Enter.