Denver, CO — In December 2016, the Drug Enforcement Administration issued its Final Rule, the “Establishment of New Drug Code for Marihuana Extract.” In response, Hoban Law Group, on behalf of Petitioners Hemp Industries Association, R.M.H. Holdings, Inc., and Centuria Organic Foods, filed a petition in San Francisco’s United States Court of Appeals for the Ninth Circuit on January 13, 2017to challenge DEA’s Final Rule.
Yesterday, on April 30th, the Ninth Circuit Court of Appeals denied the Petitioners’ Petition for Evaluation of the DEA’s Final Rule. The Order, issued by a panel of three appellate judges located that invalidation of the Final Rule was unnecessary due to the Farm Bill’s hemp amendment and that its language pre-empts the Controlled Substances Act and DEA’s associated authority. On their personal, these are important findings from the Court and absolutely portion of the Petitioners’ objectives.
“Though we appreciate the Court’s locating in favor of the legitimacy of the Farm Bill’s hemp amendment, we are nonetheless disappointed with the Court’s findings that the Final Rule does not interfere with lawful, hemp-associated enterprise activities, as even 29 members of Congress confirmed in their Amicus Short to the Court. Provided the pervasive confusion and irreconcilable conflicts of the law that have led to solution seizures, arrests and criminal charges against these involved in the lawful hemp business, the Petitioners think that the Final Rule should be invalidated, absent the Court clarifying and additional resolving these conflicts and their extreme consequences.” stated Bob Hoban
Hoban Law Group will be functioning with the Petitioners to meticulously weigh their solutions, such as a re-hearing, which should be requested from the Court inside 45 days.
About Hoban Law Group
Founded in 2008, Hoban Law Group is the top national law firm specializing in cannabis law and policy. Headquartered in Denver, the firm provides specialist legal and enterprise law counsel across the United States.