The Flowering HOPE Foundation filed Petition for Review challenging the DEA’s “Marihuana Extract” Rule that the agency promulgated on December 14th 2016.
DENVER, CO, October 29, 2018 /24-7PressRelease/ — Last week, the Flowering HOPE Foundation, (Health Opportunities Possibilities Education (“HOPE”), a not-for-profit organization that works with individuals, families and communities in obtaining safe, lawful access to medical cannabis and, in particular, whole plant hemp oils and extracts, filed Petition for Review challenging the DEA’s “Marihuana Extract” Rule that the agency promulgated on December 14th 2016. The rule defines “Marihuana Extract” “as an extract containing one or more cannabinoids that has been derived from any plant of the genus Cannabis, other than the separated resin (whether crude or purified) obtained from the plant.”
In promulgating the Extract Rule, DEA effectively scheduled hemp oil and Cannabidiol (“CBD”) as schedule I controlled substances under the Controlled Substances Act (“CSA”), without going through proper scheduling procedures. The Rule also places other non-psychoactive, naturally occurring cannabinoids from the cannabis plant into schedule I. Flowering HOPE Foundation’s Petition for Reconsideration challenges DEA’s Extract Rule, requesting that the agency repeal, amend, or renotice the Rule and make it available for public comment. It is imperative that DEA reconsider its Extract Rule and provide clarity for the families and communities that rely on whole plant hemp oils to contribute to a quality of life that was not possible on pharmaceuticals.
Prior to the new Extract Rule, there has never been any mention or listing of non-THC cannabinoids, such as CBD, or other non-psychoactive cannabinoids, as Schedule I compounds under the CSA or any other Federal law. Before the December 14th 2016 rulemaking, the DEA only listed “Marihuana” and “tetrahydrocannabinols” (“THC”) as Schedule I “hallucinogenic substances” under the CSA. The administrative challenge further shows that DEA’s action and the Extract Rule’s definition of “marihuana extract” conflicts with the statutory definition of “marihuana” in the CSA. The Extract Rule also conflicts with statutory exemptions from the CSA for “industrial hemp,” authorized by Congress under the Agricultural Act of 2014 and the Consolidated Appropriations Act of 2015.
Flowering HOPE Foundation’s challenge also demonstrates that by listing, defining and/or scheduling “marihuana extract” as a Schedule I “hallucinogenic substance,” the DEA has exceeded its administrative rulemaking authority under the U.S. Constitution. The Extract Rule criminalizes non-psychoactive, hemp derived cannabinoids such as CBD as Schedule I “hallucinogenic substance[s]” despite their widely recognized therapeutic and medicinal values and usage, lack of addictive qualities, and non-psychoactive nature, including FDA approval of a cannabis derived CBD drug.
Jason Cranford, founder of the Flowering HOPE Foundation, states, “It is the intent of Flowering H.O.P.E. Foundation to obtain clarification from the DEA or the Federal Courts in regards to the legalities of hemp derived CBD. The DEA appears to have taken a backdoor path of adding substances to the Controlled Substance Act through the issuance of the “Marihuana Extract’ Rule.” Cranford goes on to say, “the U.S. Circuit Court of Appeals for the Ninth Circuit has ruled that naturally occurring cannabinoids derived from hemp do not meet the definition of marijuana and therefore are not included in the CSA. The 2014 U.S.D.A. Farm Bill also states that ALL parts of the Cannabis Sativa L. plant species with a THC content of no more than .3% THC are lawful when cultivated in compliance with Section 7606 of this bill.”
Discussing the issues related to DEA’s scheduling of CBD, Cranford states, “CBD has been discovered in numerous plants including flax, hops and barley. By the DEA’s definition of CBD, numerous plant compounds that were not previously included in the CSA have now become Schedule I substances. I do not think it was the intent of the DEA to cause children to be removed from homes and their families nationwide over the definition they created for CBD but unfortunately it is happening. It is time to clarify this once and for all and I am happy that Flowering HOPE Foundation is bringing the situation to light.”
About Flowering HOPE Foundation:
The goal of Flowering HOPE Foundation is to facilitate safe access to life changing medication to those that suffer from multiple ailments, including but not limited to, Cancer, Crohns, Epilepsy, and MS. We create opportunities for patients to receive a better quality of life, making it possible for parents and caregivers to have some piece of mind that their loved ones get the best chance at a successful future. We also strive to spread healthcare education to communities far and wide.
About McAllister Garfield, P.C.:
McAllister Garfield, P.C. is a full-service law firm that pioneers legal strategies and services for the marijuana industry. Beginning with the very first marijuana businesses that emerged in 2009, the Firm has represented hundreds of medical and recreational dispensaries, grows, infused-product manufacturers, and testing laboratories. The Firm currently represents some of the leading marijuana companies in Colorado and nationwide and represents a large number of ancillary and related businesses; including, lenders, investors, landlords, social media companies, trim companies, consultants, vendors, inventors, and packaging companies.
www.mcallistergarfield.com | 866-4-420-LAW
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