Marijuana Business Daily has reported that 28 members of Congress have filed a brief to go along with the pending lawsuit against the DEA for keeping cannabidiol (CBD) a schedule 1 drug. The 9th Circuit Court of Appeals is set to hear arguments February 15th.
The Congress members argue that the DEA is “blatantly contrary” to the 2014 Farm Bill when it claims that CBD is a marijuana extract and by definition, illegal. “The Farm Bill’s definition of industrial hemp includes any part of the plant, including the flower.” The DEA’s rule about CBD was an “abuse of DEA’s administrative procedure and rulemaking authority.”
Steven Cash, the lawyer who wrote the brief told Marijuana Business Daily that Congress members took the extraordinary step of weighing in on the lawsuit in hopes of seeing the courts resolve the conflict between the Farm Bill and the DEA’s interpretation on the Controlled Substances Act. “Apart from arguing about the relative benefits, flaws and dangers of medical marijuana and hemp, it appears we’re going to solve this (conflict) through traditional avenues, the courts,” Cash said.
A lawyer for the hemp companies says the brief will show judges that Congress understood what it was doing when it authorized hemp production, meaning not just the stalks and seeds but the whole plant.