On Jan. 16, 2017, Denver-based Hoban Law Group, which represents several clients in the hemp industry, announced that it had filed a petition with the United States Court of Appeals for the Ninth Circuit to challenge a new DEA rule that would make cannabidiol illegal.
Under the new rule, extracts derived from plants in the cannabis genus that “contain one or more cannabinoids” are considered a schedule I substance.
In a press release, Hoban Law Group Managing Partner Bob Hoban said that the DEA overstepped its authority in creating the new rule, citing several instances in which the agency attempted to unilaterally reclassify cannabinoids and failed.
“This is an action beyond the DEA’s authority,” Hoban said. “This Final Rule serves to threaten hundreds, if not thousands, of growing businesses, with massive economic and industry expansion opportunities, all of which conduct lawful business.”
According to The Cannabist, Hoban’s petition is seeking judicial review of the rule, arguing that it’s not consistent with existing law. Hoban also plans to file an administrative petition over the coming days to request that the DEA retract its decision.