In a bold show of support for the hemp industry and CBD, 28 members of Congress are asking a federal appeals court to reject the Drug Enforcement Administration’s argument that cannabidiol is a Schedule 1 drug.
The Congress members filed the brief Thursday in conjunction with a pending lawsuit against the DEA.
The 9th Circuit Court of Appeals is set to hear arguments in the case Feb. 15.
The Congress members – 22 Democrats and six Republicans – argue that the DEA is “blatantly contrary” to the 2014 Farm Bill when it argues that CBD is a marijuana extract and therefore illegal.
“The Farm Bill’s definition of industrial hemp includes any part of the plant, including the flower,” the Congress members argue in the brief.
The members conclude that the federal agency’s rule about CBD was an “abuse of DEA’s administrative procedure and rulemaking authority.
“Congress passed a law that chose a path of non-interference with industrial hemp legalization in states that wished to explore economic growth opportunities with the crop. Congress made this decision in the face of DEA’s longstanding views.”
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