Colorado Law Firm Follows Through and Sues DEA on CBD Ruling

Will weed ever shake its Schedule 1 classification?

The Hoban Law Group, a Denver, Colorado-based firm has followed through on its intention to file a suit against the Drug Enforcement Administration following a DEA-issued-ruling that all cannabis products containing CBD (cannabidiol)––or any cannabinoid––be defined as “marihuana extracts” and be subject to the same Schedule 1 restrictions as all other pot concentrates.

On behalf of three petitioners from the industrial hemp and legal cannabis industries, Hoban Law filed a petition on January 13––the day the DEA's CBD ruling took effect––with the Ninth U.S. Circuit Court of Appeals in San Francisco, California. 

According to a press release from the firm:

“The DEA's Final Rule takes the position that the mere presence of any cannabinoid extracted from the Cannabis plant automatically renders that substance a 'marihuana extract,' despite no cannabinoid except for (synthetic) THC being expressly scheduled under the Controlled Substances Act. This reclassification contradicts the DEA’s acknowledgement in the past that certain cannabinoids exhibit different effects: THC is known for psychoactive properties, whereas CBD, CBG and other cannabinoids are not commonly associated with psychoactive properties.”

Hoban sees the DEA ruling as a “misuse of the drug code,” and argues it is unconstitutional.