Likely Outcomes Of The 9th Circuit Court Of Appeals Siding With The DEA

It’s about to get interesting

The Federal Court of Appeals in San Francisco ruled in an unpublished Memorandum of Disposition this week that the Drug Enforcement Administration’s December 2016 Marijuana Extract rule change stands. The rule change added a new code number to the DEA rules for “Marihuana Extracts” to make it easier for the DEA to track and trace CBD and other Marijuana Extracts imported to and exported from the United States.

The troublesome part of the new code is that it redefines “Marihuana Extracts” 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.” The challenge to the rule was based on the expansion of the definition of Marijuana to all plants in the genus Cannabis, which could now arguably include extracts from hemp. The DEA made it clear in their rule statement: their policy is that “Extracts of marihuana will continue to be treated as Schedule I controlled substances.”


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