Denver law firm argues that the DEA doesn’t have authority to change the law
Well, well, well! It certainly hasn’t taken long before an arsenal of lawsuits looks set to come blow down the DEA’s door after the new code on marijuana extracts was posted in the federal register. A Denver law firm argues that the DEA doesn’t have authority to change the law on controlled substances without an act of Congress.
Westword.com reports on the recent announcement of the Drug Enforcement Administration (DEA) that cannabidiol, or CBD is now considered a Schedule I substance. Should we be worried?
The Hoban Law Group from Denver has represented many hemp and cannabis businesses in court since 2008. Many upset clients approached the firm after the announcement made by the DEA. Robert Hoban, managing partner of the firm, says any of these clients could be plaintiffs in a lawsuit.
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Too many to count that will sue
Hoban says he lost count of the amount of calls, and says that callers represented some of the most prominent trade groups and hemp groups around the world. They all assured him they would take action. Hoban says that although any of these clients could act as plaintiffs, that would be the last resort, as he sincerely hopes the DEA and the hemp industry can come to agreement through diplomacy or consider it administratively.
Hoban commented that the DEA has overstepped its mark in the past by creating laws unilaterally, and lost when challenged. Now that medical marijuana is legal in 28 states, his firm wrote in a statement, the cannabis industry is up for taking on the challenge of facing down government bodies on issues related to its survival.
Not the first time the DEA overstep the mark
Hoban says that in the past, the DEA classified Kratom as Schedule 1, but after the industry explained the products and economics, the classification was removed. He concludes that the new DEA classification for cannabis extracts is not the “end of the world”, but it is also not a friendly administrative act from the DEA. It is somewhere in between. What is frightening to Hoban is that all cannabinoids are lumped together and classified as dangerous.
It’s hard to believe that 2016 was the year many medical marijuana advocates were hoping the DEA would reschedule marijuana to a Schedule 2 substance and were speculating on the pros and cons if that development should materialize.
Reschedule? A pipedream
We are seemingly sailing backwards, and rescheduling has become no more than a pipedream. But with the law on CBD’s side, and with lawyers like Hoban ready to act, perhaps there isn’t much to worry about after all.
The ups and downs of the marijuana industry will eventually equalize as we are only in the beginning of whole new marijuana era, and we will still see many changes around the fascinating plant, substance, extract, medicine, and drug. Call it what you will, and “use it, don’t abuse it”, as Bob Marley would say.