Veralrud and Fowler work hard to stay top of the ever-changing cannabis legalization landscape. With a new rule change or regulation rolled out on what can seem like a weekly basis, how is the lay cannabis user or the cannabis business person supposed to make sure they are following the law? Having the help of a criminal defense lawyer can keep you out of trouble as well as help you out when you are in it.
Recent Federal Extract Rule Changes
Recently, the federal Drug Enforcement Agency (DEA) gave cannabis extracts their own Controlled Substances Code, as well as a name that harkens back to the Nixon era – “marihuana extract.” The full ramifications of this rule change is at this point unclear, although it has concerned a coalition of cannabis industry players enough to file a legal challenge against the DEA.
Defense Lawyers Serve the DEA Notice
The Hoban Law Group of Denver, Colorado represents this small but tenacious collection of companies composed of Centuria Natural Foods, Hemp Industries Association, and RHM Holdings Inc. It is alleged that the DEA’s reclassification of cannabis extracts threatens to derail a burgeoning industry with broad public support.
The DEA is treading in dangerous waters with this rule change, when sixty percent of Americans support cannabis legalization and the Washington, DC political atmosphere is electric with change. Even though it might prove to be as benign as they claim (the DEA says that the change has primarily to do with treaty obligations as well as more accurate drug traffic tracking), these new regulation appear to some as unwarranted aggression on the part of the Agency.
Possible Problems And Solutions
It is not just the recreational marijuana industry that has an interest in the new DEA final rule notice regarding cannabis extracts. The nascent American hemp industry, once an agricultural cornerstone of the country, is shaken by this announcement.
Those who work in the hemp industry, which produces textile products as well as hemp oil, hemp seeds, and non-psychoactive hemp extracts, worry they might inadvertently produce products that will now be labeled “marihuana extract.”
This kind of back-door subversion of the industry has been seen before, and is expected to continue as long as the War on Drugs continues.
Overstepping Their Authority
The basis of the lawsuit being brought on behalf of cannabis industry players by the Hoben Law Group alleges that the issuance of a Controlled Substances Code for cannabis extracts amounts to a scheduling action, even though scheduling actions must come from legislation passed by Congress.
The DEA only has authority to enforce laws, not create their own on the fly. If Hoben is successful in their legal challenge, it will set a good precedent for the dismantling of the federal War on Drugs arsenal which must occur if the cannabis industry is to go mainstream.
Eugene, Oregon Cannabis Defense Attorney
Don’t find yourself caught unprepared in the cannabis industry regulatory minefield. Follow Veralrud and Fowler for the latest cannabis defense lawyer news. It is your job to be a responsible, civilly-minded citizen. It is Veralrud and Fowler’s job to give you the information you need to make informed marijuana lawyer decisions. If you have questions about cannabis law, give Veralrud and Fowler a call today.
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