NHA Response to DEA Ruling on “Marijuana Extracts”

As of December 14th, the DEA has recently published a ruling in the Federal Registrar set to become active on January 13th which seeks to distinguish between all forms of ‘marijuana extract’ and marijuana. The DEA claims the motion will assist agencies in “tracking quantities of this material separately from marijuana”. 

We see the need, now more than ever, for passage of separate and distinct legislation regarding the cultivation and commercialization of hemp as an agricultural crop. 

The NHA is optimistic this will result in further 

clarification of the distinctions between Hemp and marijuana as cannabis derived plants, products, and byproducts. 

“We are closely looking over the new ruling with council. On the surface, it may only impact imported cannabinoids.” Samantha Walsh

In an interview with Leafly, Robert Hoban, a Colorado cannabis attorney and adjunct professor of law at the University of Denver, raised the notion that the rule itself may not be lawful. “This action is beyond the DEA’s authority,” said Hoban. “The DEA can only carry out the law, they cannot create it. Here they’re purporting to create an entirely new category called ‘marijuana extracts,’ and by doing so wrest control over all cannabinoids. They want to call all cannabinoids illegal. But they don’t have the authority to do that.”

The NHA would like to thank our members at Hoban Law Group who are tirelessly scrutinizing the ruling and have begun the necessary action towards resolving any consequences that may have an effect on hemp businesses.

NHA will continue our work with the DEA, FDA and USDA to include highly qualified stakeholders and valuable industry input into how this emerging industry will go forward. 

CANNABIS REMAINS PROTECTED UNDER FEDERAL LAW UNTIL APRIL 28th 2017!!!

 

Medical cannabis operations that are complaint with state and local laws will remain protected through April 2017. The protection was extended when the United States Senate approved budget legislation on Friday, December 9, according to Reuters. The Senate’s approval followed the passing of the bill by the House of Representatives on Thursday. The bill was passed with a vote of 63-36. The White House issued a statement that President Obama signed the measure shortly following the Senate’s approval. The Rohrabacher-Farr Amendment was included in this new budget legislation. The amendment has protected state medical cannabis programs since it was signed into law on December 18, 2015. This is because the Rohrabacher-Farr Amendment forbids the federal government from spending money toward an action that could interfere with state-level medical cannabis programs. Now that Rohrabacher-Farr Amendment remains a law until April 28, 2017, medical cannabis programs, in addition to businesses and patients that are in compliance with respective laws will be protected. This may come as a temporary sigh of relief from those in the cannabis industry who are worried about President-elect Donald Trump’s choice for the next United States Attorney General, Alabama Senator Jeff Sessions. Sessions has been vocal in his extreme opposition of cannabis legalization. United States Representative from California, Dana Rohrabacher, helped to draft the Amendment. Rohrabacher told CULTURE in October that he expected this December vote would continue to protect medical cannabis patients. “We’re keeping the status quo, but we changed the status quo three years ago. And since then, there’s been court decisions backing up the Rohrabacher-Farr Amendment,” Rohrabacher said. “Thus indeed, that is the law of the land now, and that will continue to be the law of the land, I’m sure through the vote that we had last night, but also the votes that we will have in November and December. Nobody has to worry, but we all have to get to work. Because where it’s at is better than it was, but it’s nowhere near where it should be.” On April 28, the bill will have two options to become extended. It will need to pass as a stand-alone bill, or it must once again be included in the spending bill in order to continue protecting the medical cannabis industry from the federal government.