Hemp Industries Ass'n v. Drug Enforcement Administration

Appellants manufacture, distribute, or sell comestible items containing oil or sterilized seeds from “hemp” — a species of plant within the genus Cannabis. They challenge two Drug Enforcement Administration (“DEA”) regulations that, taken together, would ban the sale or possession of such items even if they contain only non-psychoactive trace amounts of tetrahydro-cannabinols (“THC”). The DEA asserts that natural, as well as synthetic, THC is included in Schedule I of the Controlled Substances Act (“CSA”). We have previously held that the definition of “THC” in Schedule I refers only to synthetic THC, and that any THC occurring naturally within Cannabis is banned only if it falls within the Schedule I definition of “marijuana.” 1 We reiterate that ruling here: in accordance with Schedule I, the DEA’s relevant rules and regulations may be enforced only insofar as they ban the presence of marijuana or synthetic THC.

I. BACKGROUND

Appellants’ business activities include importing and distributing sterilized hemp seed and oil and cake derived from hemp seed, and manufacturing and selling food and cosmetic products made from hemp seed and oil. 2 On October 9, 2001, the *1014…