Linked below and attached is three key legislation pieces and a ninth circuit court case that was ruled on in 2004. The court case proves that hemp and any naturally occurring derivative of hemp THC or CBD is NOT a schedule 1 drug or part of the Controlled Substance Act. (CSA). Also attached is the DEA’s “list of controlled substances” that was published on January 11th, 2016 showing neither Hemp nor Cannabidiol (CBD) is listed as part of a controlled substance.
The first key legislation: The Federal Farm Bill passed in 2014 which allowed the first hemp to be grown in the U.S. This allowed for hybrid high CBD strains to finally be cultivated as hemp which is what they are (20:1 strains or higher are all HEMP). they are nonpsychoactive and have very little THC. Hemp is defined by the amount of THC NOT by the amount of CBD.
Second: Kentucky enacted the first hemp program to allow hemp to be grown in the U.S. Hemp has always been legal in the U.S. That is why you can buy it in whole foods markets across the country in any state. Hemp just wasn't legal to be grown here until the 2014 Federal Farm Bill. When Kentucky enacted their program, the DEA tried to shut the program down and the Agriculture department of Kentucky sued the DEA and the DEA settled out of court, allowing the department of agricultural to license farmers to begin with the first U.S. grown hemp program. Within that program high CBD genetics were allowed to be cultivated. And the first pilot research hemp program was enacted.
(Even though we know we were able to grow hemp, there was no explicit instructions on whether our hemp was allowed to be treated as any other hemp and marketed sold like overseas hemp most knew it may become a courts rights issue which would have been won because no court would rule overseas hemp was allowed rights that American hemp wasn't.)
Third: Finally this brings us to court law! Probably the most important court case ever. In 2001 the DEA tried to halt all sales of hemp products in the U.S. And Dr. Bonners soap sued the DEA and won. Not only did Dr. Bonner win, but the Ninth District Circuit Court ordered the DEA to pay Dr. Bonners legal fees (leaving egg once again on the DEA's face) AND the court ruled and clearly stated that hemp or any derivative of such hemp is NOT Schedule 1 or part of the CSA and I quote:
The DEA's Final Rules purport to regulate foodstuffs containing “natural and synthetic THC.” And so they can, in keeping with the definitions of drugs controlled under Schedule I of the CSA, the Final Rules can regulate foodstuffs containing natural THC if it is contained within marijuana, and can regulate synthetic THC of any kind. However, the DEA cannot regulate naturally-occurring THC not contained within or derived from marijuana-i.e. non-psychoactive hemp products, because non-psychoactive hemp is not included in Schedule I. The DEA has no authority to regulate drugs that are not scheduled, and it has not followed procedures required to schedule a substance.
The DEA's definition of “THC” contravenes the unambiguously expressed intent of Congress in the CSA and cannot be upheld. DEA-205F and DEA-206F are thus scheduling actions that would place non-psychoactive hemp in Schedule I for the first time. In promulgating the Final Rules, the DEA did not follow the procedures in §§ 811(a) and 812(b) of the CSA required for scheduling. The amendments to 21 C.F.R. § 1308.11(d)(27) that make THC applicable to all parts of the Cannabis plant are therefore void. We grant Appellants' petition and permanently enjoin enforcement of the Final Rules with respect to non-psychoactive hemp or products containing it."
- See more at: http://caselaw.findlaw.com/us-9th-circuit/1253723.html
Now flash forward to a few weeks back comes the most current and defining moment in U.S. Grown hemp history. Mitch McConnell, the federal senator from Kentucky, (whom we all should be thanking) concreted hemp sales and distribution by removing any funds from the federal government in the appropriations act. Here is the key legislation that was just passed that takes any courts right issue or gray area away for American grown hemp compliant with section 7606.
Summary of the appropriation bill; No funds shall be used by the federal government to prohibit the sale manufacturing or production of hemp grown compliant with the federal farm bill either inside or outside a state it is grown.
The links to the legislation are below. Attached are the federal bills showing the legitimacy of Palmetto Harmony and the DEA’s “list of controlled substances”.
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