United States Ninth Circuit
HEMP INDUS. ASS'N v. DEA, 03-71366, 03-71603
Defendant cannot regulate plaintiffs' products, which contain a naturally occurring THC not contained within or derived from marijuana, because non-psychoactive hemp is not included in Schedule I of the Controlled Substances Act. Defendant has no authority to regulate drugs that are not scheduled, and it has not followed procedures required to schedule a substance.
Appellate Information
- Decided 02/06/2004
- Published 02/06/2004
Judges
Court
- United States Ninth Circuit