Made from the seeds and stalks of completely natural hemp plants, Cannabidiol contains a number of extremely beneficial components. However, Chronik Fusions products do not contain THC, or tetrahydrocannabinol. This means that Chronik Fusions Hemp products are not only beneficial, but 100% legal. See United States Court of Appeals, Ninth Circuit.
HEMP INDUSTRIES ASSOCIATION; All-One-God-Faith, Inc., dba Dr. Bronner’s Magic Soaps; Atlas Corporation; Nature’s Path Foods USA Inc.; Hemp Oil Canada, Inc.; Hempzels, Inc.; Kenex Ltd.; Tierra Madre, LLC; Ruth’s Hemp Foods, Inc.; Organic Consumers Association, Petitioners, v. DRUG ENFORCEMENT ADMINISTRATION, Respondent.
Hemp Industries Association; All-One-God-Faith, Inc., dba Dr. Bronner’s Magic Soaps; Atlas Corporation; Nature’s Path Foods USA Inc.; Hemp Oil Canada, Inc.; Hempzels, Inc.; Kenex Ltd.; Tierra Madre, LLC; Ruth’s Hemp Foods, Inc.; Organic Consumers Association, Petitioners, v. Drug Enforcement Administration, Respondent.
Nos. 03-71366, 03-71693.
Decided: February 06, 2004
Before SCHROEDER, Chief Judge, B. FLETCHER, and KOZINSKI, Circuit Judges.Joseph E. Sandler, Sandler Reiff & Young, Washington, D.C. and Patrick Goggin, San Francisco, CA, for the petitioners-appellants. Daniel Dormont, Senior Attorney, Drug Enforcement Administration, Washington, D.C., for the respondent-appellee.
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 tetrahydrocannabinols (“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.
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. But they 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.