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Members of Congress Side With Hemp Over DEA in Federal Appeals Court

Nearly 30 members of Congress in support of Hemp Industries Association...

Representatives Diana DeGette, Ed Perlmutter and Jared Polis have all sided with the Hemp Industry Associationin its battle with the Drug Enforcement Administration, attaching their names to an amicus brief supporting the HIA's claim that the DEA's stance on cannabis extracts violates federal laws allowing production and distribution of hemp products.

The organization filed a brief in the Ninth U.S. Circuit Court of Appeals in 2017, alleging the DEA violates the 1937 Marihuana Tax Act, Controlled Substances Act and the Farm Bill, among other federal laws and regulations pertaining to cannabis hemp. Before the appellate court begins hearing arguments February 15, nearly thirty members of the Congress attached their names to an amicus brief supporting the HIA's case.

It is a joke to classify hemp as a Schedule I drug. People don’t smoke hemp. They use it as paper, lotion, clothing, biofuel, and so much more,” Polis said in a statement accompanying the brief. “The DEA needs to stop cracking down on the hemp ice cream we give our kids and get its priorities straight. Congress may not agree on much these days, but we did agree that states should be allowed to foster a hemp industry, free from federal interference, just like in the time of our founding fathers."

This isn't the first time the HIA has fought with the DEA in Ninth Circuit Court of Appeals. In 2003, the HIA filed a lawsuit against the DEA for its proposed rule that would've criminalized hemp-seed products containing any trace of THC. In 2004, the Ninth Circuit Court sided unanimously with the HIA, stating the DEA didn't have authority under the Controlled Substances Act to ban an otherwise legal product because it might have traces of THC.

Westword: Congress members call out DEA HEMP policies in Federal Appeals Court