Well known cannabis law firm Vicente & Sederber says fears over a CBD ban in the USA are groundless.
“I do believe the DEA when they say this an administrative move towards clarity,” Joshua Kappel, a partner in the firm told Cannabis Now, Jan. 30. “There is no drug that is illegal now that was legal before … the DEA has to work with Congress to reschedule a substance,” Kappel said.
The comments may settle nerves in the U.S. CBD market following a recently published DEA notice many interpreted as an Agency attempt at “banning” or “rescheduling” CBD.
The attorneys cited rulings from a 2004 case in which the Hemp Industries Association sued the DEA as well as the 2014 Rohrabacher-Farr Amendment, which prohibits the DEA operates from interfering in state oversight and control of medical cannabis and CBD.
Vicente & Sederber’s opinion is in conflict with the Hemp Industries Association (HIA) and its attorneys, who earlier this month filed a lawsuit against the DEA over the recent notice, which addressed the creation of a unique “Controlled Substance Code Number” for cannabis extracts.
The National Hemp Association, a separate U.S. industry organization has also questioned the justification for the HIA suit.