Did the 9th Circuit Court of Appeals Just Classify Hemp CBD As a Controlled Substance? No.

It’s an exciting time for hemp products like CBD. The Hemp Farm Act Bill of 2018 is actively moving through Congress, courts are ruling on cases that are helping the hemp industry grow and the world is beginning to embrace CBD as a viable daily supplement. In general, it’s a good time to love hemp products including CBD oil.

That’s why April 30th’s 9th Circuit Court ruling on hemp caused an industry stir because there were rumors that the 9th Circuit Court ruled against hemp derived products. We’re not legal experts, we’re experts on creating premium CBD hemp oil, so we turned to industry advocates and experts, the US Hemp Roundtable for their take. Here’s what we learned: Hemp will continue to be legal under the Hemp Farm Act of 2014.


The 9th Circuit threw out a case brought by the Hemp Industry Association (HIA) on an administrative principle of law, rather than the merit of the actual case. So while you may have heard rumors that this ruling classified hemp-derived CBD as a controlled substance, that is not true. Nor does the ruling signify that hemp product is federally illegal. Hemp product, including hemp CBD, remains a federally legal product. In short, the 9th Circuit Court ruling on April 30, will not create any major changes to hemp products, like CBD oil, you depend on daily.


In fact, there’s actually good news.

The case brought by the Hemp Industry Association (HIA) was based on a controversial “marijuana extract rule” issued in 2016 by the DEA. During litigation, the DEA admitted that the “marijuana extract rule” did not apply to hemp, except to say that some administrative identification on paperwork remains in effect. This changes nothing for Elixinol since we’ve been operating with this administrative paperwork already.

In its ruling, the 9th Circuit Court made clear that the DEA’s rule does not apply to hemp or hemp-derived products developed under the 2014 Hemp Farm Act bill, that includes Elixinol products. In fact, the court actually stated that the Hemp Farm Act of 2014 preempts over the Controlled Substances Act with regard to non-psychoactive hemp-derived products made legal by the 2014 Hemp Farm Act.


At Elixinol, we pride ourselves on delivering premium quality hemp CBD oil to over 40 countries. We meet or exceed legal and safety standards in all those countries to bring people around the world the life-changing CBD they’ve come to rely on in their daily lives. It is important that the confusing patchwork of laws currently in effect be clarified, and that’s why Elixinol is a proud supporter of the US Hemp Roundtable, which was instrumental in the introduction of the Hemp Farm Act Bill of 2018. You can help support the Hemp Farm Act Bill by asking your Congressional representatives to support this bi-partisan bill. This is the time for the hemp community to come together, legal and political momentum is strong and this is a great time to show your support for hemp.


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