United States Court of Appeals DEA vs. Hemp

This is the actual 2004 court opinion that found the DEA had overstepped its authority and may only enforce Schedule 1 regulation in the presence of marijuana or synthetic THC. The court concluded that:

  • • (The DEA) “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’s definition of “THC” contravenes the unambiguously expressed intent of Congerss in the CSA and cannot be upheld.”

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