We believe so. In a statement to the International Business Times, Robert Hoban, a Colorado cannabis attorney and adjunct professor of law at the University of Denver said, “This action is beyond the DEA’s authority. The DEA can only carry out the law, they cannot create it. Here, they’re purporting to create an entirely new category called ‘marijuana extracts,’ and by doing so wrest control over all cannabinoids. They want to call all cannabinoids illegal. But they don’t have the authority to do that.”
After consulting their legal advisory team, the Hemp Industry Association has also chimed in, stating, "There is general agreement that yesterday's ruling did not change the status of CBD." The HIA noted the following important facts:
Sec. 7606 of the Agricultural Farm Act 2014 hemp is defined as distinct from marijuana and does not treat it as a controlled substance.
HIA strongly disagrees with the DEA position and is ready to take action to defend should the DEA take any action to block the production, processing or sale of hemp under Sec. 7606
The Final Rule published on December 14th was not a scheduling action but rather an administrative action related to record keeping for identification of substances on registration forms.
Considering this, Prime My Body sees no imminent danger to your ability to market and sell Prime My Body Nano-Enhanced Hemp Oil throughout the 50 United States. As our CEO, Paul Rogers said, “we are working with the top law firm consultants in the hemp industry and we will continue passing on all relevant information to keep you abreast on the DEA claims."