Joshua Mandell, Cannabis Practice Chair Jonathan Robbins and Courtney Krause co-authored a Law360 article titled, “DEA Hemp Rule Is Safe For Now, But That May Change,” detailing the implications for the regulated substances sector behind the recent decision by the Ninth Circuit Court of Appeals in Hemp Industries Assn. v. U.S. Drug Enforcement Administration. The authors discussed the potential effects on the market for cannabinoid (CBD) products brought by the Ninth Circuit’s decision supporting recent regulatory changes promulgated by the DEA, as well as how the decision may lead to Congressional action.

The authors wrote, “While the Ninth Circuit’s decision may chill the CBD boom taking place across the country, the rule and the court’s decision may also spur action at the federal level. For instance, the bicameral and bipartisan Hemp Farming Act of 2018 introduced by Republican Senator Mitch McConnell, R-Ky., earlier this year would remove industrial hemp, and therefore hemp-derived CBD, from the [Controlled Substances Act] CSA, and effectively supersede the DEA’s rule if passed into law.”