Shane Pennington Discusses Hemp Industry Litigation in Response to DEA Overreach in HIA Webinar
May 26, 2021
VS counsel Shane Pennington recently participated in a Hemp Industries Association (HIA) webinar with Rod Kight of Kight Law, where they discussed the HIA v. DEA IV litigation and how this important casework can impact the hemp industries.
In September 2020, the HIA and industry members filed a lawsuit against DEA, challenging a rule that could have far-reaching consequences. This petition asked the federal appeals court to review an interim final rule the DEA issued in August 2020, arguing the agency exceeded its authority and violated the 2018 farm bill. When Congress passed the 2018 farm bill, it explicitly carved hemp and its derivatives out of the Controlled Substances Act so that hemp can be regulated as an agricultural commodity. The DEA’s interim final rule could create substantial barriers to the legal manufacturing of hemp-derived products, a critical component of the hemp supply chain, and devastate the entire hemp industry. Although the DEA states that is not its intention, the rule must be amended to ensure hemp remains an agricultural crop, as Congress intended. The petitioners are represented by leading hemp industry attorneys at Vicente Sederberg LLP, Kight Law Office PC, and Hoban Law Group, along with appellate attorneys from Yetter Coleman LLP.