Hemp interests are celebrating a federal appeals court decision last week that challenges the U.S. Drug Enforcement Administration’s ban on synthetic cannabinoids.
Some cannabis attorneys believe the ruling affirms the legality of intoxicating hemp products not explicitly mentioned in the 2018 Farm Bill.
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Others, however, are preaching caution among hemp operators, noting that:
The U.S. Farm Bill clearly prohibits any final product with more than 0.3% THC by dry weight. The U.S. Fourth Circuit Court of Appeals did not find all hemp-derived products to be lawful.
Michael McQueeny, co-chair of law firm Foley Hoag’s cannabis practice, wrote in a blog post that the ruling does “not translate into (a) broader reading that all products derived from hemp are, therefore, lawful.”
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