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Two companies in the hemp industry have filed a lawsuit against the DEA looking to over turn the DEA’s attempt to classify CBD as illegal.

The ruling declared CBD as a Schedule 1 substance which didn’t sit well with the CBD industry. A number of legal experts and industry officials don’t feel that the DEA’s move is within the law.

RHM Holdings, The Hemp Industries Association, and Centuria Natural Food cam together to challenge the DEA’s rule. Hoban Law Group is advising the group.

Bob Hoban says “The DEA cannot create a statue, that can only be done by congress”

The lawsuit states that the DEA did not follow the procedures set by the controlled substance act.

The DEA’s Final Rule takes the stand that the presence of any cannabinoid extracted from the Cannabis plant automatically renders that substances like CBD Wax a “marihuana extract,” despite no cannabinoid except for (synthetic) THC being expressly scheduled under the Controlled Substances Act

The lawsuit asks the federal court to review the final rule on the grounds that is arbitrary and unconstitutional.