Hemp Industries Ass'n v. Drug Enforcement Administration

OPINION

BETTY B. FLETCHER, Circuit Judge.

Appellants manufacture, distribute, or sell comestible items containing oil or sterilized seeds from “hemp” — a species of plant within the genus Cannabis. They challenge two Drug Enforcement Administration (“DEA”) regulations that, taken together, would ban the sale or possession of such items even if they contain only non-psychoactive trace amounts of tetrahydro-cannabinols (“THC”). The DEA asserts that natural, as well as synthetic, THC is included in Schedule I of the Controlled Substances Act (“CSA”). We have previously held that the definition of…