In the world of CBD, you can’t live on planet CBD and not be familiar with Ninth Circuit Court of Appeals federal judge Betty Fletcher who on February 6, 2004 wrote,
“…non-psychoactive hemp is not included in Schedule I. The DEA has no authority to regulate drugs that are not scheduled, and it has not followed procedures required to schedule a substance. The DEA’s definition of “THC” contravenes the unambiguously expressed intent of Congress in the Controlled Substances Act (CSA) and cannot be upheld.”
On September 28, 2004 the HIA claimed victory after DEA declined to appeal to the Supreme Court of the United States the ruling from the Ninth Circuit Court of Appeals protecting the sale of hemp-containing foods. Industrial hemp remains legal for import and sale in the U.S.
So what Judge Fletcher has ruled is that the DEA has no legal purview over CBD material because CBD contains little or no pyschoactive ingredients. But don’t tell Lincoln Police Chief Jeff Bliemeister who never heard of such a thing as a federal Judge Betty Fletcher of the U.S. NINTH CIRCUIT COURT OF APPEALS.
But this high profile legal case still hasn’t seemed to have graced the legal desks or tender ears of Chief Fistlebritches or Capt. Peterson who likened CBD to “Spice,”a synthetic chemical compound from China which killed scores of local youths:
“Regardless of what you find on the shelf in Lincoln or what a store owner tells you, if you know that it contains (cannabidiol), if you possess it or use it, that would be a violation of the law,” Capt. Peterson said.
Lincoln police declined to say whether officers have seized any products containing the cannabis compound and would only say the department has several ongoing investigations.
Violators, Bliemeister said, will be held accountable to the full extent of the law and could face prison time and fines similar to those levied against the head shop owners in the K2 case.
Peterson nor Bliemeister seemed to be able to discern between hemp and a hole in the ground.