Controlled Substances Act – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 Hemp Industries Association Sues DEA for Regulating Hemp as a Schedule I Drug https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/hemp-industry-sues-dea-lawsuit/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/hemp-industry-sues-dea-lawsuit/#respond Thu, 16 Feb 2017 20:53:36 +0000 https://lawstreetmedia.com/?p=58962

The DEA could be found in contempt of court.

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"Hemp - close up" Courtesy of storebukkebruse : License (CC BY 2.0)

The Hemp Industries Association (HIA) has filed a motion against the DEA, challenging the agency’s handling of hemp foods as Schedule I drugs.

On February 6, the HIA filed a motion to find the DEA in contempt of court for failing to comply with a 13-year-old court injunction, prohibiting the agency from regulating hemp food products as Schedule I controlled substances. A 2004 ruling, made by the Ninth Circuit Court of Appeals, determined that the DEA had violated the Controlled Substances Act by designating hemp stalk, fiber, sterilized seed, and oil as “marijuana.”

Hemp contains trace amounts of naturally occurring THC, the main psychoactive ingredient in marijuana. The versatile crop be used in a variety of ways, from making rope and fabrics, to food and fuel. In December 2016, the DEA and North Dakota Department of Agriculture halted the export of Healthy Oilseeds’ hemp products grown under the state’s hemp pilot program and Congress’ Agricultural Act of 2014 (Farm Bill), claiming it was prohibited “because industrial hemp is a Schedule I controlled substance under the Federal Controlled Substances Act.”

“We will not stand idly by while the DEA flouts the will of Congress, violates the Ninth Circuit order, and harasses honest hemp producers trying to make a living with this in-demand crop,” said Colleen Keahey, Executive Director of the HIA, in a press release.

The motion comes nearly two months after the DEA added a new code to its Federal Register that reclassifies CBD oil and other marijuana extracts, like hemp oil, as Schedule 1 drugs. DEA officials argued that the code would allow the agency to track quantities of CBD and other marijuana extracts imported and exported to and from the U.S. separately from quantities of marijuana, but marijuana advocates have labeled the move as federal overreach.

Classifying marijuana–and its derivatives, such as hemp–in the same category as “hard drugs” like heroin and bath salts continues to baffle weed advocates; the drug is praised for its medicinal properties, and no deaths from a marijuana overdose have ever been recorded.

“Hemp is a healthy superfood with vital nutrients such as Omegas 3 and 6, protein, fiber and all 10 essential amino acids that are ideal for today’s family,” said Keahey. “The DEA must stop treating hemp, hempseed and hempseed oil, which is a nutritious ingredient, as something illicit.”

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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DEA Raids NFL Teams After Sunday Games https://legacy.lawstreetmedia.com/blogs/sports-blog/dea-raids-nfl-teams-sunday-games/ https://legacy.lawstreetmedia.com/blogs/sports-blog/dea-raids-nfl-teams-sunday-games/#comments Tue, 18 Nov 2014 22:29:53 +0000 http://lawstreetmedia.wpengine.com/?p=28941

Is this a sign that the NFL is taking criticism seriously?

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Hey y’all!

I love a good football story, but I am a little bit tired of all of the crappy ones coming out of the NFL these days. Ray Rice likes to hit women, Adrian Peterson is suspended for the remainder of the 2014 season, and now the DEA raids teams at away games.

The DEA showed up unannounced on Sunday after several games to check on the visiting teams and medical staff. The San Francisco 49ers’ staff was checked at MetLife Stadium in New Jersey after playing the New York Giants; the Tampa Bay Buccaneers’ staff was checked at the Baltimore-Washington International airport after playing the Redskins; and the Seattle Seahawks confirmed via the team’s Twitter account that they were spot-checked as well after they played at Kansas City against the Chiefs.

“DEA agents are currently interviewing NFL team doctors in several locations as part of an ongoing investigation into potential violations of the (Controlled Substances Act),” Drug Enforcement Administration spokesman Rusty Payne said Sunday. Of course there were also no arrests because we all know that would be plastered all over the news. Does this show that the NFL is doing what it’s supposed to be doing? Surprise, surprise the NFL might actually take something seriously when it comes to its players!

The DEA claims that the teams involved were not specifically targeted, but rather they were chosen because they were travelling and the DEA wanted to see if visiting clubs were in compliance with federal law. DEA agents requested documentation from the visiting teams’ medical staffs for any controlled substances in their possession, and for proof that doctors could practice medicine in the home team’s state.

The investigation was triggered by a lawsuit filed in May on behalf of more than 1,200 former NFL players going all the way back to 1968.

The lawsuit alleges that the NFL and its teams, physicians, and trainers acted without regard for players’ health by withholding information about injuries while at the same time handing out prescription painkillers such as Vicodin and Percocet and anti-inflammatories such as Toradol, to mask pain and minimize lost playing time.

The NFL is also trying to finalize a $765 million class-action settlement reached in August 2013 over complaints by thousands of former players that the NFL concealed the risk of concussions.

I have a hard time wrapping my head around certain lawsuits. Guys, if a team doctor is handing you drugs and you feel uncomfortable with it, why not just say no? Or get a second opinion? You do have the right to refuse treatment and see another doctor outside of the NFL world. You might have to pay for the visit yourself but I’m pretty sure you make enough to afford a visit to a doctor who will tell you the truth and let you know what you should be on. I understand that the team physicians are supposed to be there to help out the players, but let’s be honest about where the loyalty really lies. Players don’t sign those big fat checks those doctors are cashing.

Allison Dawson
Allison Dawson was born in Germany and raised in Mississippi and Texas. A graduate of Texas Tech University and Arizona State University, she’s currently dedicating her life to studying for the LSAT. Twitter junkie. Conservative. Get in touch with Allison at staff@LawStreetMedia.com.

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