DENVER -- A federal appeals court sided with the Drug Enforcement Administration and upheld its decision that CBD is a Schedule 1 controlled substance -- a major setback for the American hemp industry.
The decision, issued Monday by a three-judge panel of the 9th Circuit in San Francisco, means that hemp producers can only sell cannabidiol where it is allowed under state law.
It also means that states that allow CBD -- even if they don't allow the sale of high-THC marijuana - are violating federal law, the same as states that allow recreational cannabis.
CBD producers who brought the case vowed to appeal.
"We will be appealing, and we will be funding that appeal," said Michael Brubeck, CEO of Centuria Natural Foods and a plaintiff in the case.
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