⚖ Oral Arguments, with Context

The Fourth Circuit hears Bluestar Operations' challenge to a Drug Enforcement Administration rule concerning HHC, short for hexahydrocannabinol. Bluestar makes and sells cannabinoid products that it says are derived from hemp and protected by the 2018 Farm Bill. In May, DEA gave HHC its own listing and identification code among Schedule One controlled substances. The agency says HHC was already controlled; Bluestar says the rule threatens its business by treating its hemp-derived products as illegal. The company has asked this appeals court to review the agency's action directly, rather than appealing a trial-court judgment. One dispute is whether the Farm Bill's definition of hemp covers HHC produced by chemically processing hemp-derived material. The definition at issue includes hemp derivatives with no more than zero point three percent delta-nine THC by dry weight. Another is whether DEA could issue the rule without notice and comment: publishing a proposal and letting the public respond. The judges will also examine whether this particular rule, rather than an earlier agency position, caused an injury the court can remedy.

Bluestar Operations, LLC v. U. S. Drug Enforcement Administration (No. 26-1691) — U.S. Court of Appeals for the Fourth Circuit, argued September 18, 2026.