Business
After legal setback, hemp extractors hope DEA won’t make any big moves
Hemp extractors worried about a federal crackdown over THC levels have dim prospects for getting help from the judicial system.
Instead, they’re looking to the words of the U.S. Drug Enforcement Administration in hopes the agency won’t put much effort into enforcing its 2020 rule about hemp extracts that go “hot,” or beyond 0.3% THC.
The hemp industry is largely keeping quiet in the wake of a June ruling by a federal appeals court in Washington DC.
The court sided with the DEA and ruled that hemp materials become illegal marijuana the moment they exceed the federal THC limit.
That interpretation alarmed CBD processors because common CBD extraction methods produce material with elevated THC amounts that are later remediated to meet the legal limit.
The court rejected arguments from the Hemp Industries Association and South Carolina CBD maker RE Botanicals, which argued that the DEA was violating the intent of the 2018 Farm Bill, which exempted hemp and its derivatives from the U.S. Controlled Substances Act.
In fact, the judges seemed nothing short of annoyed that hemp activists would challenge a rule that the DEA promised was a simple clarification of the new law.
Writing for a three-judge panel, U.S. Circuit Judge Laurence Silberman said the hemp plaintiffs were “wholly unable to show their injury” and that related arguments about prescription CBD were “frankly ridiculous.”
The decision frustrated Jody McGinness, head of the Hemp Industries Association, who told MJBizDaily after the decision that hemp arguments “weren’t given a real hearing.”
“We’re disappointed in the court’s ruling,” McGinness said.
One hemp company that was not involved in the case and does not perform extraction said the decision could harm all hemp operators.
“The result is bad for business and will continue to be a drag on investment, research and innovation in the hemp industry,” Cynthia Cabrera, chief strategy officer at Texas-based e-commerce hemp retailer Hometown Hero CBD, told MJBizDaily via email.
Next steps
The Hemp Industries Association and RE Botanicals have limited legal options after the defeat.
Because the case was heard before a federal appeals court, the only other court that could review the hemp claim is the U.S. Supreme Court.
Problem is, the nation’s highest court isn’t obliged to take any cases except when states sue each other (which actually happened over cannabis in 2014, when Oklahoma and Nebraska sued Colorado for legalizing adult-use cannabis; the U.S. Supreme Court declined to interfere).
In this case, the hemp activists concede that the Supreme Court is highly unlikely to intervene.
They could try another legal maneuver and ask for what is called an “en banc review,” where the appeals court takes another look. But even that is a long shot.
“The odds of that being granted are something less than 1%, statistically,” McGinness said.
The other plaintiff in the case, RE Botanicals, did not respond to requests for comment from MJBizDaily.
Silver lining
The DEA’s rule might appear to criminalize common methods of CBD extraction.
But the agency’s defense is giving hemp activists and attorneys hope that their lawsuit was worthwhile.
That’s because the DEA’s lawyers said in writing and in court they had no intention of overseeing the hemp industry beyond what Congress allowed in 2018. (The agency did not reply to follow-up questions from MJBizDaily.)
Andrea Steel, a cannabis attorney in Houston who followed the DEA case but didn’t work on it, said the challenge was useful even though the hemp activists lost. That’s because the DEA showed no interest in regulating hemp while it is being processed.
“It’s just not a priority for the DEA,” Steel said. “The DEA reiterated (that) nothing in this rule was meant to expand (the agency’s) authority.”
In fact, she hopes the DEA’s words might benefit manufacturers making delta-8 THC products from hemp. That’s because the DEA reiterated that marijuana is defined by a level of delta-9 THC, the molecule that cannabis plants make naturally.
Another cannabis attorney, Patrick Goggin, said he would advise hemp extractors to “proceed with the status quo” after the DEA decision.
Goggin, chief lawyer for the California Hemp Council, said the failed lawsuit could prove valuable because of the legal record it leaves behind.
“It’s useful in the sense that the DEA indicates that they’re not going to enforce (the rule),” he said, “and it took the challenge to get them to state that.”
Source: https://mjbizdaily.com/after-legal-setback-hemp-extractors-hope-dea-wont-make-any-big-moves/
Business
Alleged Crores Pharma Scam Mastermind Arrested from Surat
After evading law enforcement for nearly 13 years, an accused linked to a large-scale pharmaceutical fraud case has been arrested by Delhi Police from Surat, Gujarat. The suspect is alleged to have orchestrated a series of financial scams involving fake identities, forged documents, and dishonoured cheques used to procure high-value pharmaceutical raw materials.
Authorities say the accused, identified as Himmat Singh Lodha, is believed to have defrauded multiple pharmaceutical companies in Delhi of goods worth approximately ₹98 lakh before disappearing and remaining underground for years.
Fake Business Deals and Dishonoured Cheques Used in Fraud
Investigators claim the accused posed as a legitimate pharmaceutical trader and placed bulk orders for expensive drug ingredients, offering post-dated cheques as payment security.
In one documented case from 2013, he allegedly obtained around 550 kilograms of Gliclazide, a diabetes-related pharmaceutical ingredient, valued at over ₹26 lakh. When suppliers attempted to encash the cheques, they were reportedly returned with the remark “account closed.”
Following the transaction, the accused allegedly vacated his office and rented residence and disappeared without settling payments. He was later declared a proclaimed offender in 2016 after repeatedly failing to appear before court proceedings. Authorities had also issued a reward for information leading to his arrest.
Multiple Identities and Repeated Fraud Pattern
Police investigations further link the accused to another cheating case dating back to 2012, where he allegedly used a fake identity, “Kailash Jain,” to obtain a large consignment of Ambroxol HCL, a pharmaceutical compound used in cough medications. The value of that consignment was estimated at around ₹72 lakh.
Officials believe the accused followed a consistent modus operandi—posing as a credible businessman, securing high-value goods on deferred payment terms, and then disappearing after delivery while shutting down business operations.
Investigators suspect that forged business records, fake company credentials, and fabricated financial histories were used to build trust with suppliers and gain access to expensive raw materials.
Multi-State Surveillance Leads to Arrest in Surat
A special Crime Branch team tracked the accused through coordinated surveillance efforts across multiple cities, including Mumbai, Ahmedabad, and Surat. After nearly a month of technical monitoring and intelligence gathering, officials located and arrested him from a residential area in Surat.
Authorities also revealed that the accused had been involved in property-related activities while staying under the radar to avoid detection.
Growing Threat of Corporate Identity Fraud
The case highlights a rising trend of organised financial fraud targeting industries that rely heavily on trust-based transactions and deferred payments. Experts note that criminals increasingly exploit gaps in corporate verification systems by using fake GST registrations, temporary offices, and forged documentation to appear legitimate.
Cybercrime and financial fraud specialists warn that such schemes are becoming more complex with the widespread availability of digital business tools, making it easier to create convincing but fraudulent corporate identities.
Experts Urge Stronger Due Diligence in High-Value Transactions
Experts, including former IPS officer and cybercrime specialist Prof. Triveni Singh, emphasize the need for stricter verification procedures in commercial dealings. He noted that relying solely on paperwork or digital business profiles can expose companies to significant financial risk.
Authorities and industry experts recommend physical verification of business operations, bank account validation, and detailed background checks before engaging in high-value or deferred-payment transactions—particularly in sectors like pharmaceuticals, where single consignments can involve transactions worth crores.
Business
EU Pressure Builds on Google as Regulators Face Calls for Massive Fine Over Search Practices
A growing coalition of European industry groups is intensifying pressure on regulators to take decisive action against Google over allegations of unfair search practices that could reshape competition rules across the region’s digital economy.
Investigation Under Digital Markets Act Gains Momentum
The case is being examined by the European Commission under the European Union’s landmark Digital Markets Act (DMA), introduced to curb the dominance of major technology platforms and ensure fair competition.
Launched in March 2024, the investigation focuses on whether Google has been prioritising its own services in search results, potentially disadvantaging rival businesses that rely on online visibility to reach customers.
Industry Groups Demand Swift Action
Several prominent European organizations have jointly urged regulators to conclude the probe without further delay. They argue that prolonged investigations allow alleged anti-competitive practices to continue, putting European companies—especially startups—at a disadvantage.
Signatories include the European Publishers Council, the European Magazine Media Association, the European Tech Alliance, and EU Travel Tech.
In a joint statement, these groups warned that delays in enforcement are affecting innovation, profitability, and growth prospects for regional businesses competing in digital markets.
Google Denies Allegations
Google has rejected claims of bias, stating that its search algorithms are designed to deliver the most relevant and useful results to users. The company has also proposed adjustments to address regulatory concerns.
However, critics argue that these changes are insufficient and fail to address the core issue of market dominance.
Potential Billion-Euro Penalties
If found in violation of the DMA, Google could face significant financial penalties. Under EU rules, fines can reach a substantial percentage of a company’s global turnover, potentially amounting to billions of euros.
Regulators may also impose corrective measures requiring changes to business practices, which could have long-term implications for how digital platforms operate in Europe.
Wider Implications for Big Tech
The case highlights ongoing tensions between European regulators and major U.S. technology firms. In recent years, the EU has taken a more aggressive stance in enforcing competition laws, aiming to create a level playing field for local businesses.
A final ruling against Google could set a major precedent, influencing future enforcement actions and shaping the regulatory landscape for global tech companies operating within Europe.
As scrutiny intensifies, the outcome of the investigation is expected to play a critical role in defining the future of digital competition across the European Union.
AI & Technology
Amazon Faces Potential Criminal Trial in Italy Over €1.2 Billion Tax Evasion Allegations
Milan: U.S. tech giant Amazon is facing the prospect of a major legal showdown in Italy, after prosecutors in Milan formally requested a court to move forward with criminal proceedings over alleged tax evasion totaling approximately ₹12,500 crore (€1.2 billion).
The case targets Amazon’s European division along with four senior executives, marking one of the most significant tax-related investigations involving a global e-commerce platform in Europe.
Trial Push Despite Multi-Million Euro Settlement
The move comes even after Amazon reached a financial settlement with Italian tax authorities in December, agreeing to pay around ₹5,500 crore (€527 million), including interest, to resolve part of the dispute.
Typically, such settlements lead to the closure of criminal investigations. However, Milan prosecutors have opted to proceed, signaling a tougher stance on alleged corporate tax violations.
A preliminary hearing is expected in the coming months, where a judge will decide whether to formally indict the company and its executives or dismiss the case.
Allegations of VAT Evasion Through Marketplace Sellers
At the center of the investigation are claims that Amazon’s platform enabled non-European Union sellers to avoid paying value-added tax (VAT) on goods sold to Italian consumers between 2019 and 2021.
Prosecutors allege that the company’s marketplace structure allowed thousands of foreign vendors—many reportedly based in China—to operate without fully disclosing their identities or tax obligations. This, authorities argue, led to substantial VAT losses for the Italian government.
Under Italian law, online platforms facilitating sales can be held partially liable if third-party sellers fail to comply with tax requirements, a key point in the prosecution’s case.
Italian Government Named as Affected Party
In their filing, prosecutors identified Italy’s Economy Ministry as the injured party, citing significant financial damage resulting from the alleged tax evasion.
Legal experts say the outcome of the case could have wide-ranging implications across the European Union, where VAT systems are harmonized and similar compliance rules apply to digital marketplaces.
Multiple Investigations Add to Pressure
The VAT probe is just one of several legal challenges facing Amazon in Italy. The European Public Prosecutor’s Office is reportedly examining additional tax-related issues covering more recent years.
Meanwhile, Milan authorities are pursuing separate investigations into alleged customs fraud linked to imports from China and whether Amazon maintained an undeclared “permanent establishment” in Italy—potentially exposing it to higher tax liabilities.
In a separate regulatory action, Italy’s data protection authority recently ordered an Amazon unit to stop using personal data from over 1,800 employees at a warehouse near Rome.
Amazon Denies Allegations
Amazon has consistently denied wrongdoing and indicated it will strongly contest the allegations in court if the case proceeds. The company has also warned that prolonged legal uncertainty could impact investor confidence and Italy’s appeal as a destination for international business.
Broader Impact on Europe’s Digital Economy
If the case moves to trial, it could become a landmark moment for the regulation of global e-commerce platforms in Europe. Governments across the region are increasingly scrutinizing how digital marketplaces handle tax compliance, especially in cross-border transactions.
With online retail continuing to expand, regulators are under mounting pressure to ensure that multinational platforms and third-party sellers adhere to the same tax rules as traditional businesses.
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