The best I can tell is that is a seperate Administrative action, not a congressional one. For those of you not familar with the US Administrative Agency form of government, wise up, this is where most of the decisions are made. Congress passes a nice vague authorization and then the FDA, DEA, or some other agency promulgates rules pursuant to the congressional grant of authority. Since these are not laws per se, you cant challenge them directly in a court until you exhaust remedies with the agency themselves. Then the court will frequently defer to the agency and your screwed - a new law that limits your rights and it was never even passed by congress or approved of by the president. Scary huh?