Hemp Industries Association v. Drug Enforcement Administration

333 F.3d 1082 HEMP INDUSTRIES ASSOCIATION; Nutiva, Inc.; Tierra Madre, LLC; Hemp Oil Canada, Inc.; North Farm Cooperative; Kenex Ltd.; Nature's Path Foods USA Inc.; Hempola, Inc., Petitioners, v. DRUG ENFORCEMENT ADMINISTRATION; The Honorable Asa Hutchinson, Administrator, Respondents. No. 01-71662. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 8, 2002. Filed June 30, 2003. COPYRIGHT MATERIAL OMITTED Patrick Goggin, Sandler, Reiff & Young, P.C., San Francisco, CA, for the appellants-petitioners. Joseph E. Sandler, Sandler, Reiff & Young, P.C., Washington, D.C., for the appellants-petitioners. Daniel Dormont, Drug Enforcement Agency, Alexandria, VA, for the appellees-respondents. On Petition for Review of an Order of the Drug Enforcement Agency. Before SCHROEDER, Chief Judge, B. FLETCHER and KOZINSKI, Circuit Judges. Opinion by Judge BETTY B. FLETCHER; Dissent by Judge KOZINSKI. OPINION BETTY B. FLETCHER, Circuit Judge: INTRODUCTION 1 Petitioners challenge the validity of the rule issued by the respondent that bans the sale of consumable products containing hemp oil, cake, or seed. They contend that the rule is a legislative rule that is subject…