Free Spirit Organics, NAC v. San Joaquin County Board of Supervisors

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 1] Free Spirit Organics, NAC, et al., No. 2:17-CV-02271-KJM-JDP Plaintiffs, ORDER v. San Joaquin County Board of Supervisors, et al., Defendants. Defendants move to dismiss plaintiffs’ third amended complaint. For the reasons below, 18 the court grants the motion in part. The claims apart from the Fourth Amendment challenge are 19 dismissed without leave to amend 20 I. BACKGROUND The Agricultural Act of 2014 (referred to in the briefing as the U.S. Farm Bill) provides 22 that “[nJotwithstanding the Controlled Substances Act... or any other Federal law, an institution 23 of higher education ... may grow or cultivate industrial hemp[,] if -- [it is grown] for purposes of 24 research conducted under an agricultural pilot program or other agricultural or academic 25 research.” 7 U.S.C. § 5940(b)(1). The California Industrial Hemp Farming Act (Hemp Act) 26 permits the cultivation of hemp as…