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HEMP INDUSTRIES ASS'N v. DRUG ENFORCEMENT ADMIN.

No. 01-71662.

333 F.3d 1082 (2003)

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.

United States Court of Appeals, Ninth Circuit.

Filed June 30, 2003.

Attorney(s) appearing for the Case

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.

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

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 to the notice and comment procedure required by the Administrative Procedures Act (APA). Respondent contends...

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