NEW HAMPSHIRE HEMP COUNCIL, INC. v. MARSHALL

No. 99-1082.

203 F.3d 1 (2000)

NEW HAMPSHIRE HEMP COUNCIL, INC. and Derek Owen, Plaintiffs, Appellants, v. Donnie R. MARSHALL, Acting Administrator, United States Drug Enforcement Administration, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided January 28, 2000.


Attorney(s) appearing for the Case

Gordon R. Blakeney, Jr., for appellants.

Dana J. Martin, Appellate Staff, Civil Division, Department of Justice, with whom David W. Ogden, Acting Assistant Attorney General, Paul M. Gagnon, United States Attorney, and Mark B. Stern, Appellate Staff, Civil Division, Department of Justice, were on brief, for appellee.

Before SELYA, BOUDIN and LYNCH, Circuit Judges.


BOUDIN, Circuit Judge.

This case, which involves the definition of marijuana as used in federal criminal statutes, has its origin in a defeated legislative proposal in New Hampshire.1 In 1998, Derek Owen, a member of the New Hampshire state legislature, co-sponsored a bill to legalize and regulate the cultivation of "industrial hemp." The connection between the criminal statutes and Owen's bill is that both the drug commonly known as marijuana...

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