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.


BETTY B. FLETCHER, Circuit Judge:


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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