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HEMP INDUSTRIES v. DRUG ENFORCEMENT ADMIN.

Nos. 03-71366, 03-71693.

357 F.3d 1012 (2004)

HEMP INDUSTRIES ASSOCIATION; All-One-God-Faith, Inc., dba Dr. Bronner's Magic Soaps; Atlas Corporation; Nature's Path Foods USA Inc.; Hemp Oil Canada, Inc.; Hempzels, Inc.; Kenex Ltd.; Tierra Madre, LLC; Ruth's Hemp Foods, Inc.; Organic Consumers Association, Petitioners, v. DRUG ENFORCEMENT ADMINISTRATION, Respondent. Hemp Industries Association; All-One-God-Faith, Inc., dba Dr. Bronner's Magic Soaps; Atlas Corporation; Nature's Path Foods USA Inc.; Hemp Oil Canada, Inc.; Hempzels, Inc.; Kenex Ltd.; Tierra Madre, LLC; Ruth's Hemp Foods, Inc.; Organic Consumers Association, Petitioners, v. Drug Enforcement Administration, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed February 6, 2004.

Attorney(s) appearing for the Case

Joseph E. Sandler, Sandler Reiff & Young, Washington, D.C. and Patrick Goggin, San Francisco, CA, for the petitioners-appellants.

Daniel Dormont, Senior Attorney, Drug Enforcement Administration, Washington, D.C., for the respondent-appellee.

Before SCHROEDER, Chief Judge, B. FLETCHER, and KOZINSKI, Circuit Judges.

OPINION

BETTY B. FLETCHER, Circuit Judge.

Appellants manufacture, distribute, or sell comestible items containing oil or sterilized seeds from "hemp" — a species of plant within the genus Cannabis. They challenge two Drug Enforcement Administration ("DEA") regulations that, taken together, would ban the sale or possession of such items even if they contain only non-psychoactive trace amounts of tetrahydrocannabinols ("THC"). The DEA asserts...

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