cannabisnews.com: Court Orders DEA To Pay Hemp Plaintiff's Bill





Court Orders DEA To Pay Hemp Plaintiff's Bill
Posted by CN Staff on February 02, 2005 at 16:57:39 PT
Press Release
Source: U.S. Newswire 
San Francisco -- The main fiscal sponsor of the Hemp Industries Association (HIA) landmark court victory against the Drug Enforcement Administration (DEA) protecting sales of hemp foods in the United States learned this week they won another legal battle. Ruling under the Equal Access to Justice Act (EAJA), the Ninth Circuit Court of Appeals has ordered the DEA to pay $21,265 to Dr. Bronner's Magic Soaps(r) to compensate them for a portion of their legal fees in HIA vs. DEA.
"The EAJA allows an award of attorneys fees in this situation only where the court finds the Government's position was not 'substantially justified,' " said Joe Sandler, HIA's counsel in the case. "By making this award, the Court has basically decided that DEA's attempt to outlaw hemp foods never had any real legal merit."Dr. Bronner's Magic Soaps uses hemp oil in all their soaps and also makes AlpSnack(r), an organic hemp food bar which has become popular since the legal battle ended in September 2004. "We are very pleased to recoup a portion of the costs associated in fighting off the DEA's illegal attempt to ban nutritious hemp seed," said David Bronner, President of Dr. Bronner's Magic Soaps. "We plan to use the money to fund industrial hemp studies in Canada as well as legislative efforts to allow farmers to grow industrial hemp in the United States. Hemp seed for foods on account of its omega-3 content is the immediate market driver building economies of scale; we're also supporting hemp fiber research and applications as a substitute for timber in paper and fiberglass in composites." Dr. Bronner's has pledged $100,000 this year to hemp related projects, and in general devotes at least a third of before-tax income to various progressive charities and causes. Hemp Foods are Safe and Nutritious -- DEA Rules Were Ridiculous Hemp seed is one of the most perfect nutritional resources in all of nature. In addition to its excellent flavor profile, the seed meat protein supplies all essential amino acids in an easily digestible form and with a high protein efficiency ratio. But most importantly, hemp seed and oil offer high concentrations of the two essential fatty acids (EFAs) in a perfect ratio of the omega- 3/omega-6 acids. EFA's are the "good fats" that doctors recommend as part of a healthy, balanced diet. This superior nutritional profile makes hemp nut (shelled seed) and oil ideal for a wide range of functional food applications and as an effective fatty acid supplement. Not surprisingly, hemp nut and oil are increasingly used in natural food products, such as breads, frozen waffles, cereals, nutrition bars, meatless burgers and salad dressings.Contact: Adam Eidinger, 202-744-2671Complete Title: Court Orders Drug Enforcement Administration to Pay Hemp Industry Plaintiff's Legal Bills; Dr. Bronner's Magic Soaps to Receive $21,265 ReimbursementNewshawk: Jose MelendezSource: U.S. Newswire (Wire)Published: February 2, 2005Copyright: 2005 U.S. Newswire Contact: info usnewswire.comWebsite: http://www.usnewswire.com/Dr. Bronner's Magic Soapshttp://www.drbronner.com/CannabisNews Hemp Archiveshttp://cannabisnews.com/news/list/hemp.shtml
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Comment #14 posted by The GCW on February 04, 2005 at 03:48:16 PT
sixtyfps, 
You can smoke and eat Your hemp food too.Drink up.Drink is defined as, drinking of the cup... to smoke... Indians drink from a peace pipe.The implication is Biblical.4201 Corinthians 10:31, “Whether, then, you eat or drink (smoke) or whatever you do, do all to the glory of God.” 1 Corinthians 11:23-34, subtitled The Lord’s Supper, speaks of, “drink the cup” - “drink of the cup” etc. a number of times. It does not mention wine once. It seems “cup” = bowl and “drink” = smoke; SMOKE THE BOWL. Etc.Etc.
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Comment #13 posted by freddybigbee on February 03, 2005 at 04:58:51 PT:
9th circuit
Yet another reason the republicans are scheming to break up the 9th circuit. It's just too darned big (to keep under congress' thumb.
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Comment #12 posted by afterburner on February 02, 2005 at 22:24:07 PT
Federal: Unjustified, Unconstitutional, Not Viable
cannabis "drug" tests -- disputed -- Washburn v. Columbia Forest Products Inc., Nos. 0012-12516 and A116664, 2005 WL 56898 (Or. Ct. App. Jan. 12, 2005).hemp foods -- Government's position was not 'substantially justified' -- Ruling under the Equal Access to Justice Act (EAJA), the Ninth Circuit Court of Appeals Istook Amendment to deny free speech regarding drug reform -- unconstitutional -- Washington, D.C.- based U.S. District Judge Paul Friedman Justice Department appeal -- dropped, government does not have a viable argument -- Solicitor General Paul Clement Federal Sentencing Guidelines (minimums) -- partly unconstitutional, now advisory instead of mandatory -- US Supreme Court, United States v. BookerNY's Rockefeller Drug Laws -- partly repealed, mandatory minimum sentences reduced -- 
The new law, signed by Gov. George E. Pataki last month11 states have approved the use of medical marijuana (9 by initiative, 2 by legislature) intrastate possession, production and distribution of medical cannabis exempt from CSA-- decision pending -- Raich v. Ashcroft
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Comment #11 posted by Hope on February 02, 2005 at 21:52:38 PT
The GCW, Comment #8
I agree!
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Comment #10 posted by FoM on February 02, 2005 at 21:04:15 PT
The GCW
I want to agree with you on this one. Hope keeps us going.
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Comment #9 posted by sixtyfps on February 02, 2005 at 20:49:37 PT
But I smoke my hemp food!
Seriously, though, it would take a uniquely vicious bastard to              pretend this decision isn't precedent worth citing.
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Comment #8 posted by The GCW on February 02, 2005 at 20:20:34 PT
NEXT!
Court has basically decided that DEA's attempt to outlaw hemp foods never had any real legal merit."COMING SOON!Court has basically decided that DEA's attempt to outlaw CANNABIS never had any real legal merit."COMING SOON TO A REALITY NEAR YOU!
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Comment #7 posted by kaptinemo on February 02, 2005 at 19:51:06 PT:
Look at your hands, DEA
See those blisters? Smell that burned meat? That's what happens when you put your pinkies where they shouldn't be. So much for your "Final Rule". Thought you were so arrogantly clever, tried to go around people's backs...and got tripped up for pretentious fools. Want to have another go? The days of easy victories are over. Expect to lose even even more fights in the future. No more rolling over and playing dead; we are fighting back. And winning.
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Comment #6 posted by sixtyfps on February 02, 2005 at 18:15:54 PT
Although...
With the nearer inevitability of the resurfacing of the industrial hemp industry and MMJ, there will be less motive to suppress recreational use with recycled rhetoric. How influential, then, are the lobbying efforts of the alcohol and tobacco industries going to be?
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Comment #5 posted by goneposthole on February 02, 2005 at 18:15:42 PT
Hope
It's ok with me. I won't stop you or persecute you or prohibit you from doing so at all. I hereby decree cannabis legal. I hope it helps some.
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Comment #4 posted by sixtyfps on February 02, 2005 at 18:04:00 PT
These days...
Barring a concurrent 'miraculously' well-articulated proclamation on behalf of this hypothetical president, editorialists of all stripes would have a field day with any sort of new attitude. Too bad metred logical explanations regarding the futility of the Drug War would bore the average US citizen to death. S'pose 'cause there's not enough action in it.At what point would a president start making that sort of view known? Second term?
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Comment #3 posted by mayan on February 02, 2005 at 17:59:56 PT
Not Justified
"The EAJA allows an award of attorneys fees in this situation only where the court finds the Government's position was not 'substantially justified,' " said Joe Sandler, HIA's counsel in the case. "By making this award, the Court has basically decided that DEA's attempt to outlaw hemp foods never had any real legal merit."Like many here at Cannabis News said all along, the feds knew they couldn't win this case as their argument didn't have a single leg to stand on. All they hoped to do was delay the inevitable victory of the hempsters and also make the hemp industry waste mega-bucks on legal fees. For those who have never visited votehemp.com, below is their link to this article which has a little additional info regarding hemp foods and workplace drug-testing. A very informational site...http://votehemp.com/PR/2-2-05_DEA_pays_bills.htmlAn oldie but a goodie...SHADOW OF THE SWASTIKA - The Real Reason the Government Won't Debate Medical Cannabis and Industrial Hemp Re-legalization:
http://www.sumeria.net/politics/shadv3.htmlTHE WAY OUT IS THE WAY IN...At the Crossroads: Facing the Reality of 9/11 (REVISED):
http://911citizenswatch.org/modules.php?op=modload&name=News&file=article&sid=451&mode=thread&order=0&thold=0
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Comment #2 posted by FoM on February 02, 2005 at 17:23:18 PT
Hope
I think so but I'm not sure. Remember Jimmy Carter talked about decriminalizing marijuana years ago. 
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Comment #1 posted by Hope on February 02, 2005 at 17:17:43 PT
A question
Would it be possible for a President to legalize cannabis for adults? Like, maybe a Presidential Decree, or something?I was just wondering.Thanks.
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