Tag Archives: lawsuit

Yesterday at 12:10 pm the WSDA Industrial Hemp Coordinator, Emily Febles, was served with a lawsuit filed against both the WSDA and herself…

Steve Sarich with Eddy Lepp and 94 others.

May 23 at 3:42pm ·

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Yesterday at 12:10 pm the WSDA Industrial Hemp Coordinator, Emily Febles, was served with a lawsuit filed against both the WSDA and the herself, both individually, and in her capacity at the WSDA.

The lawsuit filed by John Worthington is comprehensive and exposes what clearly appears to be an effort to set up a hemp seed monopoly in Washington State. While licenses to grow under the WSDA Hemp Pilot Program were not legally available until May 15,

and neither were seed acquisition forms, partners Cory Sharp and Shane Palmer apparently found a way to entice Emily Febles into applying for multiple DEA permits to bring in thousands of pounds of seed, for them and their friends, on April 5th, 2017….40 days before anyone else in Washington could even legally apply for a license.

When requests from prospective hemp farmers over where to get viable hemp seed were received by Febles, they were told to contact Cory Sharp….and that he already had seed. And she should know…she had it imported for him, without so much as a license application.

There were 8 or more “special farmers” that got their seed in using Cory’s special connection with the Febles. On all but two of these people, the WSDA did not have anything more that a name on these people….no application, no license, not even a phone number or an address!

We’ll be back in Thurston County Superior Court at 9am on Friday, May 26th. The Assistant Attorney General defending the WSDA & Emily Febles it Mark Culkin. To this day, Culkin has not even bothered to file an answer to the lawsuit and it is now, according to court rules, to late for him to even file a response or to bring evidence in this case. But this is Thurston County and those Judges protect the state at all costs, so we really need your support in court this Friday morning!

HELP US fight corruption in Washington State by showing you care enough to show up!


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Steve Sarich added 2 new photos.

2 hrs ·

COURT UPDATE….


Yesterday’s court hearing on John Worthington’s injunction against the Washington State Department of Agriculture & WSDA Hemp Project Coordinator, Emily Febles, left the dozen or so supporters in the courtroom dumbfounded.

Judge Murphy had everyone in the courtroom confused when she called Worthington and Asst. AG Mark Calkins to come forward and speak to her before any of the cases were called.

She stated that the case was not noted on her calendar and was not in her computer. Worthington told the judge that he has absolutely filed it, noted it for yesterday, and that AG Calkin had been served. At that point Calkin clearly stated to the Judge that that he had NOT been served.

This despite the fact that the AG was in Court, and wouldn’t have know to be there unless he was served, AND that the person that had served the AG’s office was there in the courtroom as well. John didn’t have the stamped copy with him at the hearing, but as you can see from the attachment here, the AG’s office even time-stamped the copy of complaint when they were served. Yes, the assistant AG perjured himself to buy himself another week.

To make a short story even shorter, it was obvious to everyone there watching this circus that the fix was in. Had the state been the complainant, and not the defendant, Judge Murphy, would have moved forward with the hearing since both parties were there. But since the State was the defendant, Judge Murphy kicked the can down the road another week.

This action would give the WSDA, Hemplogic and Joy Beckerman another week to plant the seed that was illegally brought in imported by the WSDA on behalf of 9 or more “special” farmers associated with Hemplogic.

They have announced now that they will plant this illegal seed next Wednesday, May 31st. If they plant this seed on Wednesday, they will only be increasing the amount of the damages due Worthington and future complainants. As of yesterday, the WSDA still hadn’t issued a single hemp growing permits so it’s unclear if they will go forward with planting on Wednesday, without any licenses. The other possibility would be that they will exacerbate the damages further by ‘miraculously’ issuing licenses to the co-conspirators in a nick of time on Tuesday, the day before their $200 a head hemp planting & self-promotion day. But giving them a license now, won’t solve their legal issues, it will actually just make it worse for them.

So it’s back to court, AGAIN, next Friday. I really want to thank everyone who showed up yesterday….we were ready with four video camera ready to roll. I hope we have bigger crowd next Friday, June 2nd.


Hemp Industries Association Files Petition Against DEA

Hemp Industries Association Files Petition Against DEA to Defend Lawful Hemp-Derived Products from Agency Overreach
19 Jan 2017 5:41 PM

Suit Seeks to Defend Hemp Farmers, U.S. Businesses and Consumers from Illegal Attempt to Schedule Non-Psychoactive Hemp Derivatives as ‘Marihuana Extract’
WASHINGTON, D.C. — The Hemp Industries Association (HIA), the leading non-profit trade association consisting of hundreds of hemp businesses, filed a Petition for Review on January 13, 2017, in the Ninth Circuit Court of Appeals in San Francisco, seeking to block the implementation of the Drug Enforcement Administration’s (DEA) recently announced Final Rule regarding “Marihuana Extract.” The proposed DEA Final Rule attempts to unlawfully designate hemp-derived non-psychoactive cannabinoids, including cannabidiol, as “marihuana extract,” and append the Controlled Substances Act to add all cannabinoids to its Schedule I. Furthermore, this action by the DEA contravenes clear Congressional intent and legal parameters for the production and consumption of hemp-derived products containing cannabinoids, enacted by Sec. 7606 of the Agricultural Act of 2014 (Farm Bill).

To read the full petition, please visit:

https://hoban.law/sites/default/files/2017-01/17.01.13%20Petition%20%5Bfinal%5D.pdf

The DEA does not have the authority to augment the Controlled Substances Act; that power resides with Congress. Congress has clearly mandated, through the 2014 Farm Bill and the 2016 Omnibus Spending Law that the Controlled Substances Act does not apply to hemp grown in state pilot programs, and that it is a violation of federal law for agencies such as DEA to interfere with these programs. The DEA’s proposed rule regarding cannabinoids thumbs its nose at Congress and threatens to undermine the market for legal hemp products containing cannabinoids, including those produced in the U.S. under state laws that regulate hemp cultivation and processing pursuant to, and in accordance with the federal Farm Bill. These products, such as hemp foods and supplements, fall outside the Controlled Substances Act (CSA) and are not subject to regulatory control by the DEA.

“Hemp-derived products containing cannabinoids are an increasingly in-demand category within the hemp market—and U.S. consumers constitute the largest market for hemp products worldwide,” said Colleen Keahey, Executive Director of the Hemp Industries Association. “We are committed to defending the rights of our members, of entrepreneurial hemp farmers, businesses and consumers, who all are acting entirely within the legal framework of the CSA and Farm Bill, including those adversely affected by trying to source American-grown hemp and hemp derivatives to supply this demand. The DEA’s attempt to regulate hemp derived products containing cannabinoids lawfully sourced under the CSA, and farmed and produced under the Farm Bill in states like Kentucky and Colorado, is not only outside the scope of their power, it’s an attempt to rob us of hemp’s economic opportunity.”
The DEA has made previous attempts to interfere with legal hemp products, notably from 2001-2003 when the agency contended that hemp food products such as cereals, hemp seed and hemp oil, are a Schedule I substance due to trace insignificant residues of tetrahydrocannabinol, or THC. On February 6, 2004, the Ninth Circuit Court of Appeals ruled in response that hemp is not included in Schedule I; that the trace THC in such products is similar to trace opiates in poppy seed bagels, and does not render them controlled substances. The HIA believes this 2004 ruling sets strong legal precedent for the current petition, which asserts that cannabinoids derived from lawful portions and varieties of the Cannabis plant exempted from control under the CSA and through the Farm Bill, may not be regulated as “marihuana” or “marihuana extract” by the DEA.

More recently, in 2014, the DEA interfered with the implementation of state pilot programs for hemp farming, when the agency unlawfully seized 250 lbs. of certified industrial hemp seed imported from Italy. The viable hemp seed had been legally sourced to supply six hemp research projects licensed by the Kentucky Department of Agriculture and coordinated in conjunction with Kentucky State academic institutions. The seed was quickly released, following the filing of a lawsuit against the DEA on May 14, 2014 by then Kentucky Agriculture Commissioner, now U.S. Congressional Representative James Comer.
“Over a decade ago, the Ninth Circuit held that non-psychoactive hemp is not controlled by the CSA,” said Patrick Goggin, co-counsel for the HIA. “The DEA is again attempting to schedule under the CSA cannabinoids and non-psychoactive hemp beyond its authority. We believe the Ninth Circuit will invalidate this rule just like it did in 2004.”
To date, 31 states have passed hemp legislation that allows their farmers to cultivate hemp according to guidelines set forth in the Farm Bill. Per these guidelines, U.S. farmers planted nearly 10,000 acres of hemp in 2016. Farmers and agri-business across the country have invested many millions of dollars in infrastructure to comply with federal law; this retroactive misreading of statute puts the livelihood of these law-abiding companies and individuals at risk.
Recent DEA pronouncements indicate that DEA is threatening to flout prior court rulings, and assert regulatory authority over hemp seed, oil, and products made from hemp seed and oil, which have always been exempt from the Controlled Substances Act. HIA continues to monitor these developments, and will consider further actions to resist DEA’s unlawful attempts to regulate legal hemp products.
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The Hemp Industries Association (HIA) represents the interests of the hemp industry and encourages the research and development of new hemp products. More information about hemp’s many uses and hemp advocacy may be found at www.TheHIA.org.