Short Relates to the Transportation of Lawfully Cultivated Hemp and Cautions Against Circumvention of the 2018 Farm Bill
Philadelphia, April 17, 2019 — The American Trade Association for Cannabis and Hemp (ATACH), announces it has moved to file an Amicus Curiae (“Friend of the Court”) Short on behalf of Significant Sky Scientific, a Colorado-primarily based CBD corporation whose hemp shipment was seized by the Idaho police and the truck driver arrested. The legal situation issues irrespective of whether in light of the passage of the 2018 Farm Bill, a hemp cultivator in 1 state could lawfully ship cultivated hemp to a processor in one more state.
An Idaho federal court denied Blue Sky’s motion for preliminary injunction and the matter is in the Ninth U.S. Circuit Court of Appeals. The short was ready by ATACH’s national law companion Duane Morris LLP.
The outcome of this case is not only important to the operations of Blue Sky, but it could also impact the legal cannabis and aid business as a entire. The case could make a national precedent for the interstate shipment of hemp when the Division of Agriculture and many states make their regulations.
“The 2018 Farm Bill removed industrial hemp and hemp goods from the controlled substances act, correctly reclassifying hemp from a narcotic to an agriculture commodity and permitting interstate commerce. If the courts rule against Blue Sky, it would threaten the complete business, and any such selection would straight contravene the will of Congress and the President when they signed the bill into law,” stated Michael Bronstein, president of ATACH. “The court is becoming watched closely as this case has broader policy interpretations surrounding the legalization of industrial hemp and the transportation and sale of goods in the post 2018 Farm Bill era.”
In the Amicus short, Duane Morris argues:
“In denying Significant Sky’s motion for a short-term restraining order and preliminary injunction, the decrease court improperly concluded that the 2018 Farm Bill’s prohibition against state interference with the shipment of hemp is not helpful till the United States Division of Agriculture promulgates regulations and approves state hemp applications. The interstate commerce provision includes no such limitation and ought to be study in conjunction with the section of the new law grandfathering in the current system.”
ATACH has a vested interest in the outcome of this case as it has members in the states represented by the Ninth Circuit Court of Appeals in addition to formal functioning agreements with main state-level cannabis associations that represent the area such as: Montana Cannabis Market Association, Washington Cannabusiness Association, Alaska Marijuana Market Association, Western Regional Cannabis Organization Alliance, Oregon Cannabis Organization Council, and Washington’s Cannabis Organization of Retail Establishments.
Lead lawyer for Duane Morris is companion David Landau. Duane Morris companion Seth Goldberg and associate Joe Pangaro also worked on the short.
“The act as written by Congress in the 2018 Farm Bill and signed into law by the President clearly intends unfettered provide chain logistics for legal hemp,” stated Landau. “That involves transporting hemp grown at a facility in 1 state that could be expected to be sent to a factory in one more state that has the capacity and technologies expected to method the raw components into completed, legal goods.”
The complete short can be viewed here.
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The American Trade Association for Cannabis and Hemp is the major 501(c)(six) trade organization committed to advertising the expansion and protection of legal sales of cannabis and hemp for industrial, health-related, and recreational use. In 2017, ATACH was named “Trade Association of the Year” by Campaigns & Elections. In 2016, ATACH was named “Corporate Grassroots Organization of the Year” by Campaigns & Elections magazine for its representation of the major national business players, its part in state level legalization campaigns, the very first ever business occasion held at a national presidential nominating convention, and its historic agreement with ASTM International to create requirements for the business. ATACH promotes the protection and expansion of the cannabis business by supplying credible representation to the cannabis business.