Legal Opinion
Hemp Industries Ass'n v. Drug Enforcement Administration
Court of Appeals for the Ninth Circuit
Decided June 30, 2003No. 01-71662PublishedCited by 59 opinions
1Opinion of the Court
Opinion by Judge BETTY B. FLETCHER; Dissent by Judge KOZINSKI.
OPINION
BETTY B. FLETCHER, Circuit Judge:
INTRODUCTION
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 that the rule is an interpretive rule,1 and need not undergo such procedures. We hold that because the rule would force plaintiffs either to risk sanction or to…
2Cases cited11 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- County of Los Angeles v. DavisSupreme Court of the United States · 1979
- Shalala v. Guernsey Memorial HospitalSupreme Court of the United States · 1995
- United States v. Charles LochanCourt of Appeals for the First Circuit · 1982
- Edward T. Splane and Paralyzed Veterans of America v. Togo D. West, Jr., Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2000
6 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Colwell v. Department of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 2009
- Miguel-Miguel v. GonzalesCourt of Appeals for the Ninth Circuit · 2007
- S. Wilson v. Loretta E. LynchCourt of Appeals for the Ninth Circuit · 2016
- United States v. KrieselCourt of Appeals for the Ninth Circuit · 2007
- Gilmore v. GonzalesCourt of Appeals for the Ninth Circuit · 2006
54 more not listed; retrieve them via the Exa API.