California hemp grower sues sheriff, alleges illegal destruction of plants

A California hemp grower is suing a sheriff’s office, alleging the authorities destroyed about 500 acres of their plants, which the company estimates were worth $1 billion, according to the lawsuit.

The federal lawsuit filed Friday calls the demolition of the plants “one the largest wholesale destructions of personal property by government entities in the history of the United States.”

Apothio researches and commercializes hemp plants for use in foods, nutraceuticals and pharmaceuticals, including ones to treat epilepsy. The complaint goes on to say that Apothio LLC is an established agricultural institution that is allowed to legally research and commercialize hemp, by both federal and state law.

Nevertheless, one of Apothio’s attorneys, Katherine Eskovitz, said “the defendants showed up without warning in full tactical gear and ordered the farmers to demolish all of the hemp crops.”

“Apothio was transparent with government officials about its operations in Kern County, which it conducted by the book,” Eskovitz said.

Named in the suit are Kern County and its sheriff’s office, along with the sheriff himself, Donny Youngblood. The California Department of Fish and Wildlife and its director, Charles Bonham, are also named in the lawsuit, along with “other unknown county and state officials.”

No one was arrested during the sheriff’s operation. But the sheriff’s office has said the plants’ THC content exceeded the federal limit of 0.3 % for hemp.

Apothio’s lawyers argue it’s irrelevant if the plants exceeded the limit because of the company’s special federal exemption as an agricultural research organization.

3 comments on “California hemp grower sues sheriff, alleges illegal destruction of plants
  1. YearofAction on

    Cannabis with less than 0.3% THC may be called hemp, but cannabis with more than 0.3% THC is not marijuana, it is just cannabis according to federal law.

    Cannabis with over 0.3% THC is called marijuana according to the lawmen who don’t understand the meaning of the law as it is written, because it is written deceptively. The meaning of the law is that marijuana is cannabis smoke.

    Reconstructing the poorly written federal law to eliminate its deceptions will better serve the lawmen and the people who grow cannabis. The law can be reconstructed to be clear, and uphold the Constitution, like this:

    Sec. 802.
    (16) The term “marijuana” means all parts of the smoke produced by the combustion of the plant Cannabis sativa L., which is, as are the viable seeds of such plant, prohibited to be grown by or sold by any publicly traded corporation or subsidiary company, and such smoke is prohibited to be inhaled by any child or by any person bearing any firearm, as is their intake of any part or any product of such plant containing more than 0.3% THC by weight unless prescribed to such child by an authorized medical practitioner.

    This is the poorly written federal law that confuses the lawmen:

    (16)(A) Subject to subparagraph (B), the term “marihuana” means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin.
    (B) The term “marihuana” does not include (i) hemp, as defined in section 1639o of title 7; or (ii) the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.

    More people should contact their current and prospective members of Congress about clearly reconstructing the federal marijuana law to uphold our Constitution.

    Reply
  2. MassVocals on

    This is police department who has mala prohibita disease their lies I hope this is case that reslove the matter of hemp / Cannabis production for all reasons , MassVocals tips its hemp hat to lawyers and owners and i hope the police lose their jobs and loss everything they own , if you need any help please email me [email protected] .

    Reply
  3. MassVocals on

    frankly the police are stupid fools , when you grow hemp the low level THC a would not allow cannabis for higher levels to produce such high THC percentage , this is due to its pollen would ruin the cannabis plants and the hemp seed had to be allowed by the DEA , so these cops owe a lot of money to owner and to world they should be fired form their jobs how did they get warrant to do this ? when a license was issue , outrageous zealot jackasses

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