Big Sky Scientific Files Brief, Awaits Hearing from the 9th Circuit Court of Appeals on the Seizure of Big Sky's Hemp Shipment
Big Sky Scientific filed its opening brief in front of the U.S. Court of Appeals for the 9th Circuit on March 20. A copy of the brief may be downloaded from http://www.pacer.gov or by visiting Big Sky's website at bigskysci.com
AURORA, Colo., March 25, 2019 /PRNewswire-PRWeb/ -- Big Sky Scientific filed its opening brief in front of the U.S. Court of Appeals for the 9th Circuit on March 20. A copy of the brief may be downloaded from http://www.pacer.gov or by visiting Big Sky's website at bigskysci.com.
With its opening brief filed, Big Sky now looks forward to the 9th Circuit ruling in its case as it seeks the release of nearly 7,000 pounds of industrial hemp that Idaho State Police confiscated during a safety inspection on Jan. 24 near Boise. The 9th Circuit has put the case on an expedited schedule, giving Idaho until April 17 to file its brief and Big Sky until May 8 to file any reply briefing. No hearing date has been set yet.
"Hemp has been federally legal during this case. Idaho is the only state in the West that does not recognize industrial hemp," said Elijah Watkins, partner at Stoel Rives LLP and counsel for Big Sky.
On Feb. 19, Chief Magistrate Judge Ronald E. Bush of the U.S. District Court for the District of Idaho denied Big Sky's requests to have Idaho return its hemp. Big Sky appealed Judge Bush's decision to the 9th Circuit the following day (Case No. 19-35138 on appeal from U.S. District Court Case No. 1:19-cv-00049-REB).
The driver of the shipment faces felony marijuana trafficking charges, which carry a mandatory five-year minimum prison sentence. He is currently out on bond, but has struggled to find work since Idaho impounded the semi-truck he was driving during the seizure. Idaho is asking a state court judge for permission to sell the truck and trailer. Idaho is also asking the state court judge to let it destroy Big Sky's crop.
"It is my sincerest hope that the charges against the driver will be dropped so he can go back to his life, and that Idaho will return Big Sky's property," said Big Sky CEO Ryan Shore. "Until that time, Big Sky will continue to pursue assistance from the courts."
Industrial hemp has been removed from the federal Controlled Substances Act registry and is now legal in the U.S. Big Sky purchased the hemp from a hemp farmer, licensed by the Oregon Department of Agriculture, and was shipping it to Colorado when it was seized on Interstate 84 after the truck driver voluntarily stopped at a weigh station outside of Boise.
For more information, contact Big Sky Scientific CEO Ryan Shore at 702-682-5400.
SOURCE Big Sky Scientific
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