#kihc

           The lawsuit is to enforce the Kentucky Attorney General’s decision in 15-ORD-209 by requiring the Kentucky Department of Agriculture (KDA) to produce the final approved meeting minutes for the Kentucky Industrial Hemp Commission’s (KIHC) meeting on December 30, 2013 and by entering a declaratory judgment declaring that the KDA is required to provide a detailed explanation when delaying its dispositions of open record requests beyond three days.

          In order to comply with the Attorney General’s decision, KDA Commissioner Ryan Quarles will have to do his job and call a meeting for KIHC.  He desperately does not want to do this because the KDA will have to explain a lot of things to KIHC members when they do meet.

          Here are slightly modified* versions of what I filed in recently in my lawsuit to enforce the Attorney General’s decision in 15-ORD-209:

[*Instead of dealing with 50+ exhibits individually, I modified references to exhibits to become links to the exhibit.  I also modified some references to statutes to become links to the statute.  The substance is otherwise the same.]

          Memorandum In Support of Plaintiff's Motion for Summary Judgment

Affidavit in Support of Plaintiff's Motion for Summary Judgment

Proposed Order

Notice and Motion for Summary Judgment

             Links to previous documents filed in the case:

Complaint: Link

Exhibit 1: Link

Exhibit 2: Link

Exhibit 3: Link

Exhibit 4: Link

Exhibit 5: Link

Exhibit 6: Link

KDA Answer: Link

KDA Modification to Answer: Link

Why Does it Matter?

             The Kentucky hemp program does not have the licensing and THC-testing regulations that state law requires.  The entire program could be shut down at any time.

          A recent To Be Published Kentucky Court of Appeals opinion says a state hemp license still needed for anyone to possess hemp in Kentucky (but no one has a license—no one at all): “While the level of THC distinguishes marijuana plants from hemp plants under federal and Kentucky law, that distinction is only relevant if [the person] could legally possess industrial hemp. Under Kentucky law, [a person] could do so only if properly licensed and engaged in growing hemp or possessing hemp for industrial use.” Lundy v. Commonwealth, 2015-CA-000451-MR, p. 16 (Ky. App. 2017)(January 27, 2017, Updated on March 3, 2017, to be published), available at https://goo.gl/LN34BP.

             The Court of Appeal’s analysis of Kentucky’s hemp law is for an incident that occurred in April 2014.  The 2014 Farm Bill became effective on February 7, 2014. The Court of Appeals says that even after the 2014 Farm Bill became effective, Kentucky’s hemp license regulations are necessary for anyone to legally possess hemp in Kentucky.

            Here is a link to an article about the incident in April 2014: https://goo.gl/gvRqnh.

            The KDA’s unlawful implementation of the hemp program is no more valid that Mark Lundy’s.

  What Happened to the Emergency Regulations the Herald-Leader Said Would Govern Hemp Program?

             During the KDA’s 2014 lawsuit against the DEA, the KDA led the DEA to believe that the regulations were being promulgated and complied with.

             The DEA’s letter to the KDA on March 13, 2014, states the DEA’s position prior to the KDA’s lawsuit: Joseph T Rannazzisi, Deputy Assistant Administrator, DEA Office of Diversion Control, Cover Letter to KDA Attorney Luke Morgan, (May 13, 2014), available at https://goo.gl/bKSKqo.  The memorandum of understanding was implemented to allow the importation of hemp seeds and to allow the KDA to distribute the seeds to participants by making them part of the KDA so they would not each have to register with the DEA individually under CSIEA.  It does not conflict with the separate state-law requirement for participants to be licensed as required by KRS 260.854.

            The DEA came in to inspect the Kentucky hemp program before May 20, 2014.  At KIHC’s meeting on May 20, 2014, KIHC voted to approve the emergency regulations (draft of KIHC’s minutes for May 20, 2014: Link).  The KDA issued a press release about it on May 20, 2014: Link.

             Then, on May 23, 2014, Governor Beshear signed the statement of emergency needed for the emergency regulations to be promulgated:

          On May 27, 2014, the Herald-Leader reported that the regulations would go into effect and govern the hemp program: “Gov. Steve Beshear on Friday signed emergency regulations to go into effect governing hemp production in Kentucky.”  Janet Patton, Hemp seeds planted in Central Kentucky for first time in decades, Herald-Leader (May 27, 2014), available at https://goo.gl/wKahls.  But the KDA deliberately chose not to deliver the regulations in order to prevent them from being promulgated.  The Herald-Leader has never informed readers about this.

             The KDA only had KIHC’s regulations in their role an administrative support role.  KRS 260.861(4) requires the KDA to provide administrative support for KIHC for a variety of things at KIHC’s request.  Instead of fulfilling their legal obligation to KIHC and delivering KIHC’s approved emergency regulations to be promulgated, the KDA made the unlawful decision to not promulgate the regulations by not delivering them to the LRC:

           The KDA’s Ms. Liberto finally admitted that the KDA made the decision in an email response.  See KDA’s email from April 25, 2016 (Exhibit 35): Link.

            KIHC is a separate agency.  The KDA has no authority to countermand KIHC’s regulations.

            The KDA led the DEA to believe the emergency regulations would be in place.

May 22, 2014 letter from the DEA asking for KIHC licenses for program participants.  Joseph T Rannazzisi, Deputy Assistant Administrator, DEA Office of Diversion Control, Cover Letter to KDA Attorney Luke Morgan, (May 22, 2014), available at https://goo.gl/douZpF.

June 2, 2014, the KDA responding to request for additional information.  17-10: Exhibit 9 [DEA Email Requesting More Info, June 2, 2014] https://goo.gl/4M1q0x.

 Case Doc. 20: Transcript of Telephonic Motion Hearing (June 18, 2014), available at https://goo.gl/cJaPfb.  Note the following comments on the given page and line numbers—the state law the DEA is referring to is clearly the hemp law, not Kentucky law regarding wills, trusts, and estates:

Mr. Schecter:   “and they are adhering to their own state law,” p. 6, line 3

Judge: “Assuming they follow all the other rules, then they are okay.” p. 6, lines 22-23

Mr. Schecter:   “and the state law.” p. 7, line 6

So if anyone wants to plot with Kai they have that to deal with. He has a six year old son.

The Ashmore Family

↳ Hometown: Laguna Beach, California ↳ Ethnicity: German, Irish & English (UK)

Mother - Kaitlin Lucille Ashmore (57) *Retired Flight Attendant*

Father - Howard Marcus Ashmore (57) *Novelist & High School Football Coach*

Daughter - Lilian Katie Ashmore (37) *Child Psychologist*

Daughter - Hazel Ashlynn Ashmore (35) *Magazine Journalist*

Son - Kyle Houston Ashmore (29) *Technical Brewer*

Daughter - Daphne Shiloh Ashmore (27) *Advertising Art Director & Freelance artist*

Daughter - Kristin Lindsay Ashmore (25) *Blogger & Fashion Designer*

Son - Grant Colton-David Ashmore (23) *Video Game Designer*

Daughter - Sadie Ophelia-Sage Ashmore (21) *Music & Film Major at California State University*

Cousins (Not Pictured)

Maternal Cousin - Charlotte Johnson (21) *Tattoo & Make-up Artist*

Maternal Cousin - David O’Connor (27) *Model*

Paternal Cousin - Malcolm Halston (22) *Professional Fighter*

Maternal Cousin - Daniella Harrison (28) *Defense Attorney* 

Maternal Cousin - Tyler Harrison (28) *Bike Messenger*

Second Generation (Grandchildren - Not Pictured)

Montgomery Ella Kingston - Daughter to Hazel & Ryder Kingston

Mary Elizabeth Kingston - Daughter to Hazel & Ryder Kingston

Hayden Summer Kingston - Daughter to Hazel & Ryder Kingston

Ryden Christopher Kingston - Son to Hazel & Ryder Kingston

William Ryder Kingston - Son to Hazel & Ryder Kingston

MontyElla Kitsch - Daughter to Hazel Ashmore & Austin Kitsch

Mary Elizabeth Kitsch - Daughter to Hazel Asmore & Austin Kitsch

The Ashmore Family - Laguna Beach, CA

German (50%), Irish (50%)

Mother - Kaitlin Lucille Ashmore (57) *Retired Flight Attendent*

Father - Howard Marcus Ashmore (58) *Novelist & News Anchor*

Older Sister - Lilian Katie Ashmore-Roberts (37) *Child Psychologist*

Hazel Ashlynn Ashmore (35) *Photographer / Journalist / Blogger*

Younger Brother - Kyle Houston Ashmore (29) *Technical Brewer*

Daphne Shiloh Ashmore (27) *Advertising Art Director & Freelance artist*

Kristin Lindsay Ashmore (25) *Fashion Designer*