"Start by doing what's necessary; then do what's possible; and suddenly you're doing the impossible." - Francis of Assisi
At Big Sky Scientific, we believe in community, so we help farmers and producers hand in hand. We have a reputation for reliability because we take the success of our partnered farmers and producers very seriously and want to make sure that you have just what you need, right when you need it.
Starting at the farm, we partner with farmers to offer expertise, advice, clones, and seeds to make sure that your farm is successful. You’ll need someone to buy the hemp you grow, and we are the market that buys your hemp, so having a great working relationship will make it easy to sell your crop at a fair price.
When it comes to producers, we put our network of high quality licensed extractors to use for you. They’ll extract high-quality CBD from the hemp we source from our farms and our partnered farmers. We then use this to provide the CBD isolate, CBD distillate, “crude” CBD oil, and preformulated premixes that you need to make your products.
Even if you don’t have a product but you have a dream and know what you want to make, we can help connect you with the right people to have your product made for you and allow you to achieve your dream.
Between Big Sky Scientific and it’s partners, our combined knowledge of all areas of industrial hemp and extraction allows us to make life easier for our partners. Together, we can assist with expert knowledge of:
Our hemp is grown in America and our team lives and works in America, so you’ll be supporting the hard-working farmers and workers of this great country by partnering with us. If you’re looking for a business that does what ours can, then you’ve already found it and you won’t find anyone else quite like us. We hope to hear from you soon.
The two pages below are taken from the Memorandum for the Secretary of Agriculture as written by the USDA, and they document some very important recent developments regarding the 2014 Farm Bill and 2018 Farm Bill and the case between Big Sky Scientific and the Idaho State Police, Case No. 19-CV-00040 (D. Idaho). For those interested in reading the entire document, follow this link or click on the image of the PDF below.
MEMORANDUM FOR THE SECRETARY OF AGRICULTURE May 28, 2019
I acknowledge that this conclusion is in tension with a recent decision in a case in the District of Idaho, but it also is consistent with a recent decision in a case in the Southern District of West Virginia. Neither court addressed the “other Federal laws” language in AMA§ 297B(f)(l), which I find conclusive.
In Big Sky Scientific LLC v. Idaho State Police, Case No. 19-CV-00040 (D. Idaho), a magistrate judge found that a shipment ofOregof1 hemp hound for Colorado and interdicted by Idaho State Police could not have been produced “in accordance with subtitle G” because the State oforigin does not yet have an approved plan under AMA§ 297B and the Secretary has not yet established a plan under AMA§ 297C. 18 The magistrate acknowledged Oregon law authorizing the cultivation ofhemp, noting the plaintiff’s assertion that the hemp was produced by a grower licensed by the Oregon Department ofAgriculture (and, thus, presumably in compliance with 2014 Fann Bill§ 7606 requirements). 19 However, in denying the plaintiff’s motion for a preliminary injunction, the magistrate.concluded that, in enacting the 2018 Farm Bill, Congress intended to “create a regulatory framework around the production and interstate transportation of hemp for plll’poses offed�ral law, and .that framework is to be contained in the federal (or
compliant [S]tate or [T]ribal) plan for production of hemp found in the 2018 Faim Bill.”20
Although the 2018 Farm Bi.II allows hemp to be transported across State lines, the magistrate found those interstate commerce protections apply only to hemp produced under regulations promulgated under the authority of the 2018 Farm Bill.21 Therefore, because those regulations do not yet exist, the interdicted he1np is subject to Idaho law prohibiting its transpo1iation.
USDA is not a patty in the Big Sky case, and this office does not concur with the reasoning of the magistrate regarding the shipment of hemp lawfully produced under the 2014 Farm Bill. In
17 This conclusion seems to be supported in the.legislative history as well. In explaining the effect of the preemption provision, the Conference Repott states: “While [S]tates and Indian tribes may limit the production and sale of hemp and hemp products within their borders, the Managers, in Sec. 10112 [sic], agreed to not allow [S]tates and Indian tribes to limit the h·ansportation or shipment ofhemp or hemp products through the [S]tate or Indian territory.” H.R. REP. No. l I 5-1072, at 738 (2018). Notably, the Managers referred to hemp generally, not merely hemp produced under a plan developed under subtitle G of the AMA.
18 See Big Sky, ECF Doc. #32, Memorandum Decision and Oi’der Re: Plaintiff’s Motion for Preliminary Injunction; see also ECF Doc. #6, Memorandum Decision and Order Re: Plaintiff’s Emergency Motion for Temporary Restraining Order and Preliminary Injunction and Plaintiff’s Motion to File Overlength Brief(available at 2019 WL 438336 (Feb. 2, 2019)).
19 Big Sky, ECF Doc. #32, at 5, 7-8.
20 Id. at 3.
21 Id. at 19-26.
MEMORANDUM FOR THE SECRETARY OF AGRICULTURE
-May 28, 2019
interpreting the statutory language, the magistrate correctly noted the well-recognized principle ofstatutory construction that statutes should not be interpreted “in a manner that renders other provisions of the same statute inconsistent, meaningless, or superfluous.”22 However, seemingly ignoring that guiding principle ofinterpretation, the magistrate did not address the effect of the “other Federal laws” language in AMA § 297B(f) or attempt to give that language any. meaning. The Idaho court failed toread the statute as a whole and did not consider the “other·Federal laws” clause that I find conclusive. Given the preliminary nature of the magistrate’s ruling, I find his opinion denying a preliminary injunction unpersuasive.23
Conversely, the interpretation of 2018 Farm Bill§ IO114 advanced by this legal opinion is consistent with a decision issued in the Southern District of West Virginia. In UnitedStates v. Mallory, Case No. 18-CV-1289 (S.D. W. Va.), theDepartment ofJustice filed a civil action to seize hemp allegedly grown in violation ofthe CSA and also outside the scope of the 2014 Fann Bill. At issue in that case was hemp purpo11edly grown by a producer licensed by the State of . West Virginia under a 2014 Fatm Bill§ 7606 pilot program, where the hemp seeds were shipped from a Kentucky supplier licensed by the Commonwealth of Kentucky under a 2014 Farm Bill·
Although the Mallory court did not have occasion to address any State attempts to block the transportation ofhemp, the court did reference 2018 Fa.rm Bill § 10114. noting that it “expressly
. allows hemp, its seeds, and hemp�derived products to be trnnsported across State lines.”28 The
district judge’s opinion addressed hemp produced under 2014 Farm Bill§ 7606 and not hemp produced under State, Tribal, or Depa1tmental plans. The conclusion reached by the Malloiy court is consistent with my interpret3:tion that States cannot block the shipment of hemp, whether
22 Id. at 21-22 (citing l’adash v. l.N.S., 258 F.3d 1161, 1170-71 (9th Cir. 2004)). The �agistrate continued: It is a cardinal principle of statutory construction that a statute ought, upon the whole, to be so
Id. at 23 (:internal quotations and citations omitted).
23 Indeed, the magistrate’s rnling is under appeal. See Big Sky Sci. LLC v. Bennetts, Case No. 19-35138 (9th Cir.).
24 See supra footnote 10.
27 Mal/01y, ECF Doc. #60, 2019 WL 252530, at *3.
28 Mall01y, BCF Doc. #72, 2019 WL 1061677, at *6:
Read the whole Executive Summary of New Hemp Authorities in reference to the 2014 Farm Bill and 2018 Farm Bill, as written by the FDA, by clicking the image below.
The relationships we build and how we treat them. Dedication to service. We take both very seriously out of a desire for our partners and their businesses to succeed. After all, our business has been built one relationship at a time because of the promises and commitments that we’ve made and kept, no matter the circumstances.
Our own hemp farms and partnered farmers. We work very closely with farms in Nevada and Colorado. We provide advice, clones, and seeds. We work with these farms up front to come up with a farming plan.
We’ll partner with any farmer that has a state and federally approved Department of Agriculture research and development program. Our primary focus is Colorado and Nevada, with great hope for Montana in the farming season of 2019.
That’s how it all started! We’re very involved in the farming community and learned how the product was grown in the dirt of our own farm, where we seeded, planted, and nurtured our crop. This gave us a deep understanding of the plants and how to grow them successfully, then we worked with different processors and solutions to get our material processed.
Going through that showed us that another solution was needed, and Big Sky Scientific was born.
In addition to many believed potential benefits, there are those that have been proven by the FDA. For instance, the FDA has recently proven that CBD can help people with epilepsy and could especially help children. How can anyone argue with helping people get better?
We farm and buy hemp in the U.S., which the licensed extractors we partner with extract high-quality CBD from. We provide CBD isolate, CBD distillate, CBD crude oil, and preformulated premixes. If you make or want to make products and know what you’d like to make, we could save you money by providing the perfect ingredients for your product. Even if you want a product fully made, take a minute to talk to our team and we will work with you to try and make that happen.
We complete a circle. Perhaps you have the farming expertise, but you need plant expertise and advice, or you just need to know how to get started or how to recover from a year that didn’t turn out how you hoped. Let us get you on the right track by sharing our knowledge and personal experience. In the end, we’ll offer you a fair price for your product.
Absolutely! Our COAs are provided by 3rd-party labs and all of our products are thoroughly tested. Contact us if you'd like to know more.
One of our core values is that we do what we say, and that is our commitment to you. If we agree upon a price and there’s a shortage, and someone else wants your product at a higher price, we keep our promise and deliver your product. If we make a deal with you, we’ll stand by our word.
For everything we do, yes! Courtesy of the Farm Bill that passed in 2018, industrial hemp is now legal nationwide, and distribution of CBD products for our purposes is federally legal.