Hemp Shipment Forfeit by Company's Own Admission in 2nd Court Case, DOJ Says

The U.S. case against Oregon-based hemp distributor We CBD is already proven since the company admitted to the wrongdoing in another case in the same court, the Department of Justice said in an Aug. 26 motion for judgment at the U.S. District Court for the Western District of North Carolina. When We CBD admitted to the export violations alleged by DOJ in its negligence case against Planet Nine Private Air over a charter plane service used to ship hemp, it effectively declared that CBP was right to confiscate the shipment, the motion said (United States v. Approximately 548.22 Pounds of Hemp Detained From We CBD LLC, on November 8, 2020 at Charlotte-Douglas International Airport, W.D.N.C. #21-00267).

Planet Nine emailed CBP with a request for a chartered flight that would depart from a Charlotte, North Carolina, airport refueling stop to Switzerland. The request included a General Declaration in which Planet Nine "failed to list any cargo." In fact, the declaration indicated zero for both categories: Shipper’s Export Declarations and Air Waybills on Form 7507. CBP subsequently conducted a border search of the aircraft in Charlotte and found 93 duffel or trash bags filled with hemp, marijuana or both from We CBD.

“It is undisputed that (1) the Hemp was attempted to be exported from the United States, and as We CBD itself alleges, (2) during the Hemp’s export there was a 'failure to file accurate and necessary documents with United States Customs and Border Protection,' and specifically 'a failure to file an accurate general declaration, [] failure to file a cargo manifest, and [] failure to timely file an [Electronic Export Information],” DOJ said. We CBD's complaint for negligence amounts to “evidentiary admissions which clearly establish probable cause that the Hemp's attempted exportation was contrary to law,” and that it is subject to forfeiture, the brief said.

“We CBD cannot plausibly sue Planet Nine for causing export violations on one hand, and then in this action, deny the very same export violations occurred.”