A California CBD manufacturer challenging the hemp policies of the U.S. Customs and Border Protection agency says hemp seizures are still taking place despite nationwide legalization and a federal judge’s assurance that border seizures of legal hemp are a thing of the past.

Innovative Nutraceuticals is trying to keep alive its claims against the federal government for seizing raw hemp the company was trying to get from Spain to its Lake Elsinore location for extraction.

The federal government asked the court to dismiss much of Innovative Nutraceuticals’ case, saying in September that Innovative Nutraceuticals “has not alleged that it is in imminent danger of suffering an injury.”

But the CBD company said in a response filed this week that customs officials “have made it clear that that if (manufacturers) import these lawful products into the United States, they will continue to seize the property and impose fines and penalties.”

No specific examples of ongoing seizures were cited.

Border Confusion

The threat of seizures comes despite the 2018 Farm Bill, which removed all hemp parts from the Controlled Substances Act, not just the seeds and stems.

The change means that hemp and CBD are legal to import and export as long as the products meet federal standards – meaning they must contain less than 0.3% THC.

Still, hemp is routinely seized and destroyed at ports, borders and airports, according to lawyers who represent cannabis clients.

“These are violations of the 2018 Farm Bill,” said Michael Chernis, Innovative Nu