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K&B Organics Sues DEA

Ever since the recent government crackdown on bath salts and similar compounds, the research chemical community has been in a limbo. Research chemical vendors are scarce and the few that do exist are usually overseas; however, there is one domestic vendor that has taken matters into his own hands and is fighting for his right to sell some of these compounds. Jeremy Kerr, CEO of Louisiana based K&B Organics Church of Neuroscience and Neurochemistry, has gone ahead and done just that.

In K&B Organic’s most recent blog post, a link was posted to a copy of a civil action suit filed against the DEA. The story is quite interesting and this is not the first time the DEA has unlawfully seized a business’ legal inventory. Bouncing Bear Botanicals is an American exotic plant distributor that specializes in the sale of plants like Kratom, Amanita Muscaria, Ayahuasca. Bouncing Bear Botanical was raided back in 2010 and had all their inventory seized as well. These charges were eventually all dismissed; however, it is unclear whether the company ever recovered their seized inventory.

According to K&B Organic’s complaint against the DEA, on March 20, 2012, the New Orleans Police Department seized over $3,000 in legal business inventory belonging to K&B Organics. Upon seizure, the police sent the goods to a DEA laboratory for further testing. By law, the DEA is required to provide a formal notice of seizure via USPS within four to eight weeks. To put it in perspective, this complaint was just filed recently on March 20th, 2013 (A full 52 weeks after the seizure).

I suggest checking out the document yourself if you are interested in the details of the complaint. You can find a link either on knborganics.com or below:
http://www.knborganics.com/KERRVSDEACOMPLAINT03-20-2013_-1-.pdf
(Link has been removed)

This event in particular is interesting because K&B Organics seems to actually have the resources to defend their claims. It is important to not forget that Jeremy Kerr (CEO of K&B Organics) has a Ph.D in criminology. As a result, it is safe to assume he is well versed in the world of law. K&B Organics also has an additional advantage when it comes to the court room. Due to the nature of their business, I imagine they are a lot more familiar with their products and how they stand up against state and federal drug laws than your  average law practitioner.

This incident with the DEA isn’t the only injustice that K&B Organics is pursuing in the court room. As a result of state legislation, Florida, Virginia, Minnesota, and North Dakota have listed compounds like MXE and 6-APB as controlled substances. K&B Organics believes that these bans are in violation of both the U.S. Constitution and the 1st Amendment. According to their website, K&B Organics is preparing to file a Federal Injunction which would prevent these states from enforcing these laws. I recommend you check out their website for more information on these matters.

 

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