The problem is not that NotHaus created a new currency.
The problem was he created a competing currency, marketed it as such, and went into great detail how to surrupticiously mix them into the nations money supply unbeknownst to the average citizen (one tactic which he specifically described ways to do this by giving them as change from vendors).
It is not WHAT he did, but HOW he did it that was illegal.
Go read the states case (online pdf) - they outline it very well, and as much as I hate to admit it, the state was right according to the letter of the law.
He just went about it the wrong way.
I take it you refer to his (admittedly contoversial) tactic of doing "the drop?"
I've just looked over the actual codes he was convicted of violating, and I'm not seeing how the jury did it other than through ignorance of the meaning of "current money" (although apparently "causing offense" to the US was also enough for them—heaven help us all.)
According to Black's 6th ed.:
Current Money: The currency of the country; whatever is intended to and does actually circulate as currency; every species of coin or currency. It is employed to describe money which passes from hand to hand, person to person, and circulates through the community, and is generally received. Money is current which is received as money in the common business transactions, and is the common medium in barter and trade. Page 383.
The problem with saying that offering one's own currency to someone, or that even "doing the drop" violates the code mentioning current money is that it leads to clearly unintended absurdities.
If someone dropped a $10 Canadian dollar bill into a clerk's hand to pay for a burger, stayed silent, then explained it as being Canadian money when asked, have they also violated that same code? If not, what is the difference?
And we might as well get the word out to all users of
Ithaca Hours... looks like they're all criminals now. Although I suspect that the Fed will leave them alone. No silver or gold to confiscate (and then try to resell on eBay!) from those folks.
(BTW - Do you have a link to that online pdf of the state's case?)