-Caveat Lector-

Subject: DEA Hemp Seizure: For the birds
Date: Wednesday, October 27, 1999 7:19 PM

THE DETROIT METRO TIMES
Detroit, Michigan
October 27, 1999

Metro Beat

Seizure: For the birds

By  Gretchen A. Van-Monette

The U.S. Drug Enforcement Agency has flexed its �zero tolerance�
muscles in an effort to protect Americans from THC � the psychoactive
component of marijuana � by halting a truckload of sterile, and, for
all intents and purposes, THC-free hemp seeds on their way to a
birdseed manufacturer in Baltimore.

Seventeen tons of seed have been sitting in a metro Detroit warehouse
since the shipment from Canada was seized in early August. Meanwhile,
the Canadian and United States hemp industries are left to wonder what
impact this action will have on their business.

Jean Laprise, owner of Kenex Ltd. in Chatham, Ontario, and producer of
the confiscated hemp seeds, is flabbergasted by this entanglement in
an otherwise smooth re-emergence of the Canadian hemp industry. Canada
endorsed the growing of industrial hemp almost a year and a half ago.

Since then, Kenex has been delivering shipments of hemp seeds,
cosmetic- and food-grade oil and horse bedding to customers across the
United States. U.S. Customs first demanded that Kenex turn over its
records and recall shipments as far back as 1998, or face a fine in
excess of $500,000.

This is impossible, laments Laprise in a recent New York Times
article, because the products have been used. How can you recall hemp
seeds, an essential ingredient in the popular Nutiva hemp bar, that
were already consumed?

Conditions for release of the seeds, valued at $25,000, have
apparently now changed. According to Laprise, the DEA notified him
last week that in exchange for releasing the hemp seeds, Kenex must
pay a seizure cost between $5,000 and $10,000 and sign a �hold
harmless� agreement, which basically says the government agencies did
nothing wrong and they can�t be sued at a later date. But even then,
Laprise says Kenex has no guarantee future shipments will not be
stopped at the border.

�Those are unacceptable conditions that we are being forced to accept,
under protest,� Laprise says. The DEA gave the orders to U.S. Customs
officials to seize the shipment, based on the notion that industrial
hemp seeds may be �contaminated� with THC, the component necessary to
get high from smoking marijuana. Canadian grade industrial hemp is
regulated to 0.3 percent THC; commercial pot generally has 8 percent
to 20 percent THC.

In a statement, the DEA asserted the U.S. Controlled Substance Act of
1937 defines hemp as marijuana. Hemp advocates maintain that
sterilized hemp seeds are specifically excluded from Schedule I
classification of marijuana in the Controlled Substance Act.

Industrial hemp seeds are also specifically highlighted in NAFTA as a
legal U.S. import, hemp advocates say.

Industrial hemp has been imported for years from such countries as
Britain, France, Germany, the Soviet Union, and lately Canada. Because
hemp production is outlawed in the United States, importation is the
only option available to American companies that use hemp products.

This move by the DEA is raising a ruckus in government circles in
Canada. In a letter to Commissioner Raymond Kelley of the United
States Customs Service, Canadian Minister Douglas Waddel expressed
concern: �The treatment of this company, and in particular the lack of
due process and the failure by the U.S. to follow normal Customs
procedures, are matters of particular concern to Canadian authorities.
Moreover, Canada considers this seizure action to be contrary to U.S.
NAFTA and WTO obligations.�

Some hemp entrepreneurs worry this incident will stymie the industrial
hemp movement. Don Wirtshafter, founder of the Ohio Hempery, is quite
disturbed about what happened.

�The (DEA) has shaken all confidence in the hemp and the hemp food
industry,� says Wirtshafter. �We were just at the point of success and
they knocked our legs out from under us.�(END)

<http://www.metrotimes.com/20/04/Metrobeat/metrobet.html#2>
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