http://ens-news.com/ens/jan2002/2002L-01-14-05.html
Environment News Service:
Canadian Company Will Sue to Prove Hemp is Not Pot

CHATHAM, Ontario, Canada, January 14, 2002 (ENS) - Kenex, Ltd., a 
Canadian agricultural firm that grows and processes hemp oil, seed 
and fiber products in Canada for distribution throughout the United 
States, has filed a notice of intent to sue the U.S. government under 
the North American Free Trade Agreement (NAFTA).

Nutiva Shelled Hempseed is a product of the new hemp industry in 
Canada. (Photo courtesy USA Hemp Museum)
Kenex is filing this NAFTA action because the U.S. Drug Enforcement 
Administration (DEA) has previously impeded and, through its recent 
ruling, seeks to prevent Kenex from accessing American markets for 
its hemp food products, on which the firm depends for over 
three-quarters of its business.

On October 9, 2001, without public notice or opportunity for comment, 
the DEA issued an interpretive rule purporting to make hemp foods 
containing any traces of naturally occurring tetrahydrocannabinol 
(THC), the active ingredient found in marijuana, immediately illegal 
under the Controlled Substances Act (CSA) of 1971.

Because trace THC does not pose any potential for abuse as a drug, 
the U.S. Congress had exempted non-viable hemp seed and oil from 
control under the Controlled Substances Act.

In the same way, Congress exempted poppy seeds from the act, although 
they contain trace opiates otherwise subject to control.

Jean Laprise, the president of Kenex says, "A few million dollars 
would not even begin to cover the cost of the financial hardships 
Kenex has suffered through DEA's harassment of our business and the 
hemp food marketplace in general. Since the DEA's new rule was 
announced, our U.S. hemp seed and oil sales have virtually ceased. If 
the DEA is not stopped, we are finished. Tallying our current and 
future losses, we expect to be compensated at least $20 million under 
NAFTA."

Kenex president Jean Laprise (left), in a Kenex hemp field with 
former Canadian Minister of Agriculture Noble Villeneuve (Photos 
courtesy Kenex)
Popular hemp foods include pretzels, tortilla chips, energy bars, 
waffles, bread, salad dressing, candy, cereal, ice cream and even 
non-dairy milk.

The government of Canada, in response to the DEA's new rule, stated 
that, "In reviewing the interim rule there is no evidence that the 
effective ban on relevant Canadian food products on the U.S. market 
is based on any risk assessment. Therefore, Canada objects to these 
measures."

Sterilized hemp seeds have been available in the U.S. for decades and 
are recognized as an exceptional source of protein, omega-3 and 
omega-6 essential fatty acids and Vitamin E. Independent studies and 
reviews conducted by foreign governments have confirmed that trace 
THC found in the increasingly popular hemp foods cannot cause 
psychoactivity or other health effects, or result in a confirmed 
positive urine test for marijuana, even when unrealistically high 
amounts of hemp seed and oil are consumed daily.

"Hemp seeds and oil are as likely to be abused as poppy seed bagels 
for their trace opiate content, or fruit juices because of their 
trace alcohol content," Kenex says. "Yet, DEA has not banned poppy 
seed bagels despite their trace opiates that have interfered with 
workplace drug testing, which hemp foods do not."

Kenex hemp processing facility in Chatham, Ontario
British businesswoman Anita Roddick, an investor in Kenex and founder 
of The Body Shop, which markets a successful line of hemp oil based 
cosmetics, said, "The blind prejudice and bloodymindedness of the DEA 
takes my breath away, especially when its actions are in direct 
contradiction to Congress. This is one instance when we have to 
invoke NAFTA. Without its protection, the future is bleak for hemp 
companies like Kenex."

In 1999, U.S. Customs at the behest of DEA impounded a Kenex shipment 
of hemp birdseed. Customs relinquished the shipment only after an 
experienced legal team demonstrated that the seizure was not 
justified by either the law or common sense, and the "New York Times" 
published an embarrassing expose.

In addition to its recent attempt to ban the sale of hemp foods, the 
U.S. is the only major industrialized nation to prohibit the growing 
and processing of hemp.


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