Thursday, April 17, 2003

Ninth Circuit Court blocks DEA hemp rule

VoteHemp

SAN FRANCISCO, California - U.S. COURT of APPEALS for the NINTH CIRCUIT - Late 
yesterday the Court granted the hemp industry's Motion to Stay the U.S. Drug 
Enforcement Administration's (DEA's) "Final Rule," which was issued March 21, 
2003 and would have banned the sale of nutritious hemp foods containing 
harmless trace amounts of naturally-occurring THC under the Controlled 
Substances Act (CSA) of 1970. This "Final Rule" is virtually identical to an 
"Interpretive Rule" issued on October 9, 2001 that never went into effect 
because of a Ninth Circuit Court Stay issued on March 7, 2002.

Both Motions to Stay were brought jointly by the Hemp Industries Association 
(HIA) and several major hemp food companies in the U.S. and Canada. The court 
is currently hearing a substantive challenge to the Final Rule, which the hemp 
industry is optimistic that the Court will ultimately invalidate.

Because trace infinitesimal THC in hemp seed is non-psychoactive and 
insignificant, the U.S. Congress exempted non-viable hemp seed and oil from 
control under the CSA, just as Congress exempted poppy seeds from the CSA, 
although they contain trace opiates otherwise subject to control. The hemp 
industry is assuring retailers and consumers that hemp food products should 
continue to be stocked, sold and consumed. Joe Sandler, counsel for the HIA, 
stated: "The Court's order effectively prevents DEA from enforcing its 'Final 
Rule.' With this stay in effect, all those who sell, import, manufacture, 
distribute and retail edible hemp oil and seed, and oil and seed products, can 
continue those activities secure in the knowledge that such products remain 
perfectly lawful."

Hemp seed has a well-balanced protein content and the highest content of 
essential fatty acids (EFAs) of any oil in nature: EFAs are the "good fats" 
that, like vitamins, the body does not produce and requires for good health. 
Dr. Udo Erasmus, an internationally recognized nutritional authority on fats 
and oils, writes in Fats that Heal - Fats that Kill: "Hemp seed oil may be 
nature's most perfectly balanced oil." Not surprisingly, shelled hemp seed and 
oil are increasingly used in natural food products, such as corn chips, 
nutrition bars, hummus, nondairy milks, breads and cereals. In the last few 
years, the hemp foods industry has grown from less than $1 million a year to 
over $5 million in retail sales.

North American hemp food companies voluntarily observe reasonable THC limits 
similar to those adopted by European nations as well as Canada and Australia. 
These limits protect consumers with a wide margin of safety from any 
psychoactive effects or workplace drug-testing interference (see hemp industry 
standards regarding trace THC at www.testpledge.com). The DEA has 
hypocritically not targeted food manufacturers for using poppy seeds (in bagels 
and muffins, for example) even though they contain far higher levels of trace 
opiates. The recently-revived global hemp market, with retail sales of over 
$250 million worldwide, is a thriving commercial success. Unfortunately, 
because the DEA's Drug War paranoia has confused non-psychoactive industrial 
hemp varieties of cannabis with psychoactive "marihuana" varieties, the U.S. is 
the only major industrialized nation to prohibit the growing of industrial hemp.

Please visit www.votehemp.com to read scientific studies of hemp foods and see 
court documents

For more information, contact:

Mintwood Media
Adam Eidinger
Tel: (202) 986-6186

Or

VoteHemp
URL: www.votehemp.com

Copyright © 2003, VoteHemp. All rights reserved.


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