Hemp Industry vs. DEA in U.S. Court

SAN FRANCISCO, CA
U.S. COURT of APPEALS for the NINTH CIRCUIT
January 7, 2002


The Hemp Industry Association (HIA) and several major hemp food companies in the U.S. and Canada filed their opening brief today urging the 9th Circuit Court of Appeals to throw out the U.S. Drug Enforcement Administration's (DEA's) interpretive rule, which attempts to ban the sale of nutritious hemp foods containing harmless trace amounts of naturally-occurring THC.
On October 9, 2001, without public notice or opportunity for comment, the DEA issued an interpretive rule purporting to make hemp foods containing any trace 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 CSA. Similarly, Congress exempted poppy seeds from the CSA, although they contain trace opiates otherwise subject to control.
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 (EFAs) 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. Yet, the DEA has not tried to ban poppy seed bagels despite their trace opiates that have interfered with workplace dr u g testing, which hemp foods do not. The hemp industry is reassuring retailers and consumers that hemp food products should remain on the shelves, as victory in court is virtually certain. David Bronner, Chairman of the DEA's Food and Oil Committee, says, "Based on the law and common sense, we expect that the Court will find that DEA's rules are obviously unfounded and arbitrary."
A positive court ruling will allow the hemp foods industry segment to continue its phenomenal expansion. Popular hemp foods include pretzels, tortilla chips, energy bars, waffles, bread, salad dressing, candy, cereal, cooking oil, ice cream and even non-dairy milk. Unlike the U.S., other Western countries (Canada, Germany, Switzerland, Australia) have adopted rational THC limits for foods, similar to those voluntarily observed by North American hemp food companies (see hemp industry standards regarding trace THC here,) and no other Western nation has attempted to ban the consumption of hemp foods. The U.S. is also the only major industrialized nation to prohibit the growing and processing of hemp. The hemp industry's opening brief can be read online here.
Visit VoteHemp.com to read court documents and numerous scientific studies on hemp foods. For more information or to arrange interviews with representatives of the hemp industry, please call Adam Eidinger at 202-986-6186 or 202-744-2671 (cell).

Kentucky Hemp Outfitter's Rob Moseley's letter on the subject

On October 9, 2001 the DEA made an end run to make the distribution, possession, and consumption of hemp-based foods illegal. Their methods and motives are shadowy at best. The timing of this ruling is as suspect as its constitutionality, coming less than a month after the September attacks on America.
DEA is "re-interpreting" the Controlled Substances Act of 1971, which makes allowances for all hemp products that are not "marijuana" (i.e. anything made from non-THC producing parts of the plant: fiber, hurd, and sterilized seed.) In effect, DEA claims that the framers of the act meant to target THC in any form or concentration, not just the THC producing parts of the plant. Today's advanced technology can test for THC to the billionth of a particle and can be used within the newly proposed interpretation to make any seed based product illegal. Keep in mind that eating hemp foods in the hope of achieving a "high" is as likely to succeed as eating corn to get drunk. The notion that eating hemp foods in anything short of super-human amounts will cause false positives in drug screening is farcical as well.
So what are the DEA's motives? Supposedly they're acting out of public concern after being asked repeatedly by the "concerned public" about the legal status of hemp foods...but I don't think so. The hemp food industry is the fastest growing segment of the American hemp industry. Hemp seed is widely available from Canada and, if left unimpeded, the nutritious food products derived from hemp seed could make their way into every grocery store in the USA, further weakening the DEA's dictatorial stance on hemp farming and hemp industry in this country. Basically the DEA is threatened by the progress the hemp industry has made in general and "re-interpreting" the current hemp laws is the first step in squelching that progress.
If you or anyone you know is interested in finding out how this hemp food drama works out please be sure to sign our e-mail list. We'll be sure to keep you updated on any late-breaking developments! Thanks again for your interest in industrial hemp and for checking out our website!

In Hemp, Rob
Kentucky Hemp Outfitters

Read the Courier-Journal story