|
NINTH CIRCUIT COURT BLOCKS DEA HEMP RULESAN FRANCISCO, CA - U.S. COURT of APPEALS for the NINTH CIRCUIT - Late yesterday the Court granted the hemp industrys Motion to Stay the U.S. Drug Enforcement Administrations (DEA's) "interpretive" rule, which was issued October 9, 2001 without public notice or opportunity for comment 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. Just this week the industry had learned that the Ninth Circuit's Motions panel had referred the industry's Motion to Stay to the Merits panel, who had in turn scheduled expedited oral argument for April 8. Due to this turn of events, the industry had not expected that a ruling would be forthcoming on their Motion to Stay and was happily surprised to learn that the motion had been granted. The Motion to Stay was 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 interpretive rule, and in light of today's ruling, the hemp industry is optimistic that the Court will ultimately invalidate DEAs rule, as one of the prime criteria in granting the Stay was whether the hemp industry is likely to ultimately prevail on the merits of the case. 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 Interpretive Rule until a final ruling by the Court on the validity of DEA's action. 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. The court ruling allows the hemp foods industry segment to continue its phenomenal expansion. Popular hemp foods include pretzels, tortilla chips, energy bars, waffles, bread, salad dressing, cereal, cooking oil, ice cream and even non-dairy milk. Unlike the U.S., other Western countries (Canada, Germany Australia) have adopted rational THC limits for foods, similar to those voluntarily observed by North American hemp food companies which 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 http://www.TestPledge.com). The 10-year-old global hemp market is a thriving commercial success. Unfortunately, because DEA's drug-war paranoia has confused non-psychoactive industrial hemp varieties of cannabis with psychoactive "marijuana" varieties, the U.S. is the only major industrialized nation to prohibit the growing and processing of industrial hemp. If you would like to read more about the case, please visit http://www.VoteHemp.com If you would like to make a donation to support Vote Hemp's continuing efforts, please visit http://www.VoteHemp.com/contribute.html |
|
February 28, 2002 CONTACT: Adam Eidinger 202-986-6186 DEA Received 115,000 Comments Against New Rule To Limit Hemp Food AvailabilityCourt Decision to Stay DEA Rule Expected Before March 18thARLINGTON, VA -- The Drug Enforcement Administration received over 115,000 public comments from hemp food and body care consumers and manufacturers opposing DEAs attempt to ban hemp seed and oil products which contain infinitesimal trace residual THC (much like poppy seeds on bagels contain trace opiates). The Body Shop collected most of the comments at their 300 stores nationwide, and Vote Hemp generated approximately 5,000 comments through their website since the new DEA Interpretive rule on hemp food was announced October 9, 2001. Numerous members of Congress and state legislatures have also sent comments to the DEA critical of the new rule. "The DEA has no public support for the new hemp food rule," says Eric Steenstra, President of VoteHemp. "After examining the public comments, it is clear that the DEA is out of touch with the general public which is informed about the compelling nutritional and legal arguments in support of healthy hemp food products." The DEA handed a temporary victory to the multimillion-dollar-a-year hemp food industry on February 7, one day after the deadline for disposing of hemp foods expired, in response to an Emergency Motion filed by the hemp industry. DEA told the U.S. Court of Appeals for the Ninth Circuit that they will extend the "grace period" for disposing hemp food products 40 days until March 18, reassuring retailers stocking and selling hemp food products that DEA would not commence enforcement action until the Court rules on the hemp industrys original "Urgent Motion to Stay." Ultimately, the hemp food industry expects to prevail against the DEA attempt to ban hemp foods because Congress explicitly exempted nutritious hemp seed and oil from the Controlled Substances Act (see 21 U.S.C. §802(16)), and the trace infinitesimal residual THC in hemp seed and oil is not psychoactive and does not interfere with workplace drug-testing (see www.TestPledge.com). Students Arrested For Distributing Hemp Foods Expected to Win CaseIn a separate criminal case, students from Syracuse University arrested for "marijuana" possession while handing out healthy hemp seed tortilla chips and nutrition bars in protest of DEAs rule are expected to have their charges thrown out today because a court-ordered lab test of the hemp foods has confirmed that the hemp food products infinitesimal trace THC content cannot be considered a controlled substance. The students, members of Students for Sensible Drug Policy, participated in the nationwide "DEA Taste Test" on December 4, 2001 in which hemp enthusiasts handed out free hemp food samples outside DEA offices in 76 cities. The three students who were charged are considering a false arrest lawsuit because they repeatedly warned the police officers prior to their arrest that the hemp foods they were giving away are legal nutritious foods sold in natural foods stores throughout the U.S. and have nothing to do with marijuana. 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 which doctors traditionally have recommended eating fish and flax to obtain. Thus, hemp seed and oil are increasingly incorporated as ingredients in a myriad of natural foods to boost their nutritional profile. U.S. companies are currently manufacturing cereals, waffles, pretzels, chips, salad dressings, breads and granola bars, among other products, that contain hemp seed or oil. The 10-year-old global hemp market is a thriving commercial success. Unfortunately, because DEAs drug-war paranoia has confounded biologically distinct non-psychoactive industrial hemp varieties of cannabis with psychoactive marijuana varieties, the U.S. is the only major industrialized nation to prohibit the growing and processing of industrial hemp. Please visit http://www.VoteHemp.com to read scientific studies and see court documents. 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). |
|
|
|
![]() |