T
The420Guy
Guest
SAN FRANCISCO, CA - 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) "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
DEA=EDs 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 =EBInterpretive Rule=ED 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 =F3 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 Hemp Industries Association - Home). 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.
Late yesterday the Court granted the hemp industry's Motion to Stay
the U.S. Drug Enforcement Administration's (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
DEA=EDs 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 =EBInterpretive Rule=ED 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 =F3 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 Hemp Industries Association - Home). 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.
