IGNORING REALITY

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The420Guy

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Companies such as The Merry Hempsters will not be quite so merry if the
federal government has its way in restricting the sale of consumable
hemp-based products. The Eugene company, which produces hemp-oil based,
all-natural lip balms and healing products, could very well shut down if
a Drug Enforcement Administration regulation goes into effect. In
October 2001, the DEA issued a rule which declared that that all
industrial hemp products are no longer exempt from the definition of
marijuana as defined in the Controlled Substance Act (CSA).

The proposed rule prohibits the sale of hemp food products, said David
Frankel, an attorney challenging the regulation. Further, he said, the
DEA could expand the measure to include hemp-based lip balm, since lip
balm is theoretically an ingestible product.

Frankel argues that the rule is illegal because it ignores the reality
that industrial hemp products contain only trace amounts of naturally
occurring THC -- about .0001 percent -- and that they therefore have
absolutely none of marijuana's psychoactive effects.

Although the rule was due to go into effect March 18, the Merry
Hempsters' logo will continue to show its smiling face on the shelves of
stores across the country. Last week, the 9th Circuit Court of Appeals
blocked enforcement of the rule until the court determines its legality.
Lawyers and activists challenging the DEA interpretive rule are
therefore confident that the case will ultimately be decided in their
favor.

Frankel calls the rule "a form of economic terrorism" against the hemp
industry. Many small hemp producers have lost income as a result of the
rule, even though its legality has yet to be determined. While some
stores, such as Sundance in Eugene, decided to wait to take their edible
hemp off the shelves, others feared the consequences of waiting. The
national chain, Whole Foods, chose caution and removed all of its
hemp-based food and body products from its shelves on Feb. 5.

As a result, the Merry Hempsters, a business centered completely on hemp
products, experienced a huge economic setback. Owner Gerry Shapiro is
relieved that Whole Foods, responding to the court's action, will
restock its shelves with his hemp-based products later this week.
Shapiro remains optimistic that the court will send a strong message to
the DEA that their battle on hemp is futile. He says, "I do not believe
the DEA has legal authority, credible science, common sense, or justice
on their side."


Pubdate: Thu, 14 Mar 2002
Source: Eugene Weekly (OR)
Copyright: 2002 Eugene Weekly
Contact: editor@eugeneweekly.com
Website: Eugene Weekly
Author: Judy Yablonski
 
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