Ninth Circuit Court Blocks DEA Hemp Rule

  Ninth Circuit Court Blocks DEA Hemp Rule

Posted by FoM on March 08, 2002 at 08:55:27 PT
Breaking News 
Source: U.S. Newswire 

Late yesterday the U.S. Court of Appeals for the Ninth Circuit 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's 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: 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. Visit: to read scientific studies of hemp foods and see court documents. For more information or to arrange interviews with representatives of the hemp industry, call Adam Eidinger at 202-986-6186 or 202-744-2671 (cell). Source: U.S. NewswirePublished: March 8, 2002Copyright: 2002 U.S. Newswire Website: /Related Articles & Web Site:FTE's Hemp Links Stays in Stores: DEA Hands Over Victory Fight: DEA Cracks Down on Hemp Foods

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Comment #13 posted by FoM on March 09, 2002 at 08:47:33 PT

The Case for Hemp
Published: Saturday, March 9, 2002 

Copyright: 2002 San Francisco Chronicle 
The Federal government's attempts to persuade Americans to stop using illegal drugs have long been weakened by the outright silliness of some of its methods. 

For example, the ubiquitous TV ads showing an egg frying with a voice-over, "This is your brain on drugs," only made millions of perfectly sober people giggle. Most Americans know full well that the health danger of being a full- blown heroin or crack addict is infinitely greater than, say, the risk of smoking a joint once in a while. 

Now, a federal appeals court has taken a welcome move to prevent the Bush administration from further damaging the government's credibility in the war on drugs. 

On Thursday, the U.S. Court of Appeals for the Ninth Circuit in San Francisco temporarily blocked the Drug Enforcement Administration from enforcing a ban on food products containing hemp seed or oil. 

The ban, which was to go fully into effect March 18, would have taken the anti-drug cause to new levels of ridiculousness. It would have classified hemp as a "Schedule I controlled substance" -- the same as marijuana, cocaine and heroin. 

Hemp contains trace amounts of THC, the active substance in marijuana. But hemp's THC quantities are so tiny that it's literally impossible to get high by eating food containing hemp. These THC levels are also too small to interfere with drug tests. 

Hemp food products are a small but fast-growing sector of the natural foods industry, with annual sales of about $5 million. Products include pretzels, chips, energy bars, bread, salad dressing, cereal, cooking oil and ice cream. 

Complete Article: 
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Comment #12 posted by kaptinemo on March 09, 2002 at 07:34:08 PT:

The movie is scarily close to reality
Right this moment, at 1002 hours EST on the East Coast, in Winter's 65 degrees Fahrenheit outside. Don't try to pee in my face and dare to call it rain; don't tell me 'global warming' is a myth.Also, don't tell me that the government is unaware of it...or may not be involved in causing these changes. The US government's been monkeying around with changing weather and climate as a weapon, before...and maybe, this time, with disastrous results:HAARP, what does this have to do with hemp foods? Think about it: what better way to ensure a docile populace than by 'modifying' food and water to introduce into the population substances which cause that docility? Particularly the kind of docility which leads to political inactivity? The kind of inactivity which allows the Powers-That-Be to run things with little or no protest?Fat clogs arteries. Arteries bring oxygen-enriched blood to the brain. Anoxia occurs when the brain doesn't get enough oxygen to function well. In a word, you become stupid. But anoxia is generally a quick process; what about slow anoxia? Such as what happens when a lifetime of eating fatty foods slowly silts up your arteries? Then imagine what would happen if it became common knowledge amongst the population that there's a safe, natural alternative to anti-cholesterol drugs such as Lipitor. Which can screw your liver up so bad, you needn't worry about the arteriosclerosis killing you, the jaundice and other nasty side effects will do that long before the hardened arteries will.Safe, natural, and jolly well good for you...and illegal. Sound familiar?
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Comment #11 posted by mayan on March 08, 2002 at 17:49:00 PT

Right On!
This is a pleasant surprise indeed! It is strange how toxins are practically shoved down our throats, but something as nutritious as the hemp seed is so contoversial! It really does make one wonder. I'll have to check out soylent green. it sounds like a cool flick!
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Comment #10 posted by FoM on March 08, 2002 at 17:04:11 PT

Soylent Green
Hi everyone, I removed my former post because I was acting way too silly for myself. Here is something on Soylent Green if anyone wonders about what we are talking about. I only watched it years ago and just one time but it left a dent in my head.
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Comment #9 posted by MikeEEEEE on March 08, 2002 at 16:53:05 PT

I recently saw "Soylent Green" on cable TV, it was made around 1975, it gave me a chill when they showed global warming and major corporations in control as part of the future.
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Comment #7 posted by kaptinemo on March 08, 2002 at 11:53:33 PT:

I just had a horrid thought
Like, Charleton Heston's terifying admission at the end of the film with the same name, that "Soylent Green is people!"Really makes you wonder why, with all the evidence supporting the idea that the many of the foods we eat are causing the diseases we tend to suffer from, why the major corporations continue to add these things to our diets...and the government lets them. And why a food that's killed absolutely no one in 12,000 years of proven being attacked this way. Hmmmm.....
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Comment #6 posted by FoM on March 08, 2002 at 11:21:48 PT

Thanks GCW
It has been good. I think we get a long because we are very much a like. We have love for what we do and passion too. We need to talk or the war can't end. We need to talk to those who don't understand that we are loving, kind and really caring people who aren't trying to hurt anyone by our opinions.
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Comment #5 posted by The GCW on March 08, 2002 at 11:06:30 PT

That is good to have a speaking relationship wit Joyce. I am sure when people know the Truth, they become enabled to know what is best for our children. I have 2 very young children, and I do not want my kids doing hard drugs. What we’re doing today to prevent that, is worst than gambling. And I don’t gamble. I want my children to have a better chance at avoiding hard drug use and if they choose to do so, to wait till they are adults. Todays parents should not be held down to what historically does not work.
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Comment #4 posted by FoM on March 08, 2002 at 10:23:34 PT

kapt and everyone
I think it's ok for me to say this. Joyce and I have been having really nice email conversations. I don't feel I should mention anything we talk about but we are getting along very well. 
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Comment #3 posted by letsgetfree on March 08, 2002 at 10:13:57 PT

lol kapt... got it right on. I live in canada but i can also see the, hmmm let's say fattening of the children. it's very scary. I think the funny thing about this is while the factory farm industry is pumping all sorts of drugs into animals, while at the same time keeping them in horrendious conditions, while anti biotics are all thats keeping dieases at bay,yet this is what the US government is trying to "protect" it's citizens from. I quit meat 2 years ago and feel more healthy then i ever have. I'm currently trying to cut out as much dairy, junk, and other unhealthy things like coca cola. i don't drink coffee, but i do have the occasional beer or five, and of course a spliff or two. put down the burger and pick up the ganja everyone. Your body and the planet will love you for it
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Comment #2 posted by FoM on March 08, 2002 at 09:48:05 PT

Oh Kapt!
I needed a laugh! Smack on Porkie's Snout! LOL! Thanks!
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Comment #1 posted by kaptinemo on March 08, 2002 at 09:43:07 PT:

SMACK! on Porkie's snout!
I imagine we shall hear some faux-moral squeeling from the DEA (and it's cat's-paws like Joycie) soon. The whining will be centered about 'saving the children' from the 'danger' of microscopically low THC concentrations in hemp foods...which are vastly more nutritious than those paid for by you and me via taxes and farm price supports...and consumed by those same children in school.Which would you rather have? Foods rich in vitamins and minerals your body needs? Foods that can actually lower serum blood LDL cholesterol ratings? Or the same stuff that has been causing more heart attacks than a leak in a cyanide factory? Obesity and it's deadly twin brother arteriosclerosis is rising amongst our population...because of all the fat that is in just about every 'fast food' there is. Removing foods full of hydrogenated oils and replacing them with cold-pressed, unheated hemp oil based ones would drop this trend back down to normal levels.Oops! Maybe I shouldn't have said that. Sorry, all you DrugWarriors, don't mind me, just go back to your Big Macs consumed while you surveil a pot-heads grow-op - while murderers, rapists and child molestors run loose. Return to your donuts and whipped cream...and gallons of arryhthmia-producing coffee...while you scheme to steal more of our rights under the rubric of "Save the Chil-drun!" Keep getting heavier and heavier until your heart gives out from overwork. That way, those of still around won't have to pay on your Social Security and Medicare.Hmmmmm...maybe that's the idea, after all...
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