Appellate Court Overturns Ban On Hemp In Food

Appellate Court Overturns Ban On Hemp In Food
Posted by CN Staff on June 30, 2003 at 11:53:50 PT
By David Kravets, Associated Press
Source: Associated Press
San Francisco - A federal appeals court on Monday overturned a U.S. Drug Enforcement Administration ban on the sale of food containing hemp, saying the agency failed to give enough advance warning or allow for public comment before imposing the rule.The 2-1 ruling Monday by a panel of the 9th U.S. Circuit Court of Appeals did not decide the constitutionality of a hemp food ban, but merely determined that the government did not follow proper bureaucratic procedure when it announced the ban in October 2001.
In March, the DEA began comporting with the federal Administrative Procedures Act, and has been sued again by the hemp industry in a challenge now pending before the appellate court. The ban has been put on hold pending legal challenges.In a sharp dissent, Judge Alex Kozinski called the majority's ruling "gratuitous," and predicted the ban will ultimately prevail. "The most likely outcome," he wrote, "is that we will uphold the regulation."Hemp is an industrial plant related to marijuana. Fiber from hemp plants long has been used to make paper, clothing, rope and other products. Its oil is found in body-care products such as lotion, soap and cosmetics and in a host of foods, including energy bars, waffles, milk-free cheese, veggie burgers and bread.Last year, DEA attorney Daniel Dormont told the appellate court that the agency banned food made with hemp because "there's no way of knowing" whether some products may get consumers high.Hemp food sellers say their products are full of nutrition, not drugs. They say the food contains such a small amount of the active ingredient in marijuana that it's impossible to get high.The DEA declared that food products containing even trace amounts of tetrahydrocannabinol - the psychoactive chemical known as THC that is found in marijuana and sometimes in hemp - were banned under the Controlled Substances Act.The administration ordered a halt to the production and distribution of all goods containing THC that were intended for human consumption. The DEA also ordered all such products destroyed or removed from the United States, but the 9th Circuit suspended that order pending a decision.The case is Hemp Industries Association v. Drug Enforcement Administration, 01-71662.David Kravets has been covering state and federal courts for a decade. Source: Associated PressAuthor: David Kravets, Associated PressPublished: June 30, 2003Copyright: 2003 Associated Press Related Articles & Web Site:Cannabis News Hemp Links Foods On The Ropes Circuit Court Blocks DEA Hemp Rule
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Comment #11 posted by FoM on July 02, 2003 at 11:35:34 PT
Related News Article from Snipped Source
Editorial: Hiatus for HempAppeals court tells DEA to mellow out.Bee Editorial StaffPublished: Wednesday, July 2, 2003The decision may lead to a round of jokes about what the justices on the 9th U.S. Circuit Court of Appeals have been smoking. But the ruling is both sober and sensible: A court panel says the Drug Enforcement Agency (DEA) overstepped its bounds in 2001 when, without public notice or comment, it used the Controlled Substances Act to ban all foods containing hemp from American store shelves. That arbitrary action put a budding American hemp-food industry under a serious cloud.Snipped:
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Comment #10 posted by The GCW on June 30, 2003 at 17:01:56 PT
This is good news.
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Comment #9 posted by FoM on June 30, 2003 at 14:09:25 PT
Related Article - - Yum: Hemp Burgers!
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Comment #8 posted by FoM on June 30, 2003 at 13:43:09 PT
Thanks Druid
When I read about Amsterdam and the USA I really worry. I hope they know not to get caught up in the way things are done in the U.S. 
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Comment #7 posted by FoM on June 30, 2003 at 13:32:15 PT
Thanks ekim
I don't know anyone that will be at the Hempfest but maybe someone will say if they are going or not if they read this thread. 
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Comment #6 posted by ekim on June 30, 2003 at 13:28:46 PT
thanks Fo
the only thing i can think of is that in order to ban something one must show how it is harming our people. by doing that the court must feel that no one has done a good job of that, and maybe it would show a benifit to humans. oh no would't be prudent would't be proper. say Fo do you know anyone that will be at the Hemp fest in Ca. comming up Santa Cruz i think. july 12 or close to it. well i was thinking that if you do then why not have them keep us posted as to whats shaken and all. maybe even give a plug for Cnews see you:)
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Comment #5 posted by Druid on June 30, 2003 at 13:27:47 PT
off topic-CEDRO
New additions to the CEDRO website:The Netherlands as a branch of American law enforcement?
by Justus Uitermark & Peter CohenOn 13 and 14 March 2003, government representatives, including Dutch 
American law enforcement officers, held a meeting on law enforcement 
terrorism. However, the agreements that were reached have little to do 
terrorism. Almost all of them relate to drugs, especially ecstasy. The
American enforcement agencies' wish to have the complete and 
cooperation of the Dutch legal system finally seems to be fulfilled.
Despite the fact that these agreements have been formally made in the
context of the "War on International Terrorism", they should be seen in 
light of a far older war, the "War on Drugs". The only difference is 
other and more severe methods are now being employed.
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Comment #4 posted by FoM on June 30, 2003 at 13:15:03 PT
Thanks ekim
I thought you might like to know why the previous link didn't work. It's the '. 'I wasn't sure if you knew or not. As far as this article goes. What did the judges mean by the constitutionality of a hemp food ban?
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Comment #3 posted by ekim on June 30, 2003 at 13:09:10 PT
this is better you get page go to publcations and go to Alternative Fuel News. then see Vol 7 #1 Biofuels in Berkeley
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Comment #2 posted by ekim on June 30, 2003 at 13:01:28 PT
try this 
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Comment #1 posted by ekim on June 30, 2003 at 12:54:46 PT
this note was sent to me today
see www.afdc.doe/gov/documents/altfuelnews.
with fuel-food-paper-and god knows what else Hemp should be grown in every State.You've all heard of Berkeley of course. That's that asylum across the Bay 
from San
Francisco that's supposedly inhabited by lunatics.That's were the first "curb cuts" were ever installed at street corners, so 
that people in wheel
chairs could more easily cross the street. Eventually the idea caught on 
elsewhere, as you
may have observed.Anyway, Berkeley has done it again. The city has gone bio-diesel. You don't 
know what that
is? Well duuhbya probably doesn't either. Now you can say that have 
something in common
with him. Doesn't that make you proud? But I digress.Several cities use a 20% bio-diesel mix to fuel their fleets of diesel 
engine equipment, but Berkeley is the first city to convert to using 100% 
bio-diesel, a process that requires no adjustments to it's diesel
engines.Bio-diesel can be made from many sources including used restaurant grease, 
and virgin
soybean oil. It produces about half as many harmful emissions as regular 
diesel. Another nice
thing is the fragrance of the exhaust. Using regular diesel fuel, when the 
trucks fired up in the city garage it looked as if they had a small fire. 
With bio-diesel the exhaust smells a little like a fast
food restaurant.For now it will cost the city about $1 more a gallon, but it's expected 
that the price will soon
come down as there is more and more demand for the fuel. Anyway the city 
feels that
keeping the air cleaner is worth the additional cost.
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