DEA Cannot Regulate Naturally-Occurring THC

DEA Cannot Regulate Naturally-Occurring THC
Posted by CN Staff on February 06, 2004 at 14:19:37 PT
For Immediate Release
Source: Common Dreams 
San Francisco, Ca. -- U.S. Court of Appeals for the Ninth Circuit: The Hemp Industries Association (HIA), representing over 200 hemp companies in North America won their 2 1/2-year old lawsuit today against the Drug Enforcement Administration (DEA) in a decision that permanently blocks DEA regulations that attempted to ban nutritious hemp foods such as waffles, bread, cereal, vegetarian burgers, protein powder, salad dressing and nutrition bars.
"The decision in HIA v. DEA is a huge boost to the hemp food market, and we expect to see many more hemp food products on store shelves," says David Bronner, maker of the AlpSnackR organic hemp nutrition bar and Chair of the HIA Food and Oil Committee. "The three judge panel agreed with our main argument that the DEA's 'Final Rule' ignores Congress's specific exemption in the Controlled Substances Act (CSA) under the definition of marihuana that excludes hemp seed and oil from control along with hemp fiber. Based on today's decision, the court reasonably views trace insignificant amounts of THC in hemp seed in the same way as it sees trace amounts of opiates in poppy seeds," says Bronner.A Video News Release will be broadcast via satellite for free and unrestricted use. The 15-minute VNR contains footage of popular hemp food products and the manufacturing process; statements from nutritionist Dr. Andrew Weil; and key background on the landmark decision.Broadcast times: 3:45PM EASTERN TIME, 4:15 PM EST; Broadcast Date: Today! 2-6-2004 Coordinates: SBS6 Transponder: K8 Downlink Freq 11896 Vertical and Audio 6.1 and 6.8 Tech Assistance Call Julia at 1-800-354-6397 Background on the Hemp Food Court Decision Today's Ninth Circuit decision permanently invalidates the DEA's "Final Rule," issued on March 21, 2003, that was virtually identical to an "Interpretive Rule" issued by the DEA on October 9, 2001 that was invalidated by a Ninth Circuit court order issued on June 30, 2003. Please visit -- -- to view the Ninth Circuit ruling.In the decision, Judge Betty Fletcher wrote, "They (DEA) cannot regulate naturally-occurring THC not contained within or derived from marijuana-i.e. non-psychoactive hemp is not included in Schedule I. The DEA has no authority to regulate drugs that are not scheduled, and it has not followed procedures required to schedule a substance. The DEA's definition of "THC" contravenes the unambiguously expressed intent of Congress in the CSA and cannot be upheld."During the final oral arguments held in San Francisco on September 17, 2003, the HIA argued that the DEA's "Final Rule" banning nutritious hemp foods misinterprets the CSA. The judges were completely unconvinced by DEA attorney Daniel Dormont's arguments that Congress did not exempt hemp seed from the CSA even if the seed contains insignificant amounts of naturally-occurring THC. According to the hearing transcript available at -- -- Dormont was read back the section ofthe CSA dealing with the hemp seed exemption on three occasions by Judge Alex Kozinski. By the third reading, a frustrated Kozinski stated " I tried to say it once before. What this tells me is Congress knew full well that stalks and seeds and fiber could be carriers of some level of tetrahydrocannabinol (THC). They were aware of that. Nevertheless, it said unless you do the extracting part they are not marihuana under the definition. That is what it says to me." Near the end of the DEA's arguments, Judge Kozinski asked Dormont, "Can you tell me how you are going to save the [poppy seed] bagel?" The question drew laughter from the packed courtroom, but is a serious issue considering that the irrational logic behind the DEA's attempted hemp food ban could easily be applied to poppy seed bagels. DEA Admitted Hemp Food Does Not Pose Any Harm, Leading Nutritionist Agrees During final arguments, the DEA acknowledged that hemp foods have no abuse potential, stating "The concern of the Drug Enforcement Administration isn't particularized to the particular products that these Petitioners make. The DEA has never said, has never focused on the particular products and said anyone can get high from them, or that they pose a harm to people." According to Nutritionist and best selling author Dr. Andrew Weil, "There is absolutely no health concern about trace amounts of THC in Hemp foods. I think the federal court decision is great." Public Outrage Against DEA Attempted Ban In regard to widespread outrage over the DEA's "Final Rule" - 115,000 public comments, a letter from the Canadian government, and a letter from Congress co-signed by 22 Representatives submitted to DEA opposed to the hemp food ban - Ninth Circuit Chief Judge Mary Schroeder asked the DEA: "Did you take into account the objections of people who might say that this doesn't make a lot of sense?" Dormont admitted the rule "wasn't popular." Protests were organized by Vote Hemp against DEA's attempts to ban hemp foods. In December 2001 and again in April 2003, at more than 50 DEA offices nationwide, activists gave away hemp foods, poppy seed bagels and orange juice that contain trace THC, opiates and alcohol respectively to highlight the absurdity of DEA's rules. These "Hemp Food Taste Tests" generated public outrage and forced former DEA Administrator Asa Hutchinson to debate Vote Hemp Director Eric Steenstra on National Public Radio.Eating Hemp Food Does Not Cause Failed Drug Tests U.S. hemp food companies voluntarily observe reasonable THC limits similar to those adopted by European nations as well as Canada and Australia. These limits protect consumers with a wide margin of safety from workplace drug-testing interference.See hemp industry standards regarding trace THC at: DEA has hypocritically not targeted food manufacturers for using poppy seeds (in bagels and muffins, for example) even though they contain far higher levels of trace opiates. The recently revived global hemp market is a thriving commercial success. Unfortunately, because the DEA's Drug War paranoia has confused non-psychoactive industrial hemp varieties of cannabis with psychoactive "marihuana" varieties, the U.S. is the only major industrialized nation to prohibit the growing of industrial hemp.Hemp Companies React to Ninth Circuit Court Ruling "We are very excited that our best-selling Organic Hemp Plus Granola CerealR and our LifeStream Natural Hemp Plus WaffelsR will continue to be available in thousands of stores nationwide," says Arran Stephens, President and Founder of Nature's Path FoodsR."DEA was foolish to try to ban hemp seed because it is a rich source of protein, dietary fiber, minerals, iron, vitamin E, and a near perfect composition of essential fatty acids - Omega 3 and 6," says Lynn Gordon, President of French Meadow Bakery which sells Healthy Hemp BreadR. "We expect sales to increase enormously as result of the court ruling.""Nutiva's organic hemp bars and protein powder can finally be sold without concern over its legality," says John Roulac, President of NutivaR."Vegetarians everywhere should celebrate this court ruling," says Ken Holmes, co-founder of Living HarvestR. "People have a right to eat our nutritious Hemp Power Bar, Hemp Protein, Hemp Oil and Hemp Seed Nut.""Today's decision will boost demand for our bulk and private label oil and seed products, as well as retail brand hemp food and body care products ," says Shaun Crew, President of Hemp Oil CanadaR."Today's court ruling will jumpstart sales of our new meatless Omega BurgersR made from organic hemp seed," Ruth Shamai, President of Ruth's FoodsR."This decision now allows consumers to vote with there dollars. Healthy hemp food products like Hemp Seed Oil and Hemp Seed Nut(shelled hemp seed) are available now at major retailers like Whole Foods Market," says Michael Fata, Manitoba HarvestR Hemp Foods & Oils.Complete Title: Court Tells DEA it Cannot Regulate Naturally-Occurring THC in Hemp Food Landmark Decision Opens Way for Expansion of Hemp Food Industry Contact: Hemp Industries AssociationAdam Eidinger 202-232-8997Source: Common Dreams (ME)Published: Friday, February 06, 2004 Copyright: 2004 Common DreamsContact: editor Website: Articles & Web Sites:HIA News Hemp Links Rejects DEA Bid To Outlaw Hemp Foods To Outlaw Hemp Could Go Up in Smoke Demonized Seed - LA Times
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Comment #16 posted by schmeff on February 09, 2004 at 11:38:15 PT
Read That Headline Again
DEA Cannot Regulate Naturally-Occurring THCI think I can say for most of the readers and lurkers here that naturally occurring THC is the main item of interest for our movement. Can we really hope that the DEA has no regulatory authority over it!?
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Comment #15 posted by Truth on February 07, 2004 at 10:17:27 PT
I can't wait to hear him on Face the Nation tomorrow morning. A whole hour, unscripted, anyone got a pretzel?
pretzel face
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Comment #14 posted by freddybigbee on February 07, 2004 at 09:21:37 PT:
I didn't notice that, but I did notice the shrub squirming as never before. He looked as nervous as someone who'd never spoken in public before, barely able to speak coherently (even by his standards). I think he's very nervous that people will not swallow an investigation controlled by the white house, and that there could be a somewhat real investigation not timed to innoculate him against the issue through election day.
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Comment #13 posted by kaptinemo on February 07, 2004 at 03:50:31 PT:
I wish I'd seen it
I hope some links get published soon. I've come to the conclusion that if 'accidents' happen, it's only because there's another level of order we're not aware of yet peeking out from behind the veil of life; "Chaos Theory" with a sense of humor. That 'White - Wash' pic is a perfect example, and bound to become a historical photograph.It's just too fitting a description of what's going on in this country and in the UK, as well:BBC AT WAR
M'LORD HUTTON BLESSES BLAIR'S ATTACK ON BBC'S INVESTIGATION OF IRAQ WAR CLAIMSBY GREG PALAST the article:*He did not say, "hello," or even his name, just left a one-word message: "Whitewash." It came from an embattled journalist whispering from inside the bowels of a television and radio station under siege, on a small island off the coast of Ireland: from BBC London. And another call, from a colleague at the Guardian: "The future of British journalism is very bleak."* Yes...'whitewash' suppliers must be the few companies today not suffering from the economic troubles we are having right now; the two allied governments have demonstrated sooooooo much need of their products, of late...
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Comment #12 posted by FoM on February 06, 2004 at 22:40:03 PT
Nuevo Mexican 
No I didn't see that. I'll look now. I only glanced at Bush when he was speaking. I have a problem when I see him. I get a chronic case of indigestion! LOL! I'm bad!
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Comment #11 posted by Nuevo Mexican on February 06, 2004 at 22:28:07 PT
Great Ruling, of course, it benefits Dennis.....
lets see the Hemp Industry throw their weight behind Dennis, as he is a vegan and must know the value of hemp foods as well as anyone.By the way, when the final votes were counted, Dennis got 6 percent of the state vote! His highest yet, Kucitizens have spoken in New Mexico!With this ruling, a huge hole in the damn of prohibition has blown wide open, and I expect things to continue to fall our way, as its seems our darkest hours have passed, and the light is returning to the Earth.The wheels (laws) of karma have started to grind, and grind away they will! Did anyone see 'the pretz' at his announcement of the members of his whitewash? The Pretzeldential Seal behind his head had the letters white (of White House) to the left of his head blocking the word House and underneath White was WASH, the first 4 letters of Washington D.C. to the left of his head as well. I'm sure the cameraman saw this, as it basically spelled out White Wash, coinciding with it being a 'white wash' of an investigation from the start!I'm sure they'll run this clip for a while, hope every one catches it. Unfortunately, you have to watch him to see it, but its worth it.It looks like the media might bail on him if he continues to be such a loser on Iraq. We can only hope!
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Comment #10 posted by ekim on February 06, 2004 at 20:06:46 PT
Wishing Dennis the best
Saw Dennis today in Kalamazoo MI it was at 1pm and the Church was packed with supporters. Most of the talk here in MI is how many jobs have left the State. I hope some where Dennis will be able to show that many new jobs will benefit the people from this plant. Seems that Dr Weil would support Dennis --maybe he is dont know.With this new ruling I hope the Hemp Industries will invest in more of the display boards it has been advertising on we have wanted them for over six months. Dennis should have his own set-- a better champion would be hard to find.
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Comment #9 posted by goneposthole on February 06, 2004 at 19:16:56 PT
My high hopes
I hope the courts keep on instructing the DEA about what they can and cannot do. Time for all of this silly drug war business to come to a screeching halt.
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Comment #8 posted by FoM on February 06, 2004 at 17:58:03 PT
Related News Brief from Reuters
U.S. Court OKs Sale of Hemp-Based Food ProductsFebruary 7, 2004 
SAN FRANCISCO (Reuters) - An appeals court barred the U.S. government on Friday from preventing the sale and possession of food products made from hemp plants with small amounts of the substance that makes marijuana, a related plant, an illegal drug.The U.S. Drug Enforcement Agency may regulate marijuana and synthetic forms of the substance that gives the plant its narcotic powers, but the agency does not have authority to bar the sale or possession of all hemp-based food products, the San Francisco-based 9th U.S. Circuit Court of Appeals said in its ruling.Non-psychoactive hemp used to make food, oils, cosmetics rope, paper and other products, is not a so-called scheduled drug the DEA has authority to regulate despite hemp's small, or trace, amounts of the substance that produces a marijuana high, the court held."Congress knew what it was doing, and its intent to exclude non-psychoactive hemp from (DEA) regulation is entirely clear," Judge Betty Fletcher wrote for the court.Copyright: 2004 Reuters
CNews Hemp Links & Hemp Food Ruling
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Comment #7 posted by observer on February 06, 2004 at 17:40:21 PT
breaking hemp news...
gathered by a news robot -
pot - news bot
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Comment #6 posted by mayan on February 06, 2004 at 16:34:19 PT
but more good news!New York City Passes Resolution Against PATRIOT ACTS:
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Comment #5 posted by mayan on February 06, 2004 at 16:28:08 PT
Near the end of the DEA's arguments, Judge Kozinski asked Dormont, "Can you tell me how you are going to save the [poppy seed] bagel?" The question drew laughter from the packed courtroom, but is a serious issue considering that the irrational logic behind the DEA's attempted hemp food ban could easily be applied to poppy seed bagels.Oh, to have been there!!! The feds don't care about poppy seeds because you can't make fuel,fibre,paper,plastics & building materials out of them(at least not to my knowledge)! Watch the hemp industry take off now! This is terrific!!!On an unrelated note...'Drug Ring' Bilks FBI Of $150K: way out is the way in...Ellen Mariani: 'Bush knew and let it happen'
 Facing up to a Whitewash of the White House: U.S., Germany Frees a 9/11 Suspect Hill Hearing Needed Now on 9/11 Investigation:
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Comment #4 posted by kaptinemo on February 06, 2004 at 16:21:59 PT:
Children, can you say "BITCH-SLAP?"
Suuuuure you can!The DEA is only demonstrating the insufferable arrogance of the Executive Branch which controls it; that they dared state that this was a "Final Rule", as if they were The Pope speaking *ex cathedra* on a matter of moral importance to the Church and was no longer open to discussion, is a perfect example of that arrogance in operation.But not this time. Not this time.Because they strethed out too far on a shaky limb and had it sawed off beneath them by those whose freedoms they wiped themselves with for too long.Would you like some ketchup for that crow, Ms. Head-of-the-DEA Tandy?The sleeping giant that is the cannabis community is slowly, fitfully rousing from it's dark nightmares of oppression, and is fighting towards full consciousness. When that day arrives, The DEA will look back upon these times as the last of the Good Ol' Days. Because when millions of people, like that long-suffering politically dangerous giant they are, stand up and say in a low, angry voice, "No more.", the DEA's days will be numbered.That time - OUR time - is now...
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Comment #3 posted by E_Johnson on February 06, 2004 at 15:57:55 PT
Everyone knows an ant can't
move a rubber tree plant!But he had HIGH hopes!He had HIGH hopes!High in the sky apple pie hopes.:-)
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Comment #2 posted by TroutMask on February 06, 2004 at 14:52:06 PT
High hopes
Oops, there goes another rubber tree plant!-TM(I hope I'm not the only person who recognizes that ditty!)
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Comment #1 posted by FoM on February 06, 2004 at 14:44:29 PT
The Hemp Ruling in PDF Format
HIA Vs. DEA Hemp Ruling in PDF:
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