cannabisnews.com: Court Declares a Haven for Hemp Court Declares a Haven for Hemp Posted by CN Staff on July 31, 2003 at 10:44:40 PT By Mike Keefe-Feldman Source: Missoula Independent On Feb. 6, 2002, the U.S. Drug Enforcement Agency (DEA) classified edible hemp as an illegal Schedule I controlled substance—a categorization that put the non-intoxicating plant in the same category with heroin. But a recent ruling by the Ninth U.S. Circuit Court of Appeals, which covers Montana, has sucked some wind out of that move. In a 2-1 decision, San Franciscio appeals court Justice Betty Fletcher wrote, “Because the DEA rule is inconsistent with the THC regulation at the time of promulgation, it is a procedurally invalid legislative rule…we declare the rule to be invalid.” “If they’d ruled in favor of the DEA, we’d be done with our hemp beer,” says Tim O’Leary, owner of Missoula’s Kettlehouse Brewery and proud brewer of Bongwater Ale. O’Leary chuckles at the thought of a Kettlehouse “drug bust.” “Our hemp seed has been tested, and it has less than four parts per million of THC. A joint has three parts per hundred…so to get the equivalent amount of THC as a joint, you’d have to drink about 8,500 pints.” O’Leary says that hemp advocates attempting to separate themselves from marijuana legalization supporters have an uphill battle. “The general public gets confused and thinks it’s all one and the same, so there’s a lot of education that’s needed.” Like O’Leary, the Good Food Store was pleased not to have to pull hemp products like granola and energy bars, according to bulk purchaser Eddie Johnson. However, Rogene Waite of the DEA’s public affairs office warns small businesses not to count their high-protein seeds before they’ve grown; her agency plans an appeal. “We would basically be doing a rule-making, and this is the procedure that we have been charged, by Congress, to do,” she says. The Hemp Industries Association (HIA) argues that such rule-making is outside of the DEA’s jurisdiction. The Ninth has agreed, but the saga will likely continue. As it unfolds, however, consumers can feel free to enjoy a pint of Bongwater Ale with a hemp energy bar on the side, for dipping. Source: Missoula Independent (MT)Author: Mike Keefe-FeldmanPublished: July 31, 2003 Vol. 14 - No. 31 Copyright: 2003 Missoula IndependentWebsite: http://www.everyweek.com/Contact: http://www.everyweek.com/News/Letters/LetterTo.aspRelated Articles & Web Sites:HIAhttp://www.thehia.org/Cannabis News Hemp Linkshttp://freedomtoexhale.com/hls.htmAppellate Court Overturns Ban On Hemp In Foodhttp://cannabisnews.com/news/thread16725.shtmlHemp Foods On The Ropeshttp://cannabisnews.com/news/thread16083.shtmlNinth Circuit Court Blocks DEA Hemp Rule http://cannabisnews.com/news/thread15993.shtml Home Comment Email Register Recent Comments Help Comment #15 posted by mayan on July 31, 2003 at 16:28:44 PT For the Newbies... SHADOW OF THE SWASTIKA:The Real Reason the Government Won't Debate Medical Cannabis and Industrial Hemp Re-legalization http://www.sumeria.net/politics/shadv3.html [ Post Comment ] Comment #14 posted by FoM on July 31, 2003 at 13:49:34 PT Virgil Thank you. Appeals and more appeals and on it goes and where or when it stops no body knows. That's how I look at the legal system. [ Post Comment ] Comment #13 posted by Virgil on July 31, 2003 at 13:45:59 PT There is nothing to see This article makes like the courts settled the issue of a hempfood ban. The article you posted shows that the issue is still alive. There is still another appeal and there is nothing to see until they rule on the issue. [ Post Comment ] Comment #12 posted by BGreen on July 31, 2003 at 13:27:55 PT Rule-making? That's how laws are made? However, Rogene Waite of the DEA’s public affairs office warns small businesses not to count their high-protein seeds before they’ve grown; her agency plans an appeal.“We would basically be doing a rule-making, and this is the procedure that we have been charged, by Congress, to do,” she says.They make "rulings" that become law and are used to imprison people. IF congress gave them that power then they don't have that power because congress' doesn't have that power nor is it theirs to give away.That means people have been illegally imprisoned under laws that are nothing more than memo's from the DEAth department. The president is the only person able to make so-called "executive orders" which creates laws by the stroke of his pen. That power doesn't belong to any other person or agency and it sure as hell doesn't belong to the DEAth and shouldn't even belong to bush.Illegal imprisonment is state-sanctioned kidnapping.Free the cannabis prisoners and free cannabis for the prisoners.The Rev. Bud Green [ Post Comment ] Comment #11 posted by FoM on July 31, 2003 at 13:27:28 PT Virgil I'm still not exactly sure what you want to see. I went into the Hemp Archives and saw a few articles because they are dated but thought you might find it faster if I post the link. Here it is. If it helps let me know please!http://www.cannabisnews.com/news/list/hemp.shtml [ Post Comment ] Comment #10 posted by Virgil on July 31, 2003 at 13:16:29 PT FoM- Yes, kind of It seems the article you mention goes back to the first try that came at the end of 2001 and if there were good reporting, it would all be quite clear.The DEA regrouped and still has alive its wishes to ban hempfood to strangle its acceptance and financial vitality. The article you mentioned tells of the effort that is still alive- 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. [ Post Comment ] Comment #9 posted by FoM on July 31, 2003 at 13:01:15 PT Virgil Is This What You Want To See? Appellate Court Overturns Ban On Hemp In Food: http://cannabisnews.com/news/thread16725.shtml [ Post Comment ] Comment #8 posted by i420 on July 31, 2003 at 12:57:29 PT Drug Wars Has anyone seen Drug Wars - The Camarena story ?? Good movie so far! [ Post Comment ] Comment #7 posted by Virgil on July 31, 2003 at 12:57:27 PT Can't he do better than that? I just am amazed at how pathetic this reporting is. The War of Insanity the prohibitionist have launched on us is best illustrated by this insane and mad legislative act of the monstrosity known as the DEA.What gets me is he can say recent but cannot give the date. Even in an article on the hemp ban this narrow in scope, the guy could have included some facts- like the date of the ruling. It is news to me. It seems he did break the silence plan of the prohibitionists and that is about all. I would really like to know when this ruling came and why no one else has brought it to the Board either with a link or comment. CP sucks and so does the media. [ Post Comment ] Comment #6 posted by FoM on July 31, 2003 at 12:42:31 PT CorvallisEric I thought similar thoughts.PS: By the way we retried my monitor that went crazy the other day and it works fine now. That made me happy. [ Post Comment ] Comment #5 posted by CorvallisEric on July 31, 2003 at 12:34:51 PT Bongwater Ale O’Leary says that hemp advocates attempting to separate themselves from marijuana legalization supporters have an uphill battle. “The general public gets confused and thinks it’s all one and the same, so there’s a lot of education that’s needed.”Calling his product Bongwater Ale is part of that education? Actually, I can understand uphill battles, since my biggest kick right now is riding bicycles uphill. But if I just wanted to get to the next town quickly, I'd probably take the ugly, flat highway. [ Post Comment ] Comment #4 posted by FoM on July 31, 2003 at 12:10:02 PT i420 Try typing in a few key words in the google search on the link on my personal page. That might help.http://www.freedomtoexhale.com/ [ Post Comment ] Comment #3 posted by i420 on July 31, 2003 at 12:05:37 PT Your welcome... There are a couple other related articles about the drug re-entry court on c-news but i couldn't find them. [ Post Comment ] Comment #2 posted by FoM on July 31, 2003 at 12:00:41 PT i420 It is an interesting twist. It seems like the pressures are getting to some of the judges. Thank you! [ Post Comment ] Comment #1 posted by i420 on July 31, 2003 at 11:51:27 PT FoM Check out this interesting twistJudge who admitted throwing $1 at woman seeks alcohol treatment http://kpcnews.com/Main.asp?SectionID=24&SubSectionID=64&ArticleID=52417Allen judge in alcohol treatment Scheibenberger off bench; had overseen drug caseshttp://www.fortwayne.com/mld/journalgazette/6426360.htmRelated articles;Indiana Drug Deal Sentences Changed http://cannabisnews.com/news/9/thread9695.shtml Drug War's Results Probed http://cannabisnews.com/news/15/thread15486.shtml [ Post Comment ] Post Comment