cannabisnews.com: Hemp Food Industry Battles DEA in Federal Court





Hemp Food Industry Battles DEA in Federal Court
Posted by CN Staff on September 15, 2003 at 09:20:33 PT
Press Release
Source: U.S. Newswire
Lawyers representing 250 companies in the Hemp Industries Association (HIA) will make final oral arguments before the Ninth Circuit Court of Appeals located at 95 Seventh Street, San Francisco, Calif., Sept. 17, at 4 p.m.At the hearing, HIA lawyers will argue that the Drug Enforcement Administration's (DEA) attempt to ban nutritious hemp foods misinterprets the Controlled Substances Act and violates the Administrative Procedures Act.
WHO: Hemp Industries Association vs. Drug Enforcement AdministrationWHAT: Final Oral Arguments in Federal Court Over Legality of Hemp FoodWHEN: Wednesday, Sept. 17, at 4 PM PDTWHERE: U.S. Court of Appeals for the Ninth Circuit, 95 Seventh Street, San FranciscoIf this new "Final Rule" were to take effect, it would ban hemp seed and oil and consequently destroy the multimillion-dollar hemp food industry. Due to a Court ordered Stay, hemp foods remain perfectly legal to import, sell and consume while the Court hears arguments and renders a decision. The hemp industry expects a decision on the "Final Rule" in the next six months.Background Re: HIA vs. DEA in the Ninth Circuit Court of Appeals The DEA's "Final Rule," issued on March 21, 2003, is virtually identical to an "Interpretive Rule" issued by the DEA on October 9, 2001 that never went into effect because of a Ninth Circuit Stay issued on March 7, 2002. The hemp industry won a major victory against the DEA on June 30, 2003 when the Ninth Circuit invalidated the "Interpretative Rule." On March 28, 2003 the HIA and the Organic Consumers Association petitioned the Ninth Circuit to once again prevent the DEA from ending the legal sale of hemp seed and oil products in the U.S. through their "Final Rule" and on April 16, 2003, the Ninth Circuit again issued a Stay.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: http://www.testpledge.com/The 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. Numerous personal care products now use hemp as a key ingredient in skin cream, lip balm and soap. If upheld, the DEA rule could prohibit the importation of hemp oil, effectively denying these personal care companies a key ingredient in their products. 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.Visit: http://www.votehemp.com/media.html 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).Complete Title: Hemp Food Industry Battles DEA in Federal Court; Final Oral Arguments in San Francisco Sept. 17Source: U.S. NewswirePublished: September 15, 2003Copyright 2003 U.S. Newswire Website: http://www.usnewswire.com/ Contact: http://www.usnewswire.com/contactusn.htmlRelated Articles:DEA Set To Battle Pot Advocates Over Hemp Use http://cannabisnews.com/news/thread17249.shtmlCourt Declares a Haven for Hemphttp://cannabisnews.com/news/thread16982.shtmlAppellate Court Overturns Ban On Hemp In Foodhttp://cannabisnews.com/news/thread16725.shtml
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Comment #14 posted by FoM on September 18, 2003 at 14:33:04 PT
ekim
I'll keep looking but nothing so far. I will get an article posted as soon as I find one! I hope it's good news.
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Comment #13 posted by ekim on September 18, 2003 at 13:11:43 PT
anything on Final Oral Arguments in San Francisco 
http://www.thehia.org/news_reports/newsdex.htm
The Hemp Industries Association (HIA) Events
Yoga Expo
September 25 - 28
Los Angeles Convention Center
http://www.yogaexpo.comHemp Harvest Celebration 
September 27th 
Hempola Valley Farms - Barrie, Ontario
(800) 240-9215 
Wagon rides, guided interpretive trail through the hemp fields, musical concerts, arts and crafts, demonstrations and seminars, hemp straw home, hemp food village. http://www.hempola.comCHFA Expo East,
October 16 - 19 - Toronto, ON Canada http://www.chfa.ca 4th Hemp and Eco-Technologies Exhibition
November 7 - 9 • Paris, France
http://www.festival-du-chanvre.com
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Comment #12 posted by Jose Melendez on September 16, 2003 at 04:33:18 PT
Umm, richard?
A: War is crime.B. Mexicans originally owned the land in question.C. We are all from Earth, try channelling that energy into legalization.D. Peace. Librarians, for the most part, are nice people. Sounds like the public phone is not really the issue.
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Comment #11 posted by Richard Paul Zuckerm on September 15, 2003 at 18:10:48 PT:
I HAVE MY OWN LEGAL TROUBLES, NOW!!!
LAWSUIT INVOLVING STOCKING THE LIBRARY WITH MARIHUANA BOOKSI am presently involved in a lawsuit against The Borough of Highland Park. I brought books into the Highland Park Public Library: [1] THAT EVERY MAN BE ARMED: THE EVOLUTION OF A CONSTITUTIONAL RIGHT, by Steven P. Halbrook, Esq.; [2] WAR AT HOME, by Brian Glick, Esq. [about COUNTERINTELLIGENCE PROGRAM by the F.B.I.]; [3] SECRETS: THE CIA'S WAR AT HOME, by the late Angus McKenzie [about Operation MHChaos, the C.I.A. covert action to put newspapers out of business who were reporting against the Vietnam War]; [4] MARIHUANA RECONSIDERED, by Dr. Lester Grinspoon; [5] MARIHUANA: THE FORBIDDEN MEDICINE, by Dr. Lester Grinspoon; [6] OUR RIGHT TO DRUGS: THE CASE FOR A FREE MARKET, by Dr. Thomas S. Szasz, M.D., Professor of Psychiatry Emeritus, Syracuse University; [7] MASTURBATION;  approached the library Director with these books, asked her to obtain the titles of the books from the publishers to stock the library because the government schools do not seem to teach the dark side of government. The library Director became snotty towards me. A few weeks later, I personally delivered a typed administrative complaint about that library Director, to the Borough Administrator as he was walking into Borough Hall to begin his work day. The Borough Administrator sent me a response letter dated November 9, 1998. The Highland Park Public Library, (732) 572-2750, has a policy that we may only use the public pay telephone for up to 3 minutes, even when nobody is waiting to use the phone, even if the caller places more coins into the machine. The library Director got on me to get off the phone, even though nobody was waiting to use the phone! I told her to call the police if she does not like it. 3 Highland Park policemen arrived at the library, demanded my identification, then arrested me for refusal to produce identification, charged me with "obstruction of justice" for the refusal to produce identification, illegal possession of an 8 inch dagger [I forgot to leave it in my Van], and made up a "disorderly conduct" charge. The arrest was on November 23, 1998. I have been convicted of only the "disorderly conduct" charge, the only fabricated charge! I filed papers in the United States Supreme Court, which they filed on or around August 5, 2003, on the single issue of whether my Sixth Amendment Right to a Speedy Trial was violated, because it had taken 26 months to begin municipal court trial and another 8 months to render a verdict [in the form of a letter-opinion by trial municipal court judge E. Ronald Wright, of New Brunswick]. Meanwhile, I filed a lawsuit, within 2 years of the arrest, entitled Richard Paul Zuckerman, Plaintiff, vs. Borough Of Highland Park, et al., Defendants, docket number MID-L-3743-00, presently presided over by Hon. Nicholas J. Stroumtsos, Jr., J.S.C., Middlesex County, Law Division, (General telephone number)(732) 981-3200. About 5 months ago, I found law cases holding a municipal court conviction is INADMISSIBLE in the related civil action, the most recent case being Trisuzzi v. Tabatchnik, 285 N.J.Super. 15, 25, 666 A.2d 543 (App. Div. 1995). By golly, it reminds me of the words of Union County Superior Court Judge John Pisansky, who once stated that I "...know enough about the law to hamper the court system." Actually, I'm merely taking a zero-tolerance to police perjury. I want a jury trial in the state civil rights case, to show them the MANY DISCREPANCIES AND CONTRADICTIONS IN THE POLICE TESTIMONY, sounding in a state constitutional tort of retaliation, for a HUGE PUNITIVE DAMAGES judgment, to give the cops some reality therapy, to send a message to the law enforcement community that the people will not tolerate police perjury!! I want to see those liar pigs squeal!!! This litigation is the only reason why I am still hanging around New Jersey. I am presently reading the recently purchased back issue for $32 of a criminal justice periodical containing a series of articles discussing the pros and cons of whether police should be able to break the law in order to obtain criminal convictions, Volume 2, Number 1, CRIMINOLOGY & Public Policy, November 2002 issue, pages 133-166. Their telephone number to order the issue is (614) 292-9207.I am also reading an amusing book, from Paladin Press, authored by George Hayduke, The Second Amendment Revenge Book, which contains a reference to an asshole anti-gun politician who had 2nd Amendment books removed from library shelves. It was through this book that I learned the definition of the word PEGBOY. I have completed reading 1/3 of the book entitled The Bureau: The Secret History of the F.B.I., by Ronald Kessler. The book talks about F.B.I. Director J. Edgar Hoover having bugged the hotel rooms of Martin Luther King, Jr., that during one orgy, a White woman said to Rev. King: "You shouldn't be doing this. You are a minister." Rev. King replied: "Tonight I'm just a nigger."If you know anybody who is interested in probably the most convincing article about the inside job of September 11, 2001, plane crashes, theN please tell them about the Web article entitled Stranger Than Fiction, www.whatreallyhappened.com/stf1.html? I would very much like all of you to read this Web article!!I'd also like you to read the September 2003 cover article of Harper's Magazine, entitled AGAINST SCHOOL: How Public Education Cripples Our Kids, And Why, by John Taylor Gatto, www.johntaylorgatto.com.I'd like to legalize Hemp to fuel our automobiles, www.HempCar.org, and Cannabis ("Marihuana") for medicine and recreational use.I have contacted Congress to oppose the massive immigration, especially the Mexicans.Richard Paul Zuckerman, Box 159, Metuchen, New Jersey, 08840-0159, (Cell telephone number)(908) 403-6990, richardzuckerman2002 yahoo.com.Diploma in Paralegal, New York University, 2003 [Even though I attended the program in December of 1990, they put a hold on graduation because they said I owed them $222. In Janaury of this year, I visited NYU with the $222, but they could not find the source of the hold and formally graduated me];Diploma in Truck Driving, Smith & Solomon School of Truck Driving, Edison, N.J., 1995;B.A. in Political Science, Kean College of New Jersey [subsequently renamed Kean University], 1987.Member of: www.fromthewilderness.com; www.jpfo.org; www.fija.org; www.njlp.org; www.GreenParty.org; www.normlnj.org; www.norml.org; www.cannabisculture.com; www.hightimes.com; www.aclu-nj.org.Subscriber to the following newsletters not involved with the above Web sites:
[1] New Jersey Militia Newsletter; [2] The Free Press [from Kerrville, Texas]; [3] Taking Aim (Militia Of Montana).
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Comment #10 posted by lilgrasshoppah77 on September 15, 2003 at 14:15:02 PT:
HARDLY SURPRISING
Hemp ha always been the DEA's true target. They are antinature, antihuman fascists, no doubt.
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Comment #9 posted by JR Bob Dobbs on September 15, 2003 at 13:18:07 PT
Go Vancouver!
Vancouver's government-run safe injection site opened its doors today. Radio Canada said they wouldn't be ready to treat addicts until next week, but they opened a week beforehand so that the media frenzy would die down and the addicts could visit in peace.
http://www.cbc.ca/stories/2003/09/15/safe_injection030915
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Comment #8 posted by Arthropod on September 15, 2003 at 13:05:03 PT:
Civil Insurrection
I would love to see the govt. try to assume the master's robes in full view of the public. The truth is they are afraid to. These corrupt politicians know that if they try to turn the US Armed Forces on our own citizens, they would be completely uprooted from their seats. Our Army would never attack it's own citizens, as many of the would realize that they might just kill their own family and friends back home.
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Comment #7 posted by kaptinemo on September 15, 2003 at 11:40:12 PT:
OSam, to answer your question...
I can't say for sure that there is an entire organization within DEA designated solely as 'berserkers' to destroy pro-hemp and pro-cannabis initiatives, but keep something in mind:Being Feds, almost everything they do is heavily planned in advance. All manner of studies, often commissioned via third-party consulting firms like Beltway Bandits, are performed in order to study the feasibility of any project.They don't just wake up one morning and off the top of their head seek to ilegally use the powers of the Federal government to overturn laws in the various States where MMJ is supposed to be legal.The obvious practically screams for attention: The DEA must, perforce, have personnel allocated, if not entirely, then partially, towards such Constitutionally ILLEGAL activities. People on the Fed payroll are receiving taxpayer dollars to try to nullify local democracy. Some faceless bureaucrats are plotting to strip you of your rights. On your time and your dime. Whether this group is hidden under something innocuous sounding (like a 'study group') to hide it from unfriendly regulatory eyes is the question. This is the kind of thing people like Representative Henry Waxman ought to know about.Because this is how civil wars get started; when governments exceed their mandates as servants of the electorate and take on the arrogant mantles of masters.
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Comment #6 posted by goneposthole on September 15, 2003 at 11:34:54 PT
son of a gun
you would think those folks at the DEA would have something better to do like... go look for a job that has a positive impact on others. what a waste.
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Comment #5 posted by OverwhelmSam on September 15, 2003 at 11:00:50 PT:
BRAVO!
Nice to see that we accuse the DEA of misrepresentation and violation of the federal governments own laws.Bravo!
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Comment #4 posted by OverwhelmSam on September 15, 2003 at 10:58:11 PT:
They Come AT Us From All Angles.
Does the DEA have an entire staff devoted to the development of horrific strategies to prevent marijuana legalization? The ban of hemp, the denial of educational assistance to the poor and lower middle class, inordinate sentences for possessing a quantity of marijuana, felony convictions that strip you of your citizenship rights, unwanted or needed referrals to rehabilitation, and still they come.Enough already! Stop it DEA!
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Comment #3 posted by kaptinemo on September 15, 2003 at 10:32:42 PT:
"Final Rule"...ah, don't they wish!
Considering that the DEA has been batting zeros for the last few years in the court of public opinion, for them to continue this fraud at our expense is to invite public inquiry why so much money has been spent on trying to destroy the jobs-creating hemp industry in the US when 3.2 million jobs have been lost in the last 3 years.In an aside: Hitler framed his intent to eliminate European Jewry with his Olympianly titled "Final Solution". Looks like someone has been picking up Nazisms at DEA by osmosis...
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Comment #2 posted by puff_tuff on September 15, 2003 at 09:48:48 PT
Off Topic
Health Canada Government Marijuana Supply is Low Quality WeedLab Tests Reveal Health Canada Government Weed Weak. Government Pot Causes Headaches, Discomfort; Patients Want RefundsSeptember 15th, 2003
Canadians for Safe Access (CSA)
MedicalMarihuana.ca Staffhttp://www.medicalmarihuana.ca/govtpot.html
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Comment #1 posted by E_Johnson on September 15, 2003 at 09:41:36 PT
Better watch out activists
Anything perceived as pro-marijuana activism can and will be held against you in a court of law, should you ever end up there.Calling the DEA paranoid expresses disrespect for law enforcement.Tommy Chong had extra time added to his prison sentence for making movies that disrespected law enforcement. Ask AUSA Karen Houghton about that. It can happen to anyone. We're all at risk now. 
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