| For Immediate Release
March 28, 2003
Contact Adam Eidinger / Mintwood
Media at (202) 986-6186
DEA FINAL RULE ON HEMP FOODS CHALLENGED
Stay on DEA Rule Continues
Hemp Industry Confident DEA Harassment to End Soon
SAN FRANCISCO, CA — U.S.
COURT of APPEALS for the NINTH CIRCUIT —
On March 21, while most Americans were captivated by
the U.S. led invasion of Iraq, the Drug Enforcement
Administration (DEA) published their final rules on
hemp foods. The new "Final
Rule” essentially bans the sale of all hemp
food products by April 21, 2003 and is virtually identical
to an "Interpretive
Rule” issued on October 9, 2001 that never
went into effect because of a U.S. Court of Appeals
for the Ninth Circuit Stay
issued on March 7, 2002. Today, the Hemp
Industries Association and several hemp food and
cosmetic manufactures will petition the Ninth Circuit
to once again prevent the DEA from ending the legal
sale of hemp seed and oil in the U.S.
"The DEA’s charade of supposedly
protecting the public from safe and nutritious hemp
food is finally going to end,” says David Bronner,
Chairman of the Hemp Industry Association’s Food
and Oil Committee. "The court is currently hearing
a substantive challenge to the "Interpretive Rule,”
and in light of the announcement of the "Final
Rule,” the hemp industry is optimistic that the
Court will ultimately invalidate the 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,” adds Bronner.
Background on the DEA Hemp Food
Fight
Because trace infinitesimal THC (an active ingredient
in marijuana) in hemp seed is non-psychoactive and insignificant,
the U.S. Congress exempted non-viable hemp seed and
oil from control under the Controlled Substances Act
(CSA) (see 21
U.S.C. §802(16)), just as Congress exempted
poppy seeds from the CSA, although they contain
trace opiates otherwise subject to control. 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, frozen
waffles, 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 $6
million in retail sales.
DEA attempts to ban hemp foods prompted
a major public outcry. Over 115,000
public comments were submitted to the DEA against
banning hemp food. On December 4, 2001, Vote Hemp, working
with students, nutritionists, and hemp manufacturers,
organized the first ever "DEA Taste Tests”
at DEA offices and natural food stores in 76 cities
around the country to educate the public. In 2002, 22
members of Congress wrote the DEA telling the agency
that their "Interpretive Rule” that bans
edible hemp seed or oil items that contain "any
THC” is "overly restrictive.”
Unlike the U.S., other Western countries
(such as Canada, Germany and 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
http://www.TestPledge.com).
The 10-year-old 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 and processing of industrial
hemp.
Visit www.VoteHemp.com to read court
documents and numerous scientific
studies concerning hemp foods. For more information
or to arrange interviews with representatives of the
hemp industry, please call Adam Eidinger at 202-986-6186.
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