For Immediate Release
June 7, 2004
CONTACT: Adam Eidinger 202-232-8997,
Ninth Circuit Court of Appeals
Will Consider Rehearing on Hemp Food Decision
Clock Stops on Bush Administration for Filing
to the Supreme Court until Ninth Circuit Rules
WASHINGTON, DC —
Manufacturers of hemp food products who won their 2
1/2-year old court battle on February 6 to keep hemp
foods legal to consume are waiting for the U.S. Court
of Appeals for the Ninth Circuit to consider the possibility
of giving the Drug Enforcement Administration an En
Banc hearing. The decision late last week to consider
a rehearing stops the clock on a July 5th deadline for
the Bush Administration to appeal to the Supreme Court
in HIA v. DEA. If the Ninth Circuit turns down the DEA's
request for a rehearing, the Bush Administration will
then have another 90 days to appeal to the Supreme Court.
The DEA's petition for a Writ of Certiorari to the Supreme
Court was due by May 6th, but the deadline was extended
for a second time by the Supreme Court until July 5th
last week per the request of Solicitor General Theodore
Olson. See http://www.supremecourtus.gov/docket/03a878.htm.
The July 5th deadline is now irrelevant because the
case is still being considered in the lower court.
"Manufacturers of healthy foods containing
omega-3 rich hemp nut and oil are confident that the
DEA cannot win a rehearing in the Ninth Circuit,"
says David Bronner, Chair of the Hemp Industries Association's
(HIA) Food and Oil Committee and President of Dr. Bronner's
Magic Soaps. "The three-judge panel in the Ninth
Circuit unanimously ruled that the DEA ignored the specific
Congressional exemption in the Controlled Substances
Act (CSA) that excludes hemp fiber, seed and oil from
control along with poppy seeds. The Court reasonably
viewed as insignificant and irrelevant harmless trace
amounts of THC in hemp seed, just like harmless trace
amounts of opiates in poppy seeds," says Bronner.
Fighting the DEA's attempted ban has thus
far cost leading hemp companies over $200,000. Nevertheless
the industry is prepared to spend additional resources
to fight all DEA appeals. "The public and media
should question the DEA's waste of tax dollars in trying
to crush the legitimate hemp food industry," says
Eric Steenstra, President of Vote Hemp.
Hemp Foods are Safe and Nutritious
— DEA Rules Were Ridiculous!
Hemp seed is one of the most perfect nutritional
resources in all of nature. In addition to its excellent
flavor profile, the seed meat protein supplies all essential
amino acids in an easily digestible form and with a
high protein efficiency ratio. But most importantly,
hemp seed and oil offer high concentrations of the two
essential fatty acids (EFAs) in a perfect ratio of the
omega-3/omega-6 acids. EFA's are the "good fats"
that doctors recommend as part of a healthy, balanced
diet. This superior nutritional profile makes hemp nut
(shelled seed) and oil ideal for a wide range of functional
food applications and as an effective fatty acid supplement.
Not surprisingly, hemp nut and oil are increasingly
used in natural food products, such as breads, frozen
waffles, cereals, nutrition bars, meatless burgers and
Eating Hemp Food Does Not Interfere
with Workplace 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 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. Unfortunately, because
of their paranoia DEA has confused non-psychoactive
industrial hemp varieties of cannabis with psychoactive
varieties, and thus the U.S. is the only major industrialized
nation to prohibit the growing 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 202-232-8997.