Pubdate: Sat, 07 Feb 2004
Source: Santa Cruz Sentinel (CA)
Copyright: 2004 Santa Cruz Sentinel
Contact:  http://www.santacruzsentinel.com/
Details: http://www.mapinc.org/media/394
Note: by Sentinel staff and wire report
Decision: http://www.votehemp.com/PDF/HIAvDEA_9th_final_decision.pdf
Cited: Hemp Industries Association http://www.votehemp.com 
http://www.testpledge.com http://www.hempindustries.org
Bookmark: http://www.mapinc.org/topics/hemp+food

Hemp Ruling Hailed; Court Rules DEA Cannot Regulate Food

Rejecting one front of the government's drug war, a federal appeals
court ruled Friday the United States cannot ban the sale of food made
with natural hemp that contains only trace amounts of the psychoactive
chemical in marijuana.

The decision overturns the Drug Enforcement Administration's ban on
the domestic sale of hemp food products. The 9th U.S. Circuit Court of
Appeals had suspended the prohibition so judges could hear a challenge
from the hemp industry, which has been allowed to sell its products
while awaiting the court's decision.

On Friday, the court said that though the DEA has regulatory authority
over marijuana and synthetically derived tetrahydrocannabinol, or THC,
the agency did not follow the law in asserting authority over hemp
food products, too.

"They cannot regulate naturally-occurring THC not contained within or
derived from marijuana," the court ruled, noting it's not possible to
get high from products with only trace amounts of the mind-altering
chemical.

The Hemp Industries Association, which represents more than 200
companies, had challenged the legality of the ban and applauded
Friday's decision.

"It validates what we've been saying along, that hemp foods have
nothing to do with the drug war," said David Bronner, president of Dr.
Bronner's Magic Soaps and chairman of the HIA food and oil committee.
"Now we can concentrate on marketing a tremendous nutritional product
without the government out there harassing the marketplace."

The DEA was still reviewing the decision Friday and would not comment,
spokesman Bill Grant said. Department of Justice spokesman Charles
Miller said federal lawyers will review to "make a determination about
what the next step should be in near future."

Hemp is an industrial plant related to marijuana. Fiber
from the plant long has been used to make paper, clothing, rope and other
products. Its oil is found in body-care products such as lotion, soap and
cosmetics and in a platter of foods, including energy bars, waffles,
milk-free cheese, veggie burgers and bread.

The popularity of hemp-based foods may not be as high now as a couple
of years ago, but in an area like Santa Cruz County they remain
consistent sellers, area grocers say.

"It's pretty popular in Santa Cruz," said Rich Seibert, general
manager at Staff of Life. "The health benefits are
impressive."

New Leaf Community Market in Felton keeps supplies of such products as
hemp nuts, butter and oil regularly stocked, said Kirsten Farson,
assistant manager.

"They sell consistently, but I think the price is a little more
prohibitive," Farson said.

Both said they have not necessarily been keeping an eye on the case as
it wound through the court system, but agreed the ruling was good news.

Friday's decision is the culmination of a complex case.

In October 2001, the DEA first declared that food products containing
even trace amounts of THC would be banned under the Controlled
Substances Act. The DEA ordered a halt to the production and
distribution of all goods containing THC that were intended for human
consumption.

But in March 2002, just before those products were to be destroyed,
the 9th Circuit suspended that order to decide whether federal law can
classify hemp food as an illegal controlled substance like heroin.

In April 2002, DEA attorney Daniel Dormont argued for the ban, telling
a three-judge appeals panel that "there's no way of knowing" whether
some food made with hemp could get consumers high.

Hemp food sellers say their products are full of nutrition, not drugs.
They say the food contains such a small amount of the active
ingredient in marijuana that it's impossible to feel any drug-like
effects.

In June 2003, the court first overturned the DEA ban after finding the
agency didn't provide enough warning or allow public comment before
imposing it. In that decision, the court did not decide the ban's
legality -- only that the government didn't follow proper bureaucratic
procedure.

But by March 2003, even before the court had made its first ruling,
the DEA had solicited public comment and issued a new ban. It was the
legality of that second ban the appeals court ruled against on Friday.

Hemp industry officials said the decision would likely boost sales
because many retailers had been reluctant to sell hemp products.

"Their ban was a real setback for the industry initially," said Eric
Steenstra, president of the lobbying group Vote Hemp. "But I think
this ruling makes it clear that hemp food is here to stay."

The case is Hemp Industries Association v. Drug Enforcement
Administration, 03-71366. 
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MAP posted-by: Richard Lake