cannabisnews.com: NAFTA Challenge to DEA Hemp Rule Enters New Phase NAFTA Challenge to DEA Hemp Rule Enters New Phase Posted by FoM on March 20, 2002 at 14:57:21 PT Press Release Source: U.S. Newswire Kenex Ltd., a Canadian agro-firm that has been growing and processing hemp oil, seed and fiber products in Canada for distribution throughout the United States for the past five years, will meet with numerous U.S. federal agencies at the U.S. Department of State on Monday, March 25 to review the company's notice of intent to sue the U.S. government under the North American Free Trade Agreement (NAFTA). The meeting will be attended by representatives from the Departments of State, Justice, Treasury, and Commerce, as well as from the Environmental Protection Agency, the Drug Enforcement Administration (DEA), the Office of National Drug Control Policy, the U.S. Customs Service, and the Office of the United States Trade Representative. On Oct. 9, 2001, without public notice or opportunity for comment, the DEA issued an interpretive rule purporting to make hemp foods containing any traces of naturally-occurring tetrahydrocannabinol (THC), the active ingredient found in marijuana, immediately illegal under the Controlled Substances Act (CSA) of 1970. Because trace THC does not pose any potential for abuse as a drug, the U.S. Congress had exempted non-viable hemp seed and oil from control under the CSA in the same place and way as poppy seeds containing harmless trace opiates. Kenex filed the NAFTA action in January because the DEA seeks to effectively prevent Kenex from accessing American markets for its hemp food products. The Government of Canada, in response to the DEA's new rule, stated that, "there is no evidence that the effective ban on relevant Canadian food products on the U.S. market is based on any risk assessment. Therefore, Canada objects to these measures." On March 7, the 9th Circuit Court of Appeals blocked DEA's rule pending their ultimate decision on the case. Sterilized hemp seeds have been available in the U.S. for decades and are recognized as an exceptional source of protein, omega-3 and omega-6 essential fatty acids (EFAs). Independent studies and reviews conducted by foreign governments have confirmed that trace THC found in the increasingly popular hemp foods cannot cause psychoactivity or other health effects, or result in a confirmed positive urine test for marijuana, even when unrealistically high amounts of hemp seed and oil are consumed daily. The 10-year-old global hemp market is a thriving commercial success. Popular hemp foods include pretzels, tortilla chips, energy bars, waffles, bread, salad dressing, cereal, ice cream and even non-dairy milk. Kenex has suffered previously at the hands of DEA's myopic refusal to distinguish between industrial hemp and drug varieties of cannabis. In 1999, U.S. Customs at the behest of DEA impounded a Kenex shipment of hemp birdseed. Customs relinquished the shipment only after an experienced legal team demonstrated that the seizure was not justified by either the law or common sense and the New York Times published an embarrassing expose. Jean Laprise, the president of Kenex states that: "A few million dollars would not even begin to cover the cost of the financial hardships Kenex has suffered through DEA's harassment of our business and the hemp food marketplace in general. Since the DEA's new rule was announced, our U.S. hemp seed and oil sales have virtually ceased. If the DEA is not stopped, we are finished. Tallying our current and future losses, we expect to be compensated at least $20 million under NAFTA." The DEA's attempt to ban hemp food sales in the U.S. is clearly in conflict with NAFTA for several reasons. The DEA did not provide any notice and opportunity to U.S. trading partners or foreign companies to provide input into its ruling; the agency did not conduct a risk assessment or offer any science-based rationale for issuance of the rule; the DEA did not seek to minimize impact on trade; and it has not similarly regulated poppy seeds and their trace opiates. Anita Roddick, an investor in Kenex and founder of The Body Shop, which markets a highly successful line of hemp oil based cosmetics, stated in regard to the DEA's current attempt to sabotage the hemp industry: "The blind prejudice and bloodymindedness of the DEA takes my breath away, especially when its actions are in direct contradiction to Congress. This is one instance when we have to invoke NAFTA. Without its protection, the future is bleak for hemp companies like Kenex." In fact, other similarly affected Canadian hemp companies are considering joining Kenex in filing their own NAFTA actions. Nature's Path Foods, Inc. and Nature's Path Foods USA, Inc., which operate food plants in the U.S. and Canada that produce two of North America's best-selling natural granolas and waffles under their Hemp Plus(r) sub-brands, project losing over $30 million in investments and future revenue, and will have to lay off employees, if the DEA's unreasonable interpretation is not defeated. Nature's Path is currently evaluating its options. NAFTA Challenge to DEA Hemp Rule Enters Next Phase; U.S. State Department to Meet With Hemp Industry Monday. To: National Desk - Contact: Adam Eidinger for VoteHemp.com, 202-986-6186 Visit: http://VoteHemp.com to read the hemp industry's comments to the DEA and other 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). Source: U.S. Newswire Published: March 20, 2002Copyright 2002 U.S. Newswire Website: http://www.usnewswire.com Related Articles & Web Site:FTE's Hemp Linkshttp://freedomtoexhale.com/hls.htmThe Drug Czar's View of Edible Hemphttp://cannabisnews.com/news/thread12235.shtmlManufacturers of Hemp Foods Gear Up for Fight http://cannabisnews.com/news/thread12221.shtmlNinth Circuit Court Blocks DEA Hemp Rule http://cannabisnews.com/news/thread12180.shtml Home Comment Email Register Recent Comments Help Comment #4 posted by The GCW on March 21, 2002 at 15:39:46 PT The war on drugs is taking hit after hit... They are bing bombarded and will not survive much longer. It is time to hit them the hardest with the most Truth you can muster up. Because this prohibition slime is going out and we want to hasten it.The barbaric concept of caging humans for using cannabis is starting to sink in! It's elementary, IT IS WRONG! The masses are more and more accepting that Truth. [ Post Comment ] Comment #3 posted by TroutMask on March 21, 2002 at 06:51:34 PT Required Tactics Yes, the DEA seems pretty stupid for suddenly "interpreting" this law and causing all these problems for themselves. But, in my opinion, they have little choice. Things are going absolutely horribly for them, as far as the War on Drugs' survival and there jobs are concerned. We are having victory after victory which is defeat after defeat for them. They can't just sit there and slowly disappear; they've got to do SOMETHING to fight back. But there is little or NOTHING they can do to fight back that will make sense and/or be accepted by the general public, so what the heck, might as well try to make hemp foods illegal.It's great to watch them writhing...-TM [ Post Comment ] Comment #2 posted by dddd on March 20, 2002 at 20:56:12 PT NAFTA.....(.and an example of straying off topic). ...SHAFTA as Ross Perot called it........It was sleazily snuck into law in a slimy way....It was largely unread by most lawmakers,,,,last minute deals were cut to slip it thru...It was,and is disgustingly scandalous,and fraught with egregious corruptions! ..how nice ,,to see an attempt to use it in a challenge to the dea and their totalitarian drugpig empire....... .....it's too bad though,,,,,, they will find a way to get around it.....No one ,,who is not a huge corporate player,can sway the US monster......Those who disagree too harshly,run the risk of being labeled "Terrorist",,,,or "terrorist connected" ......"funding terrorists"..........No one is safe from being included in the 'terrorist' classification...After all,,No one really knows for sure nowdays,,No one knows who it is that officially decides if a person is a "terrorist",,but we do know,that it would be really easy to find something in the PATRIOT act that could make ANYONE a "terrorist"!...furthermore,,,dont forget,,that it was your own US government that is running primetime TV ads,,nationally,,that suggest all people who buy drugs are paying for terrorism!...It Aint Pretty,,, and the funny thing is,,that the term "Jewish terrorist" is rarely heard ........I'm sure it has something to do with the WWII Natzi persecution of Jewish people,,,as if Jewish people were somehow incapable of terrorizing,,because they had been terrorized in the past..............(I am sort of a Jew,,so dont think I'm anti-Jew).......dddd [ Post Comment ] Comment #1 posted by mayan on March 20, 2002 at 18:33:39 PT Poor Tactics The Feds should have laid low like during the Klinton regime. Now they have given hemp-foods much publicity & exposed their own ludicrous argument at the sime time. What a bunch of dolts! It's kinda like the DEA raids on the cannabis clubs in California & the voters ousting all of the antis in the primaries...they've shot themselves in the foot. You can't help but question their tactics. It makes you wonder how these bozos got jobs at all! With enemies like them, who needs friends? [ Post Comment ] Post Comment