Hemp Food Industry Predicts Major Victory 

Hemp Food Industry Predicts Major Victory 
Posted by CN Staff on September 29, 2003 at 13:59:38 PT
Press Release
Source: U.S. Newswire
San Francisco -- The Hemp Industries Association (HIA), representing over 200 hemp companies in North America, is predicting victory in a major legal battle to prevent the Drug Enforcement Administration (DEA) from banning nutritious hemp foods such as waffles, bread, cereal and snack bars. A decision in HIA v. DEA is expected within six months. "Retailers and manufacturers of hemp foods should be confident that we will win this case," says David Bronner, a board member of both the HIA and Vote Hemp, and Chair of the HIA Food and Oil Committee.
"The three judge panel seemed in agreement over our main argument that the DEA's 'Final Rule' ignores Congress' specific exemption in the Controlled Substances Act (CSA) under the definition of marihuana that excludes hemp seed and stalk from control. Based on the questions posed to the DEA, it appears the court reasonably views trace insignificant amounts of THC in hemp seed in the same way as it sees trace amounts of opiates in poppy seeds," says Bronner.During the final oral arguments held in San Francisco on Sept. 17, the HIA argued that the DEA's "Final Rule" banning nutritious hemp foods misinterprets the CSA. While the Court challenged HIA attorney Joe Sandler over how the DEA could or could not control a hypothetical plant containing trace THC in the Amazon rainforest, the judges were completely unconvinced by DEA attorney Daniel Dormont's arguments that Congress did not exempt hemp seed from the CSA even if the seed contains tiny insignificant amounts of naturally-occurring THC. According to the hearing transcript available at: Dormont was read back the section of the CSA dealing with the hemp seed exemption on three occasions by Judge Alex Kozinski. By the third occasion, a frustrated Kozinski stated "... I tried to say it once before. What this tells me is Congress knew full well that stalks and seeds and fiber could be carriers of some level of tetrahydrocannabinol (THC). They were aware of that. Nevertheless, it said unless you do the extracting part they are not marihuana under the definition. That is what it says to me." Near the end of the DEA's arguments, Judge Kozinski asked Dormont "Can you tell me how you are going to save the (poppy seed) bagel?" The question drew laughter from the packed courtroom, but is a serious issue considering that the irrational logic behind the DEA's attempted hemp food ban could easily be applied to poppy seed bagels. Even the DEA acknowledged that hemp foods have no abuse potential, stating "The concern of the Drug Enforcement Administration isn't particularized to the particular products that these Petitioners make. The DEA has never said, has never focused on the particular products and said anyone can get high from them, or that they pose a harm to people." In regards to widespread outrage over the DEA's "Final Rule" - 115,000 public comments and a letter from Congress co-signed by 22 Representatives submitted to DEA opposed to the hemp food ban -- Chief Judge Mary Schroeder asked the DEA: "Did you take into account the objections of people who might say that this doesn't make a lot of sense?" Dormont admitted the rule "wasn't popular."Due to a Court-ordered stay of the DEA's "Final Rule," hemp foods remain perfectly legal to import, sell and consume while the Court considers arguments and renders a decision. "A positive decision by the Court will dramatically improve the demand for hemp foods due to hemp seed's phenomenal omega-3 content and well-balanced protein," says Bronner. 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 permanently invalidated the "Interpretative Rule." On March 28, 2003 the HIA petitioned the Ninth Circuit to again prevent the DEA from ending the legal sale of hemp seed and oil products in the U.S., and on April 16, 2003 the Ninth Circuit issued a stay of the DEA's "Final Rule."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: 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 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.Please visit: -- to read scientific studies of hemp foods and see court documents.For more information or to arrange interviews with representatives of the hemp industry, please call Adam Eidinger at 202-986-6186 or 202-744-2671 (cell).Contact: Adam Eidinger, 202-744-2671 (Mobile), for the Hemp Industries Association Web site: Title: Hemp Food Industry Predicts Major Victory in Federal Court; Judge to DEA: 'Can You Tell Me How You Are Going to Save the Bagel?'Source: U.S. NewswirePublished: September 29, 2003Copyright 2003 U.S. Newswire Website: Contact: Articles:Hemp Food Industry Battles DEA in Federal Court Set To Battle Pot Advocates Over Hemp Use Declares a Haven for Hemp
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Comment #11 posted by kaptinemo on September 30, 2003 at 10:49:50 PT:
Of course, it's a cult
What else would you call a group of people, brought together for common purpose, who have a catechism and dogma and all the rest, who wildly and monomaniacally assert at every opportunity that they possess The Truth About Marijuana! which has been proven false any number of times.They have their sacred fetishes (badges, guns, various other toys) their raiments (camouflage uniforms, body armor, etc.), their holy monuments (their Wall of Honor), their temples (the Holiest of Holies being, of course, DEA HQ) and their canonized, sainted heroes and martyrs. They rail against anyone not sufficiently pious and are more than happy to engage in scapegoating the heretics, even after they have done yeoman service for them, because they dared to stray outside of orthodoxy. And they are INTENSLY suspicious of 'outsiders' and those 'not of my tribe'.Cultish behavior? You betcha.
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Comment #10 posted by charmed quark on September 29, 2003 at 18:30:32 PT
Yeah- but they still pulled the hemp seeds
I was using "hemp nuts" as an omega-3 source. I don't like flax (linseed), the other common souce of vegetable omega-3. But my local health food store has stopped carrying hemp foods, saying they were worried about havng to pull stock again because of all the different DEA actions. They know they're legal, they just don't want the hassle and money lose everytime they have the pull the products.Yea DEA, not.-Pete
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Comment #9 posted by E_Johnson on September 29, 2003 at 18:09:03 PT
You ain't seen nothing yet
I'm about to start a novel and comment #1 is just part of the warmup. I'm at the start of a year and a half long 300 page rant, hopefully with an interesting plot and some decent sales value. There will be a DEA cowboy cult circus, a couple of helicopter crashes, a bit of theoretical physics, some porn stars, Hollywood stars, medical marijuana stars, the Soviets in Afghanistan, Pontius Pilate, Mary Magdalene, Jesus Christ, the Holy Virgin and the Devil.
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Comment #8 posted by The GCW on September 29, 2003 at 17:25:35 PT
Exterminating hemp isagainst Christ God Our Father
I've been watching for news about this issue. Hemp seed also has gamma linolenic acid (GLA).The judge is making the DEA out to be an ignorant circus act.
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Comment #7 posted by Virgil on September 29, 2003 at 17:17:06 PT
Prohibitionists as a church and cult
Two of the best pieces written this year concern the discussion of prohibition as a church and cult. The favorite commentary I have ever read by RC at talked about prohibitionists as a cult- CEDRO from Holland had a similar article and just as excellent as RC's April 4th commentary. It appeared at
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Comment #6 posted by Had Enough on September 29, 2003 at 16:32:37 PT
Comment # 1
Comment # 1 says it all. Can't add to that. Thanks EJ. Still holding sides from laughing (even though this is far from a laughing matter), might have to call paramedics.
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Comment #5 posted by Richard Paul Zuckerm on September 29, 2003 at 16:28:25 PT:
The other day, I received the California NORML newsletter in the mail. The newsletter mentions that the 9th Circuit has pending an appeal of a medical marijuana case. I hope to God the 9th Circuit respects the need of patients in need of medicine and the right to operate a business with Hemp!
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Comment #4 posted by FoM on September 29, 2003 at 15:13:57 PT
Thanks JR
Thank you for posting the information from MPP.
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Comment #3 posted by JR Bob Dobbs on September 29, 2003 at 15:07:17 PT
From MPP's mailing list
TO:   Opponents of the federal government's current anti-drug media campaignFROM:  Steve Fox, director of government relationsDATE:  Monday, September 29, 2003SUBJECT: Immediate action is needed to prevent the U.S. House of Representatives from approving $1 billion for the drug czar's media campaignTomorrow, Tuesday, September 30, the U.S. House of Representatives is scheduled to vote on the Office of National Drug Control Policy (ONDCP) Reauthorization Act of 2003. This bill authorizes the drug czar to spend more than $1 billion dollars over the next five years for the continued funding of the National Youth Anti-Drug Media Campaign. If you do not call your U.S. representative immediately, this bill -- along with the media campaign funding -- will almost certainly be approved.Please call your U.S. representative toll-free by using the Capitol Switchboard at 800-839-5276. This switchboard operates 24 hours a day. So if you are inspired to call after normal business hours in D.C., the operator will transfer you to your representative's office and you can leave a voice mail message. Of course, calling during business hours would be preferable, if possible.Here is a sample script for you to use when you call:"Hello, my name is ________________ and I live in ________________. I am calling to urge Representative __________________ to oppose the ONDCP Reauthorization Act. I do not believe that the federal government should be spending an additional one billion dollars on the anti-drug media campaign when it is actually causing an increase in teen drug use. I will be watching to see how Representative __________________ votes on H.R. 2086. Thank you."If you are not certain who your U.S. representative is, go to , enter your state and zip code (your five-digit zip should work), and click the "Contact My Representative" button. The name of your representative should appear on the next page.The National Youth Anti-Drug Media Campaign has been a staggering failure. Not only is it ineffective, but it is actually leading to increased drug use among teens. The most recent PRIDE Survey, which measures youth illegal drug use and was released on September 3, reported a dramatic (51%) rise in past-month marijuana use among junior high students and a slight increase in past-month marijuana use by senior high students. More distressingly, the PRIDE Survey also reported similar increases in past-month cocaine and heroin use among all students surveyed (up 40% and 50%, respectively).Until our government is prepared to produce serious ads that provide honest information about harm reduction, this media campaign must be ended. Thank you for taking action to help accomplish this goal.
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Comment #2 posted by BigDawg on September 29, 2003 at 14:45:59 PT
How ashamed can one get...
 >...the U.S. is the only major industrialized nation to prohibit the growing of industrial hemp.(Hangs head in shame)
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Comment #1 posted by E_Johnson on September 29, 2003 at 14:30:23 PT
Is the DEA some kind of weird cult?
Their vendetta against the plant cannabis seems to escape the boundaries of what one might expect from ordinary bureaucratic financial self-interest into the realm of some wild modern cowboy cult that worships at the altar of some lurid atavistic idol.
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