WASHINGTON, DC — Kenex Ltd., a Canadian firm exporting industrial hemp products to the U.S. for the past five years, filed its NAFTA Notice of Arbitration with the U.S. State Department on August 2nd. Kenex and the U.S. will select a three-member arbitration panel to determine if at least $20 million compensation is due to Kenex for losses stemming from the DEA’s attempt to ban hemp seed foods.

“We met with the U.S. government in March in the hope of avoiding a protracted trade dispute, but the Bush administration failed to recognize that Kenex’s products are legal under current law,” says Joe Sandler, a Kenex attorney. “Our client has no choice but to seek compensation under NAFTA.”

The U.S. is the only major industrialized nation to prohibit the growing of industrial hemp. However, the U.S. is the number one importer and consumer of hemp products, including hemp foods. Hemp seed is an exceptional source of protein, omega-3 and omega-6 essential fatty acids, and independent studies and reviews conducted by foreign governments have confirmed that the trace tetrahydrocannabinol (THC) found in the hemp seed and oil 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 (see http://www.TestPledge.com). Popular hemp foods include waffles, bread, cereal, snack foods, energy bars, ice cream and non-dairy milk.

Three years ago, on August 9, 1999, U.S. Customs at the behest of the DEA impounded a Kenex hemp birdseed shipment, issued recalls on other shipments, and threatened Kenex with over $500,000 in fines. The DEA attempted to justify the birdseed seizure by its then secretive unwritten “Zero-THC Policy” that deems hemp seed containing any traces of naturally-occurring THC, no matter how insignificant, illegal. This policy contradicts the 1970 Controlled Substances Act (CSA), in which Congress specifically exempts sterilized hemp seed and oil from control notwithstanding trace amounts of THC, just as poppy seeds which contain trace amounts of opiates are exempted by Congress from the CSA under the definition of the “opium poppy.”

The hemp exemption in the CSA was enacted under the definition of “marihuana” in the 1937 Marihuana Tax Act originally, and coincidentally, Aug. 2nd is the 65th anniversary of the Congressional exemption for legitimate industrial hemp products such as Kenex’s. But according to the DEA, Kenex’s birdseed was a Schedule I controlled substance because of miniscule insignificant trace amounts of naturally-occurring THC. Customs eventually released the shipment and dropped the case after finding that the DEA lacked authority for its “Zero-THC Policy.” By this time, however, Kenex had lost most of its major customers as well as a major investor, and was financially devastated.

In March 2000, the U.S. Department of Justice confirmed that the DEA lacked authority to implement a “Zero-THC Policy” because of the Congressional hemp exemption. In an effort to circumvent that ruling without public notice or comment, the DEA issued an “Interpretive Rule” on October 9, 2001 that effectively established its “Zero-THC Policy” on that date. The hemp industry, including Kenex, took the DEA to court, and on March 7, 2002, the 9th Circuit Court of Appeals blocked DEA’s rule pending the forthcoming decision on the case, and hemp foods remain perfectly legal to import, sell and consume.

The DEA’s attempt to ban hemp food sales in the U.S. is a clear violation of NAFTA. Hemp is a recognized commodity of trade under both NAFTA and WTO; the DEA did not provide any notice and opportunity to U.S. trading partners or foreign companies to provide input into its ruling; the U.S. 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. The Government of Canada, in response to the DEA’s new rule, stated that, “In reviewing the interim rule there is no evidence that the effective ban on relevant Canadian food products in the U.S. market is based on any risk assessment. Therefore, Canada objects to these measures.”

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Vote Hemp is a national non-profit organization dedicated to the acceptance of and a free market for industrial hemp and to changes in current law to allow U.S. farmers to once again grow hemp commercially. 

SAN FRANCISCO, CA — U.S. COURT of APPEALS for the NINTH CIRCUIT —Lawyers representing the Hemp Industries Association (HIA) argued before the 9th Circuit Court of Appeals last week that the Drug Enforcement Administration’s (DEA’s) attempt to ban nutritious hemp foods misinterprets the Controlled Substances Act and violates the Administrative Procedures Act. The case will now be reviewed by the three-judge panel, and a final decision is expected anytime within the next three to nine months. In the meantime, hemp foods will remain on stores shelves due to the Court’s stay of the DEA rule issued on March 7, 2002. David Bronner, Chair of the HIA’s Food and Oil Committee, stated: “Hemp food companies are focused on promoting hemp seed’s exceptional nutritional profile and continuing the phenomenal market growth for their products. We’re confident that the Court will permanently invalidate the DEA’s rule.”

The hemp fiber sector of the industrial hemp market has not been affected by the DEA’s recent actions and likewise continues to expand rapidly into the mainstream consumer market. This week, Living Tree Paper Company of Eugene, Oregon will begin selling reams of Vanguard Recycled Plus, a 90% post-consumer waste, 10% hemp/flax paper, in over 1,000 Staples super stores. With this move, Staples, Inc., a Massachusetts-based, $11-billion retailer of office supplies, joins over 40 Fortune 500 companies who have pledged to phase out virgin-wood papers and introduce environmental alternatives. A leader in developing non-wood and post-consumer waste papers since 1995, Living Tree Paper Company supplies clients such as Mitsubishi, Nike and Patagonia.

“Ten years ago it was virtually impossible to find hemp paper on store shelves. Now hemp paper is available in over 1,000 office super stores,” says Eric Steenstra, President of Vote Hemp. “Living Tree Paper Company’s success in penetrating the mainstream consumer market will mean fewer trees are cut down to make paper and the demand for hemp fiber will continue to expand. We urge anyone concerned about preserving our forests to buy hemp paper and tell a friend.”

Despite the increased use of hemp in products ranging from paper to car parts to ice cream, U.S. farmers will not benefit because the federal government does not permit non-psychoactive industrial hemp cultivation. In fact, the over $150 million a year worth of hemp products sold in the United States are made mostly from hemp imported from Canada, Europe and China. However, fourteen states have passed hemp legislation, demonstrating hemp’s legitimacy as an agro-industrial crop. The first hemp bill was introduced in Colorado in 1995 and more than 25 states have since considered industrial hemp legislation. Recently, West Virginia’s governor signed into law a bill to allow hemp cultivation, and Hawaii’s governor is expected to sign legislation that will extend for 5 years the one-acre hemp test plot research program in that state. To view a list of state actions on industrial hemp, please visit: https://www.votehemp.com/legislation.html.

Background on the Hemp Food Issue

The hemp food issue erupted on October 9, 2001 when the DEA issued an “Interpretive Rule” purporting to make hemp foods containing harmless infinitesimal traces of naturally-occurring THC immediately illegal under the Controlled Substances Act (CSA) of 1970. Because trace infinitesimal THC in hemp seed is non-psychoactive and insignificant, the U.S. Congress exempted non-viable hemp seed and oil from control under the CSA, just as Congress exempted poppy seeds from the CSA, although they contain trace opiates otherwise subject to control. Retailers have been reassured that hemp food products should remain on the shelves with the Court’s Stay in effect and expected invalidation of the DEA’s rule.

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 drug test for marijuana, even when unrealistically large amounts of hemp seed and oil are consumed daily. Hemp seeds and oil are as likely to be “abused” as poppy seed bagels for their trace opiate content, or fruit juices for their trace alcohol content. Yet, the DEA has not tried to ban poppy seed bagels despite their trace opiates that have interfered with workplace drug testing, unlike hemp foods.

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Vote Hemp is a national non-profit organization dedicated to the acceptance of and a free market for industrial hemp and to changes in current law to allow U.S. farmers to once again grow hemp commercially. 

WASHINGTON, DC – 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, 2002 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 October 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 in 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 rulepending 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 the 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 the 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 bloody-mindedness 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® sub-brands, project losing over $30 million in investments and future revenue, and will have to lay off some employees, if the DEA’s unreasonable interpretation is not defeated. Nature’s Path is currently evaluating its options.

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Vote Hemp is a national non-profit organization dedicated to the acceptance of and a free market for industrial hemp and to changes in current law to allow U.S. farmers to once again grow hemp commercially. 

SAN FRANCISCO, CA — U.S. COURT of APPEALS for the NINTH CIRCUIT — Late yesterday the Court granted the hemp industry’s Motion to Stay the U.S. Drug Enforcement Administration’s (DEA’s) “Interpretive Rule,” which was issued October 9, 2001 without public notice or opportunity for comment and would have banned the sale of nutritious hemp foods containing harmless trace amounts of naturally-occurring THC under the Controlled Substances Act (CSA) of 1970. Just this week the industry had learned that the Ninth Circuit’s Motions panel had referred the industry’s Motion to Stay to the Merits panel, who had in turn scheduled expedited oral arguments for April 8. Due to this turn of events, the industry had not expected that a ruling would be forthcoming on their Motion to Stay and was happily surprised to learn that the motion had been granted.

The Motion to Stay was brought jointly by the Hemp Industries Association (HIA) and several major hemp food companies in the U.S. and Canada. The court is currently hearing a substantive challenge to the interpretive rule, and in light of today’s ruling, 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.

Because trace infinitesimal THC in hemp seed is non-psychoactive and insignificant, the U.S. Congress exempted non-viable hemp seed and oil from control under the CSA, just as Congress exempted poppy seeds from the CSA, although they contain trace opiates otherwise subject to control. The hemp industry is assuring retailers and consumers that hemp food products should continue to be stocked, sold and consumed. Joe Sandler, counsel for the HIA, stated: “The Court’s order effectively prevents the DEA from enforcing its Interpretive Rule‚ until a final ruling by the Court on the validity of the DEA’s action. With this stay in effect, all those who sell, import, manufacture, distribute and retail edible hemp oil and seed, and oil and seed products, can continue those activities secure in the knowledge that such products remain perfectly lawful.”

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, 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 $5 million in retail sales.

The court ruling allows the hemp foods industry segment to continue its phenomenal expansion. 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 “marijuana” varieties, the U.S. is the only major industrialized nation to prohibit the growing of industrial hemp.

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Vote Hemp is a national non-profit organization dedicated to the acceptance of and a free market for industrial hemp and to changes in current law to allow U.S. farmers to once again grow hemp commercially. 

CAPITOL HILL, WASHINGTON, DC — In a letter sent to the Drug Enforcement Administration (DEA) today, 22 members of Congress told the agency that their new “Interpretive Rule” that bans edible hemp seed or oil items that contain “any THC” is “overly restrictive.” The letter also urged the DEA to “establish realistic standards which take into account current testing technologies and better define trace levels of THC which are permissible for human use.”

Dozens of hemp food manufacturers filed suit last fall to challenge the DEA’s interpretive rule issued on October 9, 2001. The Controlled Substances Act (see 21 U.S.C. §802(16)) exempts hemp seed and oil for human consumption, just like the poppy seed (which contains trace opiates and is commonly consumed on bagels). As a result of remarkable public and court pressure (the DEA received over 115,000 comments in support of hemp products), the DEA extended the “grace period” for disposal of THC-containing hemp food products through March 18, 2002.

Earlier this week, the Court decided not to rule on whether to Stay the DEA’s rule pending ultimate resolution of the case, but rather to expedite the entire case in response to hemp companies filing a Motion to Stay the DEA rule. Attorneys representing the hemp companies will appear before the Court on April 8, 2002 in San Francisco to make oral arguments.

“Members of Congress from every state have heard from upset constituents telling them that the DEA has misinterpreted the law that exempts highly nutritious hemp seed and oil from the DEA’s control,” says Eric Steenstra, President of Vote Hemp, a grassroots organization dedicated to the re-commercialization of industrial hemp. “Today’s letter is evidence that members of Congress are responding positively to our grassroots efforts,” says Steenstra.

The letter was signed by Representatives George Miller (D-CA), Ron Paul (R-TX), John Conyers (D-MI), Connie Morella (R-MD), Martin Sabo (D-MN), Peter DeFazio (D-OR), Lynn Woolsey (D-CA), Nick Rahall (D-WV), Dana Rohrabacher (R-CA), Cynthia McKinney (D-GA), Pete Stark (D-CA), Robert Andrews (D-NJ), Sam Farr (D-CA), Earl Blumenauer (D-OR), Tammy Baldwin (D-WI), Barney Frank (D-MA), Mike Thompson (D-CA), Lynn Rivers (D-MI), William Clay (D-MO), Jim McDermott (D-WA) and Jerrold Nadler (D-NY).
Rep. Maurice Hinchey (D-NY) sent his own letter to DEA opposing the rule.

Signers of the letter assert, “The Department of Justice shares our position that legitimate hemp food products are safe and legal under current law.” They cite a letter sent to the DEA Administrator dated March 23, 2000, from the Chief of the Narcotic and Dangerous Drug Section of the U.S. Department of Justice, which concluded that the CSA is clear in allowing for the importation of hemp products. (Visit http://www.VoteHemp.com/legal_cases_DEA.html to review the letter and other documents related to the case.)

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 must eat. 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, 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 $5 million in retail sales. Companies who ship hemp seed and oil to the U.S. market do not detect any THC in their products, and intend along with major U.S. manufacturers and natural market retail chains to continue to sell hemp foods after March 18th.

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Vote Hemp is a national non-profit organization dedicated to the acceptance of and a free market for industrial hemp and to changes in current law to allow U.S. farmers to once again grow hemp commercially. 

ARLINGTON, VA — The Drug Enforcement Administration (DEA) received over 115,000 public comments from hemp food and body care consumers and manufacturers opposing their attempt to ban hemp seed and oil products which contain infinitesimal trace residual THC (much like poppy seeds on bagels contain trace opiates). The Body Shop collected most of the comments at their 300 stores nationwide, and Vote Hemp generated approximately 5,000 comments through their website since the new DEA “Interpretive Rule” on hemp food was announced October 9, 2001. Numerous members of Congress and state legislatures have also sent comments to the DEA critical of the new rule.

“The DEA has no public support for the new hemp food rule,” says Eric Steenstra, President of Vote Hemp. “After examining the public comments, it is clear that the DEA is out of touch with the general public which is informed about the compelling nutritional and legal arguments in support of healthy hemp food products.”

The DEA handed a temporary victory to the multimillion-dollar hemp food industry on February 7, one day after the deadline for disposing of hemp foods expired, in response to an Emergency Motion filed by the hemp industry. The DEA told the U.S. Court of Appeals for the Ninth Circuit that they will extend the “grace period” for disposing hemp food products by 40 days until March 18, reassuring retailers stocking and selling hemp food products that the DEA would not commence enforcement action until the Court rules on the hemp industry’s original “Urgent Motion to Stay.” Ultimately, the hemp food industry expects to prevail against the DEA’s attempt to ban hemp foods because Congress explicitly exempted nutritious hemp seed and oil from the Controlled Substances Act (CSA, see 21 U.S.C. §802(16)), and the trace infinitesimal residual THC in hemp seed and oil is not psychoactive and does not interfere with workplace drug-testing (see http://www.TestPledge.com).

Students Arrested For Distributing Hemp Foods Expected to Win Case Today

In a separate criminal case, students from Syracuse University arrested for “marijuana” possession while handing out healthy hemp seed tortilla chips and nutrition bars in protest of the DEA’s rule are expected to have their charges thrown out today because a court-ordered lab test of the hemp foods has confirmed that the infinitesimal trace THC in hemp food products is undetectable and cannot be considered a controlled substance. The students, members of Students for Sensible Drug Policy, participated in the nationwide “DEA Taste Test” on December 4, 2001 in which hemp enthusiasts handed out free hemp food samples outside DEA offices in 76 cities. The three students who were charged are considering a false arrest lawsuit because they repeatedly warned the police officers prior to their arrest that the hemp foods they were giving away are legal nutritious foods sold in natural foods stores throughout the U.S. and have nothing to do with marijuana.

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 which doctors traditionally have recommended eating fish and flax to obtain. Thus, hemp seed and oil are increasingly incorporated as ingredients in a myriad of natural foods to boost their nutritional profile. U.S. companies are currently manufacturing cereals, waffles, pretzels, chips, salad dressings, breads and granola bars, among other products, that contain hemp seed or oil. The 10-year-old global hemp market is a thriving commercial success. Unfortunately, because the DEA’s Drug-War paranoia has confounded biologically distinct non-psychoactive industrial hemp varieties of cannabis with psychoactive marijuana varieties, the U.S. is the only major industrialized nation to prohibit the growing of industrial hemp.

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Vote Hemp is a national non-profit organization dedicated to the acceptance of and a free market for industrial hemp and to changes in current law to allow U.S. farmers to once again grow hemp commercially. 

ARLINGTON, VA — The Drug Enforcement Administration (DEA) handed a victory to the multimillion-dollar hemp food industry last night when they told the U.S. Court of Appeals for the Ninth Circuit that they will extend the “grace period” for hemp food products that contain “any THC.” The extension reassures retailers stocking and selling hemp food products that, for the next 40 days, the DEA will not commence enforcement action. Ultimately, the hemp food industry expects to prevail against the DEA’s attempt to ban hemp foods because Congress exempted nutritious hemp seed and oil from regulation (see 21 U.S.C. §802(16)), and the trace infinitesimal THC in hemp seed and oil is not psychoactive and does not interfere with workplace drug-testing (see http://www.TestPledge.com).

Lawyers representing the Hemp Industries Association (HIA) and several major hemp food companies went to court Wednesday when it was apparent the DEA intended to enforce its October 9th “Interpretive Rule” banning foods with “any THC.” The DEA told Whole Foods, the largest natural foods supermarket chain in the U.S., to remove hemp food products from store shelves even though there is no detectable THC in the hemp seed and oil under the official Health Canada protocol.

In a letter sent yesterday to the Court of Appeals, Daniel Dormont, Senior Attorney for the DEA, wrote, “It is my understanding that the Court of Appeals wishes to know whether the Drug Enforcement Administration (DEA) was planning to commence enforcement action while the petitioners’ motion for a stay is pending, given that the grace period published in the interim rule ended yesterday (February 6). In view of the Court’s inquiry, the DEA will extend the grace period for an additional 40 days, through March 18, 2002. As we discussed, this should allow the Court to rule on the motion prior to the expiration of the grace period.”

“We’re pleased that the DEA backed off from enforcement while the Court takes a hard look at a rule we know is arbitrary and misguided,” says Eric Steenstra, President of Vote Hemp.

Hemp manufacturers are pleased that hemp foods will stay on store shelves and expect to ultimately prevail in court. Environmental activist Woody Harrelson, who has invested over $200,000 in developing a non-dairy “hemp milk” through his company Tierra Madre, said “The DEA is a rogue agency distorting the law to destroy the livelihoods of hardworking Americans who have built a natural and sustainable industry.” (Non-dairy milk is one of the largest and fastest-growing segments of the natural food marketplace.)

Hemp seed has a well-balanced protein content and the highest content of essential fatty acids (EFA’s) of any oil in nature: EFA’s are the good fats that, like vitamins, the body does not produce and which doctors traditionally have recommended eating fish and flax to obtain. Thus, hemp seed and oil are increasingly incorporated as ingredients in a myriad of natural foods to boost their nutritional profile. U.S. companies are currently manufacturing cereals, waffles, pretzels, chips, salad dressings, bread and granola bars, among other products, that contain hemp seed or oil.

Hemp seeds are harvested from non-psychoactive industrial hemp plants grown in Canada and Europe, for example, under strict regulatory regimes, and have no potential psychoactive “drug” effect, and do not interfere with drug testing even when unrealistic amounts are eaten on a daily basis. Poppy seeds, commonly consumed on bagels, contain harmless trace opiates (that have historically interfered with workplace drug tests), and the DEA has sensibly not attempted to override the Congressional exemption of poppy seeds from the statutory definition of “opium poppy” in the CSA even though natural opiates in themselves are controlled elsewhere in the CSA.

On October 9, 2001, without any public notice or comment, the DEA issued an “Interpretive Rule” purporting to make hemp foods containing non-psychoactive miniscule trace amounts of THC, the active ingredient found in marijuana, immediately illegal under the Controlled Substances Act (CSA) of 1970. In fact, the U.S. Congress exempted non-viable hemp seed and oil from control under the CSA, 21 U.S.C. §802 (16), regardless of the presence of any trace miniscule THC (just as poppy seeds are exempted from the CSA despite containing trace opiates).

Internal Department of Justice (DOJ) documents obtained through the Freedom of Information Act show that the DEA was instructed by the DOJ (of which the DEA is part) in March of 2000 not to restrict the import of hemp seed and oil: “Hemp products intended for human consumption have THC at levels too low to trigger a psychoactive effect and are not purchased, sold or marketed with the intent of having a psychoactive effect.” The original memo from John Roth, Chief of the Narcotic and Dangerous Drug Section of the DOJ, to Donnie Marshall, Acting Administrator of the DEA, is available upon request (an identical letter was also sent to U.S. Customs by Mr. Roth).

The 10-year-old global hemp market is a thriving commercial success. Unfortunately, because the DEA’s Drug-War paranoia has confounded the biologically-distinct non-psychoactive industrial hemp varieties of cannabis with the psychoactive marijuana varieties, the U.S. is the only major industrialized nation to prohibit the growing of industrial hemp.

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Vote Hemp is a national non-profit organization dedicated to the acceptance of and a free market for industrial hemp and to changes in current law to allow U.S. farmers to once again grow hemp commercially. 

CAPITOL HILL, WASHINGTON, DC — On October 9th, the Drug Enforcement Administration (DEA) issued an “Interpretive Rule” to immediately ban any edible item containing hemp seed or oil that contains “any THC” and gave consumers until February 6th to “dispose” of such products. On February 6th, hemp industry representatives will conduct a Congressional Hemp Taste Test by delivering hemp foods to members of Congress to demonstrate that these foods are safe, nutritious and should remain legal. Members of the media should contact Adam Eidinger at 202-986-6186 to schedule interviews or to learn more about the Congressional Taste Test.

“Members of Congress from every state have heard from upset constituents telling them that the DEA has misinterpreted the law that exempts highly nutritious hemp seed and oil from the DEA’s control” says Eric Steenstra, President of Vote Hemp, a grassroots organization dedicated to the re-commercialization of industrial hemp.

In a “Dear Colleague” letter last week, Representatives George Miller (D-CA) and Ron Paul (R-TX), sent along an “AlpSnack,” an energy bar that contains hemp seed, to remind members that hemp seed consumption does not interfere with drug-testing (see http://www.testpledge.com) and that sterilized hemp seed and oil are exempted from the Controlled Substances Act (CSA) under the statutory definition of marijuana (just as poppy seeds, commonly consumed on bagels, are exempted under the statutory definition of the opium poppy). In December, Congressman George Miller (D-CA) wrote, “The interpretive rule must be amended to establish realistic standards which take into account current testing technologies and better define trace levels of THC which are permissible for human use.” Miller’s view was echoed in a letter to the DEA this month by Maurice Hinchey (D-NY), which said “The Interpretive Rule goes beyond the intent of the Controlled Substances Act and other marijuana control laws passed by Congress. Products such as hemp seed and oil — which allow only a harmless, trace amount of THC to enter the human body and do not cause psychoactive effects — were not what Congress was seeking to ban. For example, the DEA does not ban poppy seeds with trace amounts of opiates or fruit juices with trace amounts of alcohol.”

Hemp seed has a well-balanced protein content and the highest content of essential fatty acids (EFA’s) of any oil in nature: EFA’s are the “good fats” that, like vitamins, the body does not produce and must eat. 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, 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 $5 million in retail sales. Companies who ship hemp seed and oil to the U.S. market do not detect any THC in their products, and intend [along with major U.S. manufacturers and natural market retail chains] to continue to sell hemp foods after February 6th.

Internal Department of Justice (DOJ) documents, obtained through the Freedom of Information Act, demonstrate that the DEA (along with U.S. Customs) was instructed by the DOJ in March of 2000 that they do not have the authority to restrict the import of hemp seed and oil. The DOJ letter stated, “Hemp products intended for human consumption have THC at levels too low to trigger a psychoactive effect and are not purchased, sold or marketed with the intent of having a psychoactive effect.” The hemp industry does not expect the DEA to enforce the rule due to the fact that the agency is in court, where their illegal rule will most likely be invalidated. 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 the psychoactive marijuana varieties, the U.S. is the only major industrialized nation to prohibit the growing of industrial hemp.

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Vote Hemp is a national non-profit organization dedicated to the acceptance of and a free market for industrial hemp and to changes in current law to allow U.S. farmers to once again grow hemp commercially. 

WASHINGTON, DC — Drug Enforcement Administration (DEA) head Asa Hutchinson 
appeared on the National Public Radio program Public Interest this week with Vote Hemp President Eric Steenstra to discuss the DEA’s new “Interpretive Rule” which bans safe and nutritious hemp foods containing “any THC.” The DEA issued this rule despite the fact that the trace infinitesimal THC present in Congressionally-exempted hemp seed and oil is thousands of times below the psychoactive threshold and poses no threat to drug-testing programs under the hemp industry’s TestPledge program (see http://www.TestPledge.com).

Mr. Hutchinson’s appearance was the first time he has publicly defended the controversial new rule that has spawned protests at DEA offices in 76 cities, a high-profile legal confrontation with the hemp industry, a $20 million NAFTA lawsuit, and criticism from thousands of hemp food consumers. To read more about the “Interpretive Rule” issued on October 9, 2001 and other related documents, please visit http://www.VoteHemp.com/legal_cases_DEA.html.

Mr. Hutchinson clarified for the first time that the new rule is not necessarily final and could be changed following a complete review of the public comments. “The Interpretive Rule puts the public and companies on notice as to how we’re going to apply and interpret the law… But we seek comments on it and we are obliged and should consider these comments, and after we evaluate those comments we can issue a Final Rule that will discuss the comments from the public, make any adjustments that are reasonably justified and necessary, and then that Final Rule will be implemented,” said Mr. Hutchinson. When asked if the rule has been “promulgated” yet, the DEA Administrator said “No.”

“We’re pleased that the DEA appears to be backpedaling from enforcing their rule, but they are misinterpreting the Controlled Substances Act (CSA) period, which clearly exempts sterilized hemp seed and oil. We will not stop our grassroots, legal and legislative efforts to ensure nutritious hemp foods remain on over 10,000 store shelves until this rule is invalidated and set aside by either the Court, Congress or the DEA itself,” said Mr. Steenstra.

Despite explicit language in the CSA that exempts hemp seed and oil from the DEA’s control under the statutory definition of marijuana (exactly like the exemption for poppy seeds under the statutory definition of opium poppy), Mr. Hutchinson continues to wildly misinterpret the law. “There is no such exemption for any part of the Cannabis plant that contains THC. We are bound by the law,” said Hutchinson.

“I don’t know what law he is reading; he is simply wrong,” says Steenstra. “The DEA doesn’t want to admit that in the exact same section as the poppy seed exemption there is an exemption for hemp seeds and oil. This duplicity leaves hemp companies no choice but to look to the courts to invalidate the DEA’s rule.”

During the program, Mr. Hutchinson admitted, “We have received thousands and thousands of comments on this … clearly the public and the industry has submitted their comments and (they) will be considered before any Final Rule is adopted.” After receiving numerous hostile calls from listeners, Hutchinson said “At the DEA, we certainly are not against the hemp industry. We’re against THC which is what we are concerned about under the law.”

Steenstra, clearly frustrated, repeatedly pointed out to Hutchinson that the THC defined in the CSA is defined as synthetic THC only, and has nothing to do with the infinitesimal trace natural THC present in the exempted hemp seed and oil. Hutchinson had no explanation for why the DEA is not similarly trying to override the poppy seed exemption because of its trace opiate content, even though the separate definition in the CSA for opiates, unlike THC, refers to natural as well as synthetic.

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Vote Hemp is a national non-profit organization dedicated to the acceptance of and a free market for industrial hemp and to changes in current law to allow U.S. farmers to once again grow hemp commercially. 

WASHINGTON, DC – The Hemp Industries Association (HIA), representing over 250 companies and small businesses, learned last week that the Drug Enforcement Administration (DEA) has hired a Northern Virginia consulting firm to investigate the size and scope of the hemp foods market which has been doubling every year for the past five years and is presently estimated to be over $5 million annually. ICF Consulting contacted the HIA on behalf of the DEA for the first time, more than three months after the DEA announced a new rule that purports to ban hemp food products containing any infinitesimal trace THC beginning February 6th.

“It is very disappointing that the DEA waited this long to research the rapidly expanding hemp foods industry that is creating jobs and promoting highly nutritious foods for healthier lifestyles,” said David Bronner, Chairman of the Hemp Industries Association’s Food and Oil Committee. Industry attempts to initiate a dialogue with the DEA were ignored over the course of last year before the DEA issued its “Interpretive Rule” October 9. “This is the latest evidence that the DEA’s interpretation of the Controlled Substances Act (CSA) is purely a political decision not based on any real insight or awareness of the well-established hemp foods industry, and purposely ignores the relevant science and law which exempts non-viable hemp seed and oil from the DEA’s control, just as poppy seeds are,” says Bronner. According to the official Health Canada detection protocol, most hemp seed and oil in the U.S. market have undetectable THC, and hemp food vendors and retailers intend to continue selling hemp foods after February 6th.

Hemp seed has a well-balanced protein content, a substantial amount of vitamin E, 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 which doctors traditionally have recommended eating fish and flax to obtain. Thus, hemp seed and oil are increasingly incorporated as ingredients in a myriad of natural foods to boost their nutritional profile. U.S. companies are currently manufacturing cereals, waffles, pretzels, chips, salad dressings, bread and granola bars, among other products, that contain hemp seed or oil.

Hemp seeds are harvested from industrial hemp plants grown primarily in Canada and Europe under strict regulatory regimes and have no potential psychoactive “drug” effect and do not interfere with drug testing even when unrealistic amounts are eaten on a daily basis (see http://www.TestPledge.com). Poppy seeds, commonly consumed on bagels, contain harmless trace opiates (that have historically interfered with workplace drug tests), and the DEA has sensibly not attempted to override the Congressional exemption of poppy seeds from the statutory definition of “opium poppy” in the CSA even though natural opiates in themselves are controlled elsewhere in the CSA.

Internal Department of Justice (DOJ) documents obtained by Vote Hemp through the Freedom of Information Act show that the DEA was instructed by the DOJ (of which the DEA is part) in March of 2000 not to restrict the import of hemp seed and oil: “Hemp products intended for human consumption have THC at levels too low to trigger a psychoactive effect and are not purchased, sold or marketed with the intent of having a psychoactive effect.” The original memo from John Roth, Chief of the Narcotic and Dangerous Drug Section of the DOJ, to Donnie Marshall, Acting Administrator of the DEA, is available upon request (an identical letter was also sent to U.S. Customs by Mr. Roth).

Patrick Goggin, a San Francisco-based attorney who is local counsel for the industry’s legal team seeking relief on behalf of affected companies in the U.S. 9th Circuit Court of Appeals, says: “The Roth memo shows the DEA knows hemp seed and oil is harmless, but they are acting to the contrary. We’ve filed a motion to stay the new rule while our lawsuit is considered, but the court has not yet issued a decision.”

The 10-year-old global hemp market is a thriving commercial success. Unfortunately, because the DEA’s Drug-War paranoia has confounded the biologically-distinct non-psychoactive industrial hemp varieties of cannabis with the psychoactive marijuana varieties, the U.S. is the only major industrialized nation to prohibit the growing of industrial hemp.

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Vote Hemp is a national non-profit organization dedicated to the acceptance of and a free market for industrial hemp and to changes in current law to allow U.S. farmers to once again grow hemp commercially.