SAN FRANCISCO, CA — U.S. COURT of APPEALS for the NINTH CIRCUIT — The main fiscal sponsor of the Hemp Industries Association (HIA) landmark court victory against the Drug Enforcement Administration (DEA) protecting sales of hemp foods in the United States learned this week they won another legal battle. Ruling under the Equal Access to Justice Act (EAJA), the Ninth Circuit Court of Appeals has ordered the DEA to pay $21,265 to Dr. Bronner’s Magic Soaps to compensate them for a portion of their legal fees in HIA v. DEA.
“The EAJA allows an award of attorneys fees in this situation only where the court finds the Government’s position was not ‘substantially justified,'” said Joe Sandler, HIA’s counsel in the case. “By making this award, the Court has basically decided that DEA’s attempt to outlaw hemp foods never had any real legal merit.”
Dr. Bronner’s Magic Soaps uses hemp oil in all their soaps and also makes AlpSnack, an organic hemp food bar which has become popular since the legal battle ended in September 2004. “We are very pleased to recoup a portion of the costs associated in fighting off the DEA’s illegal attempt to ban nutritious hemp seed,” said David Bronner, President of Dr. Bronner’s Magic Soaps. “We plan to use the money to fund industrial hemp studies in Canada as well as legislative efforts to allow farmers to grow industrial hemp in the United States. Ultimately our interest in hemp is in the fiber as an alternative to old-growth timber for paper and construction composites; however, hemp seed for foods on account of its omega-3 content is the immediate market driver building the necessary economies of scale.” Dr. Bronner’s has pledged $100,000 this year to hemp-related projects, and in general devotes at least a third of before-tax income to various progressive charities and causes.*
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) omega-3 and omega-6 in perfect balance. 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, pretzels, frozen waffles, cereals, nutrition bars, meatless burgers and salad dressings.
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 and Canada. 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 (on bagels, muffins, etc.) even though they contain far higher levels of trace opiates. The recently-revived global hemp market is a thriving commercial success. Unfortunately, due to Drug War paranoia, the DEA confuses 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.
* A current focus is a recovery/development project in Sri Lanka headed by Gero Leson, D.Env., a key consultant to Dr. Bronner’s and the U.S. and Canadian hemp industries generally. Dr. Leson works on environmental and sustainability projects worldwide. Familiar with Sri Lanka through his ongoing cooperation with the country’s coconut fiber industry, he and German colleagues initiated the project “Second Aid”. It helps rebuild the livelihood of coastal families with small enterprises, which were destroyed by the recent tsunami, for example by giving interest-free microloans to fishermen, repair shops and canteens.
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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.