(OT)Fwd:VOTEHEMP: Hemp Industry Wins DEA Hemp Food Fight!

[Guest guest]

OFF TOPIC

It is rare that their is good news in the progressive , alternative

community. AND this could lead to hemp as fiber , fule and

grater use as MEDICAL therapy , well one can HOPE.

ivan olsen

------original---from---Art4Peace@...----2-8-4---------

Today marks a very important milestone in the re-emergence of the

once-forgotten hemp industry. Today, the U.S. Court of Appeals for the Ninth

Circuit handed down their final ruling in what has come to be known as the

" DEA Hemp Food Fight. " The hemp industry has WON its 2 1/2-year-old lawsuit

against the Drug Enforcement Administration (DEA) in a decision that

permanently blocks DEA regulations that attempted to ban nutritious hemp

foods.

Please read on for the full scoop, and if you haven't already please

consider making a vital donation to Vote Hemp -- so we can continue our

important work like helping to keep the DEA from holding back the thriving

hemp food industry. If you have not yet been inspired to give, or even if

you have recently given, please take this momentous ruling to heart. The

hemp industry has spent heavily on this legal effort and needs your support

today!

Make a donation now at: http://www.VoteHemp.com/contribute.html

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Federal Court Rejects DEA Ban on Hemp Food

Court Tells DEA it Cannot Regulate Naturally-Occurring THC in Hemp Food

Landmark Decision Opens Way for Expansion of Hemp Food Industry

SAN FRANCISCO, CA -- U.S. COURT of APPEALS for the NINTH CIRCUIT -- The Hemp

Industries Association (HIA), representing over 200 hemp companies in North

America, won their 2 1/2-year-old lawsuit today against the Drug Enforcement

Administration (DEA) in a decision that permanently blocks DEA regulations

that attempted to ban nutritious hemp foods such as waffles, bread, cereal,

vegetarian burgers, protein powder, salad dressing and nutrition bars.

" The decision in HIA v. DEA is a huge boost to the hemp food market, and we

expect to see many more hemp food products on store shelves, " says

Bronner, maker of the ALPSNACK® organic hemp nutrition bar and Chair of the

HIA Food and Oil Committee. " The three judge panel agreed with 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 oil from control along with hemp fiber.. Based on

today's decision, 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 seed, " says Bronner.

*Background on the Hemp Food Court Decision*

Today's Ninth Circuit decision permanently invalidates the DEA's " Final

Rule, " issued on March 21, 2003, that was virtually identical to an

" Interpretive Rule " issued by the agency on October 9, 2001 that was

invalidated by a Ninth Circuit court order issued on June 30, 2003. Please

visit www.VoteHemp.com to view the Ninth Circuit ruling.

In the decision, Judge Betty Fletcher wrote, " [T]hey [DEA] cannot regulate

naturally-occurring THC not contained within or derived from marijuana --

i.e., non-psychoactive hemp is not included in Schedule I. The DEA has no

authority to regulate drugs that are not scheduled, and it has not followed

procedures required to schedule a substance. The DEA's definition of " THC "

contravenes the unambiguously expressed intent of Congress in the CSA and

cannot be upheld. "

During the final oral arguments held in San Francisco on September 17, 2003,

the HIA argued that the DEA's " Final Rule " banning nutritious hemp foods

misinterprets the CSA. The judges were completely unconvinced by DEA

attorney Dormont's arguments that Congress did not exempt hemp seed

from the CSA even if the seed contains insignificant amounts of

naturally-occurring THC. According to the hearing transcript available at

http://www.votehemp.com/PDF/Oral_Arguments_HIAvDEA.pdf, Dormont was read

back the section of the CSA dealing with the hemp seed exemption on three

occasions by Judge Kozinski. By the third reading, 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.

*The DEA Admitted Hemp Food Does Not Pose Any Harm, Leading Nutritionist

Agrees*

During final arguments, 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 harm to people. " According

to nutritionist and best- selling author Dr. Weil, " There is

absolutely no health concern about trace amounts of THC in hemp foods. I

think the federal court decision is great. "

*Public Outrage Against the DEA's Attempted Ban*

In regard to widespread outrage over the DEA's " Final Rule " -- 115,000

public comments, a letter from the Canadian government, and a letter from

Congress co-signed by 22 Representatives submitted to the DEA opposing the

hemp food ban -- Ninth Circuit Chief Judge 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. "

Protests were organized by Vote Hemp against the DEA's attempts to ban hemp

foods. In December 2001 and again in April 2003, at more than 50 DEA offices

nationwide, activists gave away hemp foods, poppy seed bagels and orange

juice that contain trace THC, opiates and alcohol respectively to highlight

the absurdity of the DEA's rules. These " Hemp Food Taste Tests " generated

public outrage and forced former DEA Administrator Asa Hutchinson to debate

Vote Hemp Director Steenstra on National Public Radio.

*Eating Hemp Foods Does Not Cause Failed Drug Tests*

North American 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 www.TestPledge.com). 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.

*Hemp Companies React to the Ninth Circuit Court Ruling*

" We are very excited that our best-selling Organic Hemp Plus Granola Cereal®

and our LifeStream Natural Hemp Plus Waffels® will continue to be available

in thousands of stores nationwide, " says Arran s, President and

Founder of Nature's Path Foods®.

" The DEA was foolish to try to ban hemp seed because it is a rich source of

protein, dietary fiber, minerals, iron, vitamin E, and has a near-perfect

composition of essential fatty acids -- Omega 3 and 6, " says Lynn Gordon,

President of French Meadow Bakery which sells Healthy Hemp Bread®. " We

expect sales to increase enormously as a result of the court ruling. "

" Nutiva's organic hemp bars and protein powder can finally be sold without

concern over their legality, " states Roulac, President of Nutiva®.

" Vegetarians everywhere should celebrate this court ruling, " says Ken

Holmes, co-founder of Living Harvest®. " People have a right to eat our

nutritious Hemp Power Bar, Hemp Protein, Hemp Oil and Hemp Seed Nut. "

" Today's decision will boost demand for our bulk and private label oil and

seed products, as well as retail brand hemp food and body care products, "

says Shaun Crew, President of Hemp Oil Canada®.

" Today's court ruling will jumpstart sales of our new meatless Omega

Burgers® made from organic hemp seed, " states Ruth Shamai, President of

Ruth's Foods®.

" This decision now allows consumers to vote with their dollars. Healthy hemp

food products like Hemp Seed Oil and Hemp Seed Nut (shelled hemp seed) are

available now at major national retailers like Whole Foods Market, " says

Fata, Manitoba Harvest® Hemp Foods & Oils.

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