The
Hemp Industries Association has won its case against the U.S. Drug Enforcement Administration. The conclusion of the Court in HIA v DEA is worth repeating here:
[9] The DEA's Final Rules purport to regulate foodstuffs containing "natural and synthetic THC." And so they can: in keeping with the definitions of drugs controlled under Schedule I of the CSA, the Final Rules can regulate foodstuffs containing natural THC if it is contained within marijuana, and can regulate synthetic THC of any kind. But they cannot regulate naturally-occurring THC not contained within or derived from marijuana—i.e., non-psychoactive hemp products— because 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.
[10] The DEA's definition of "THC" contravenes the unambiguously expressed intent of Congress in the CSA and cannot be upheld. DEA-205F and DEA-206F are thus scheduling actions that would place non-psychoactive hemp in Schedule I for the first time. In promulgating the Final Rules, the DEA did not follow the procedures in §§ 811(a) and 812(b) of the CSA required for scheduling. The amendments to 21 C.F.R. § 1308.11(d)(27) that make THC applicable to all parts of the Cannabis plant are therefore void. We grant Appellants' petition and permanently enjoin enforcement of the Final Rules with respect to non-psychoactive hemp or products containing it.
Download the Opinion from the Ninth Circuit Court of Appeals in PDF format:
http://www.ca9.uscourts.gov/ca9/newopinions.nsf/90DC066FE8E8955688256E31007ACE3B/$file/0371366.pdf?openelement or from Vote Hemp
here.
I find it interesting, but not surprising, that DEA went out of its way to issue press releases durning the case like
DEA Clarifies Status of Hemp in the Federal Register and
DEA Statement on THC in
Cannabis Food Products in Light of Ongoing Litigation, but there is no mention of their decision not to appeal HIA v DEA to the Supreme Court in their current
News Releases. Vote Hemp had also asked for an
apology from DEA, and even though the HIA won the case, I imagine that this will probably never happen.
Here are some of the better news stories that have appeared about HIA v DEA recently:
Government Ends Attempt to Ban Hemp Foods
Join Together Online
http://www.jointogether.org/sa/news/summaries/reader/0,1854,574748,00.html
U.S. won't try to ban hemp foods, oils
By Bob Egelko, San Francisco Chronicle
http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2004/09/28/BAGVO8VTND1.DTL
Hemp, hemp, hooray!
By Genevieve Bookwalter, Santa Cruz Sentinel
http://www.santacruzsentinel.com/archive/2004/September/28/local/stories/03local.htm
Hemp Food Industry Wins 3-Year Battle
The Los Angeles Times
http://www.latimes.com/news/local/la-me-hemp28sep28,1,1092197.story?coll=la-headlines-california
Lawyer: DEA Battle to Ban Hemp Food Over
By The Associated Press
The New York Times
http://www.nytimes.com/aponline/national/AP-Marijuana-Hemp.html
DEA's failed battle to ban hemp food is over, attorneys say
By David Kravets, Associated Press
San Jose Mercury News
http://www.mercurynews.com/mld/mercurynews/news/local/states/california/peninsula/9774558.htm?1c
Hemp Industry on Fire
By Valerie Vande Panne
Reason
http://www.reason.com/hod/vv092404.shtml
