The Hemp Report

     Not really David v. Goliath, but Earth Friendly Network v. PayPal. OK, here's the story. PayPal has frozen Hemp Industries Association member Earth Friendly Network's PayPal account for violation of their drug sales policy. They are asserting that hemp seed is a Schedule 1 controlled substance. They do not seem to understand that there is a difference between someone selling 10 Northern Lights seeds and a quarter pound of Hemp Oil Canada's "Hemp Crunch" - Toasted Hemp Seeds. Stunning ignorance. We need to enlighten them.

     I received an email from Amie Nguyen, owner of the Earth Friendly Network, alerting me of this and I have her permission to publicize this. Here is the email exchange so far:

****

Dear Amie Nguyen,

The PayPal User Agreement states that PayPal, at its sole discretion, reserves the right to close an account for any violation of the User Agreement, including the Acceptable Use Policy. Under the Acceptable Use Policy, you may not use PayPal in the purchase or sale of any drug or other substance, or immediate precursor, included in Schedule I of the Uniform Controlled Substance Act (21 U.S.C. 801 et seq.), or drug paraphernalia (as defined in 21 U.S.C. 863). The complete Acceptable Use Policy addressing Illegal Drugs and Paraphernalia can be found at the following URL:

http://www.paypal.com/cgi-bin/webscr?cmd=p/gen/ua/use/index_frame-outside&ed=drugs_paraph

We are hereby notifying you that, after a recent review of your account activity, it has been determined that you are in violation of PayPal's Acceptable Use Policy. Therefore, your account has been closed.

You will need to remove all references to PayPal from your website(s) and/or auction(s). This includes not only removing PayPal as a payment option, but also the PayPal logo and/or shopping cart. We thank you in advance for your cooperation. If you have any questions, please contact the PayPal Acceptable Use Policy Department at aup@paypal.com.


Sincerely,

PayPal Acceptable Use Policy Department PayPal, an eBay Company

PayPal Email ID PP522


****

Dear Amie Nguyen,

Thank you for contacting PayPal with your concern.

PayPal does not object to the sale of clothing made of hemp. Our concern lies within the sale of hemp seeds. These are prohibited under our Acceptable Use Policy for Illegal Drugs and Paraphernalia.

Therefore, unfortunately we cannot overturn the limitation on your account.

Please remove all references to PayPal from your website(s) and/or auction(s). This includes not only removing PayPal as a payment option, but also the PayPal logo and/or shopping cart.

If you have any questions, please contact the PayPal Acceptable Use Policy Department at aup@paypal.com.


Sincerely,

PayPal Acceptable Use Policy Department PayPal, an eBay Company


****

My reply----------à

Hemp seeds, hemp oil, and hemp food are NOT controlled substances. Please refer to the links below for relevant US law. Hemp seed and food products are sold across the US, Canada, and around the world.

http://www.hempfood.com/

"On 6 February, 2004, the Ninth Circuit (long known as the most liberal and most over-turned federal court in the country) ruled that the DEA had no jurisdiction over hempseed foods. Even DEA said as much: "[Hemp foods] need not be exempted from control under this interim rule, since they are, by definition, non-controlled."

http://www.votehemp.com/PDF/HIAvDEA_enbanc_deny_6-28-04.pdf

http://www.votehemp.com/PR/2-6-04_9thCir_grants.html

http://www.votehemp.com/legal_cases_DEA.html

Please take a moment to review the information above and reconsider your decision to close my account. I can assure that the hundreds of thousands of health and nutrition advocates who seek out hemp seeds and nutritional supplements will be extremely dissatisfied if this decision is not over turned.

****

     Please buy products from the Earth Friendly Network either from their eBay store or their web site. The Hemp Report will keep you posted on this stunning development.