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Friday, February 6, 2004

Bid to Outlaw Hemp Food Fails in Court

Terence Chea, Associated Press

SAN FRANCISCO, California — A federal appeals court ruled Friday that the U.S. government overstepped its boundaries when it banned the sale of food made with hemp.

The 9th U.S. Circuit Court of Appeals said that although the Drug Enforcement Administration has regulatory authority over marijuana, the agency did not follow the law in asserting authority over all hemp food products as well.

Hemp is a plant related to marijuana that contains only trace amounts of THC, the substance that gets people high.

Fiber from hemp long has been used to make paper, clothing, rope and other products. Its oil is found in body-care products such as lotion, soap and cosmetics and in a host of foods, including energy bars, waffles, veggie burgers and bread.

Hemp food sellers say their products are full of nutrition. They say the food contains such a small amount THC that it is impossible to get high.

But last April, DEA attorney Daniel Dormont told the court that “there’s no way of knowing” whether some food made with hemp could get people high.

In October 2002, the DEA declared that food products containing even trace amounts of THC were banned under federal law. But the 9th Circuit put that order on hold so it could hear a challenge from the hemp industry.

Copyright © 2004, Associated Press. All rights reserved.

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