Appeals court rejects federal government's bid to outlaw hemp foods

By: TERENCE CHEA - Associated Press | Friday, February 6, 2004 7:12 PM PST

SAN FRANCISCO -- A federal appeals court ruled Friday that the U.S. government overstepped its boundaries when it banned the sale of food made with hemp, a plant related to marijuana.

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.

"It validates what we've been saying along, that hemp foods have nothing to do with the drug war," said David Bronner, president of Dr. Bronner's Magic Soaps, located in Escondido, and a member of the Hemp Industries Association.

The DEA would not comment on the decision, spokesman Bill Grant said.

Hemp contains only trace amounts of THC, the substance that gets people high. Hemp sellers say their products are full of nutrition, and they contend it is impossible for hemp food to produce intoxicating effects.

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.

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 2001, the DEA declared that food products containing even trace amounts of THC were banned under federal law. The 9th Circuit put that order on hold so it could hear a challenge from the hemp industry.

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