A 90-day grace period for hemp food consumers to voluntarily dispose of their products ended Sunday. From now on, any consumer or store that possesses or sells edible hemp goods containing even trace amounts of THC could face federal drug charges, according to a new “interpretive rule” passed by the Drug Enforcement Agency in October.
“Hemp food products have absolutely no psychoactive effects and are harvested under strict regulation from industrial hemp plants in Canada and Europe,” explained Congressmen George Miller (D-CA) and Ron Paul (R-TX) in a recent “Dear Colleague” letter opposing the ban. Their letter, which also contained a hemp energy bar – a product that would now likely be deemed illegal under the DEA’s controversial interpretation of the federal law – added, “The DEA should encourage the development and use of these products and not set unwarranted barriers to their production which cannot be overcome.”
According to internal Department of Justice (DOJ) documents obtained through the Freedom of Information Act, the DEA lacks the legal authority to restrict or criminalize the possession of hemp foods and oil products. In January, the Hemp Industries Association (HIA) and seven hemp food companies filed a brief with the Ninth Circuit Court of Appeals urging the court to enjoin the DEA ban.
According to news reports by the Associated Press and others, most hemp food manufacturers and retail chains will continue to stock and distribute edible hempen goods despite the new DEA rule.
For more information, please contact Allen St. Pierre, NORML Foundation Executive Director, at (202) 483-8751.