DEA Issues New Rules to Ban Hemp Foods

The Drug Enforcement Administration (DEA) published rules regarding industrial hemp products in the Federal Register on October 9, 2001, which were effective immediately. Without any compelling reason or the required public notice and comment period, the DEA issued an interpretive rule banning hemp seed and oil food products that contain any amount of trace residual THC, devastating the hemp food industry and potentially subjecting businesses and consumers to federal criminal penalties. DEA also issued an interim rule exempting hemp bodycare and fiber products from DEA control, but the legal status of bodycare products is now ambiguous. Hemp seeds and oil have absolutely no psychoactive effect and are about as likely to be abused as poppy seed bagels for their trace opiate content, or fruit juices because of their trace alcohol content (present through natural fermentation).

Furthermore, the hemp industry has established the science-based TestPledge (www.testpledge.com) program. TestPledge companies clean their seed and oil to assure consumers a wide margin of safety from confirming positive in a workplace drug-test even when eating an unrealistic amount of hemp foods daily. The DEA's actions are especially puzzling, as they have not targeted poppy seeds and their trace opiates. In fact, the U.S. government raised drug-test thresholds for opiates in the 1990s to accommodate the poppy seed industry.

Hemp seed is one of nature's best sources for human nutrition. In addition to its excellent flavor profile, the seeds supply all the essential amino acids in an easily digestible form with a high protein efficiency ratio. Hemp oil offers high concentrations of the two essential fatty acids (EFAs) in a perfect ratio of the omega-3/omega-6 acids. This superior nutritional profile makes shelled hemp seed and oil ideal for a wide range of functional food applications and as an effective fatty acid supplement. Not surprisingly, shelled hemp seed and oil are increasingly used in natural food products, such as corn chips, nutrition bars, hummus, nondairy milks, breads and cereals.

The high and balanced essential fatty acid content of hemp oil also makes it ideal as a topical ingredient in both leave-on and rinse-off bodycare products. The EFAs help soothe and restore skin in lotions and creams and give excellent emolliency and smooth after feel to lotions, lip balms, conditioners, shampoos, soaps and shaving products.

Estimated retail sales for hemp food and bodycare products in the U.S. exceeded $25 million in 2000, up from less than $1 million in the early 90s. Hemp foods and bodycare products have penetrated the mainstream marketplace, and rapid growth was expected to continue before the DEA action in October.

Poppy seeds contain trace opiates, fruit juice contains trace alcohol, hemp seeds contain trace THC. Trace contaminants exist in nature and in our food supply, and our government regulatory agencies set limits to protect consumer health. The hemp industry has responsibly addressed all health, safety and drug-testing issues with a wide margin of safety, and would like to formalize TestPledge standards with governmental sanction. However, the DEA does not want to acknowledge the truth of hemp seed and oil foods: that they are a superior nutritional resource for Americans.

Hemp offers environmental advantages and has a long history of use for paper, fabrics, cordage and birdseed, as well as being a nutritional food and superior bodycare ingredient. Hemp is now being grown in 29 countries including Canada, England, Germany, France and Spain. Each of these countries has adopted regulatory models that allow for safe human consumption of hemp products. Legislation relating to hemp has been passed in 16 states. This past year, the National Conference of State Legislatures adopted a resolution calling for changes to federal laws to allow for domestic hemp cultivation. For more information on the phenomenal potential of industrial hemp, please visit: www.votehemp.com and www.thehia.org.

The DEA's planned new rules will cause substantial harm to hemp businesses and consumers alike and are not based on any real threat or abuse potential. Like poppy seed, hemp seed is clearly exempted from the Controlled Substances Act by Congress. 21 U.S.C. 802(16), (19) and (20). The hemp industry is currently pursuing legal action. A public comment period ends on Dec. 10; constructive comments to the DEA and members of Congress are welcome. See www.hempreport.com for more information, and see www.votehemp.com for actions you can take. For more information contact: David Bronner, Chair, Hemp Industries Association Foods and Oil Committee, david@votehemp.com; phone: (760) 807-6202; or Eric Steenstra, President, Vote Hemp, eric@votehemp.com; phone: (703) 255-2488.