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Monday, April 7, 2003 Interpreting the DEA final rules
The New U.S. Drug Enforcement Agency Rule clarifying and legalizing importation of non-food hemp products and placing limits on the allowable content of THC (the psychoactive chemical found in marihuana) in hemp food products intended for human consumption is set to go into effect April 21, 2003. Unfortunately, organizations within the hemp industry are seeking to block its implementation. Reasons for opposition to the new ruling seem to be monetary, conspiratory, and an overall lack of vision by those claiming the new ruling is dealing a blow to the hemp industry. The costs involved to meet the anticipated 1 part per million (ppm) limit of THC in hemp food products using seed cleaning methods are going to set affected hemp food companies back financially to the degree that they may not be able to maintain operations and risk financial failure. If the new ruling passes or not, the hemp food market in the U.S. has been wiped out due to the stigma of drug testing false positives and impending prohibitive laws. Blocking this ruling will not restore this market. Success of the hemp food industry lies in the acceptance and compliance with this new ruling. The fiscal pains of restructuring to this new ruling are no different than the pains endured by any other industries when a new Food and Drug Administration (FDA) ruling is passed. The organic, grain, and livestock food industries must continually change their production practices to conform to new FDA laws concerning the removal of certain pesticides, cleaning agents and the like in their manufacturing process for the sake of public health. The Hemp Food Industry isn’t under attack; it’s just being introduced to the realities of the food industry in the United States. Some suspect deception on the DEA’s part, but they would have no reason to introduce deceptive tactics in regards to dealing with the hemp industry. Deceptive measures imply that one cannot conquer by the use of power alone. If the DEA wished to wipe out hemp foods it would just have to ask the FDA to declare hemp foods unfit for human consumption due to THC content and close out the market. Instead, the DEA is speculated to set the THC content in food limit to 1 part per million (ppm) allowing the opportunity for hemp companies to continue doing business in the U.S. using seed cleaning processes to remove THC content. If the new DEA ruling passed and immediately the limit was set to 200 parts per billion (ppb), a limit that may not be possible to import under given current cleaning technology, it still would not matter. The purpose of the Drug Enforcement Agency is to enforce the laws passed by United States Congress. Carrying out the introduction of an even lower limit would mean that they were doing their job of interpreting the laws they have jurisdiction over, in this case, The Controlled Substances Act (CSA) of 1970. With this ruling they are interpreting: “if a food or beverage product contains any measurable amount of THC, it is an illegal schedule I controlled substance” (pg. 14125 of the CSA). This is a very simple rule to follow, meaning if a hemp food has any detectable THC, it is illegal and cannot be sold in the U.S. Showing research of the miniscule amounts or harmlessness of THC in hemp foods means nothing since it is the very presence of the chemical, which is clearly forbidden. This is the equivalent of trying to sell .22 Caliber Pistols under a “No Guns” ban citing that the .22 is nowhere near as powerful as the Magnum 44. They are still both guns, and as long as guns are banned, they are unacceptable for sale. Asking the DEA to side step and even change this ruling is beyond their jurisdiction. It’s the same as expecting a rooster to lay eggs. It’s simply not possible and lobbying efforts to achieve the goal of raising THC content limits in food products should be taken up with the United States Congress, not the agency in charge of enforcing their decisions. The most troubling aspect of the opposition to this new rule is the inability to view the prospects of its passage or the consequences of its non-implementation. The new rule opens the door to legitimacy for 95% of the hemp industry. The other 5% that the hemp food industry comprises is still legal as long as they can conform to the THC content limit. This is a pro-hemp and anti-THC ruling. Hemp is praised for its copious strength and healthiness, not its THC content. This ruling would be an incredible endorsement for hemp. This is the kind of endorsement that opens the doors to markets, investment, and mainstream success that hasn’t been available prior to this ruling’s implementation. This would mean access to those channels that funding for North American processing plants, vital to the growth of the hemp industry, would be available along with the profits from sales to giant retailers. This ruling not passing would mean that ALL hemp products remain in their limbo state of being neither legal nor illegal, giving way for further movement towards the ladder. If there were a plot on behalf of the DEA, it would be to present the opportunity to begin restoring hemp to the United States, knowing the hemp industry would instinctively protest and squander it. The ultimate market success of the hemp food industry lies in the mainstream success of its hemp textile counterparts who have the ability to reach the general public and gain their support. It is the public who will legalize hemp in the United States, not the likes of a few. Democracy demands that the people should approve decisions of such magnitude. This ruling is what’s needed to get to the people. Instead of butting heads with the DEA in a losing proposition, let’s begin to work with the DEA and focus on a new campaign, one that would mean the reestablishment of hemp in the United States. The campaign would showcase hemp products as the solution to a significant portion of the petroleum consumption that takes place in the U.S. One third of imported petroleum is used for non-fuel products such as plastics, clothing, and paper. Hemp can be used either on its own or combined with other organic materials to replace this one third with stronger, cheaper, more environmental products. Let the U.S. know that military action is NOT the solution. That economics are the key to freedom. Take the dollar out of the hand of the terrorist and put it back into the pocket of the American. We are the New Economy! Silicon and wireless have had their day in the sun, now its time for hemp. Time to stop talking about a multi billion-dollar industry and make it a reality. This ruling is the first major step towards this new reality. Support this decision to support hemp to support yourself! DUM, Inc. is North America’s only manufacturer of screen-printed hemp clothing at cotton prices along with hemp comics at paper prices, with headquarters in Greensboro, North Carolina, USA. DUM, Inc. is a private corporation duly authorized and validly existing under the laws of the State of North Carolina, USA. For more information, contact: DUM, Inc. Copyright © 2003, DUM, Inc. All rights reserved. |
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