As the recent DEA ruling banning hemp products for human consumption sinks in, another industry member says it is confident that there will be a 'pro-hemp victory in the 9th circuit court'.
John W. Roulac, founder and president of Nutiva which produces hemp oil for use in food and cosmetics, said: "One would think that the Bush Administration's DEA has more important things to do than attack America's growing hemp food industry."
"Hemp is a health-promoting, non-drug, earth-friendly crop for food and fiber that can help create new jobs and add to farmers' income," he added.
On March 21 the Drug Enforcement Agency (DEA) issued a final rule regarding the legality of hemp foods. The new rule seeks to ban the sale of all hemp food products and prohibit the importation of hemp oil for cosmetic manufacture. The effective date of the final rule is scheduled for April 21, 2003.
Nutiva, which claims to be America's leading hemp food brand, markets certified-organic hemp and flax food bars, organic hemp oil and shelled hempseed. In 1999, the company introduced the first hemp food bar in the US and has since sold more more than 2 million bars. Its products are also used in French Meadow Bakery bread and Nature's Path hemp waffles and cereal.
Nutiva says it is optimistic that the Court will invalidate the DEA's rules due to the weak legal footing of the rules. The new 'final rule' is nearly identical to an interpretive rule that was issued in October 2001, according to the company. The 9th Circuit Court of Appeals issued a 'stay' of the interpretive rule in March 2002, and the Hemp Industries Association is once again rallying its forces for another legal battle to stay, and ultimately overturn, the DEA's unreasonable rules.
"The US is a 'Lone Ranger' on the hemp issue - every other major industrialized nation allows hemp agriculture and commerce," said Roulac.
Congress previously exempted non-viable hemp seed and oil from the Controlled Substances Act (CSA) because it found that trace concentrations of THC, the psychoactive ingredient in marijuana, in hempseed are insignificant (at a few parts per million) and non-psychoactive. The hemp exemption was provided in the same manner that Congress exempted poppy seeds from the CSA, despite the fact that they contain trace opiates otherwise subject to control, noted Roulac.
Shelled hempseed is comprised of 45 per cent 'good fats' in a combination of Omega-3 Alpha-Linolenic Acid, Omega-6 Linoleic Acid, 'Super' Omega-3 Stearidonic Acid, and 'Super' Omega-6 Gamma Linolenic Acid. It is also rich in vitamin E and iron, and contains 33 per cent protein. Hemp oil has a 'nutty' flavor that makes it a tasty addition to recipes.
In the first quarter of 2003, Nutiva sales are up 30 per cent from the fourth quarter of 2002 and the company is on track to achieve close to $1 million in sales in 2003, according to Roulac.