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Wednesday, April 23, 2003

Court puts a hold on hemp food ban
Items containing substance found in pot can still be sold pending review

SEATTLE POST-INTELLIGENCER STAFF

Local retailers can continue to sell food products that contain hemp -- at least for the time being -- after a U.S. appeals court said it would review a federal ruling making such products illegal.

The U.S. Drug Enforcement Administration decided last month to prohibit foods that include a substance called tetrahydrocannabinols, or THC, which is found in marijuana. A small amount is also in industrial hemp, but not enough to produce a high.

The DEA's ruling would have gone into effect Monday, but the 9th U.S. Circuit Court of Appeals issued a stay last week allowing businesses to make and sell hemp foods until it can review the DEA's decision.

Nature's Path Foods, which decreased production of hemp granola at its Blaine manufacturing plant last month, is in full production again, said David Neuman, vice president of sales and marketing. The company had cut production by half in case demand dropped following the DEA's announcement last month.

This is the second time in recent years that the court has issued a stay on behalf of the hemp industry. It stepped in last year after the DEA published an earlier decision regarding THC in foods.

It could be several months before the court finishes its review of the DEA's decision, said David Bronner, chairman of the Hemp Industry Association's food and oil committee. If the court agrees with the DEA, businesses may have to stop producing and selling hemp foods.

Hemp supporters around the country visited DEA offices on Monday -- the day that its ruling would have gone into effect -- and handed out hemp foods to workers.

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