Victory for Hemp

It turns out I did not have to stock up on my favorite granola after all. Today the U.S. Court of Appeals for the 9th Circuit declared the Drug Enforcement Administration's ban on hemp foods "invalid and unenforceable." The 9th Circuit's decision in the case, Hemp Industries v. DEA, is available here. Background on the controversy, which involved a bureaucratic attempt to rewrite the law so that it fit better with the DEA's cultural prejudices, can be found here and here.

Comments

[Xander The Xanderian]

Uh oh, I can't wait to hear about the "tyranny" of the court's again!

[Anonymous]

Coming from the ninth you know it's going to be overturned.

That part of the country is increasingly being separated from Washington or as Christopher Lloyd says in Back to the Future, where they're embarking, they "don't need roads." Good thing we're talking about case law vs constitutional law and states' rights vs federal rights etc., cuz this could get ugly. The cultural divide is becoming a rift.

[Russ]

IMO, the hemp activists lack the courage come out and support outright legalization of cannibis cultivation, distribution, and recreational consumption. Instead, they prefer the "miracle fibre" foot-in-the-door approach, while acting as if the recreational characteristics don't exist.

Canada (where I live) is about to take the legislative step of "decriminalizing" possession of small quantities of cannibis. I'm in favour of the idea, and hope that it reduce the black market, but I have a feeling that this new approach will lead to even more policing, since it promises additional revenue from fines, rather than the costs of prosecution in criminal courts.

[James]

Russ, to just support outright legalization will only get you marginalized as a lazy, dope smoking hippy as well as getting bombarded with questions about the kids. What has to be shown to convince the masses is all the other benefits this plant has to offer other than replacing a glass of brandy in the evenings.

[arjay]

Russ,

The trouble with Canada's approach is that (a) it's still actually illegal, and (b) even tho it's only a little fine illegal to possess it, there will still be no legal distribution system, so you'll still have to deal with criminals to get the stuff. Canada is not alone in this. The EU countries and US states which have drastically reduced penalties still have the problem of distribution. Apparently it is just unthinkable that anybody could just be trusted to buy, sell and use MJ for whatever.

IMO the model for this was the Nevada initiative which I think would have done better if the feds had not interfered and if the Police Chiefs and Sheriffs had not chickened out on their endorsement.

[Anonymous]

Yes, it needs to be profitable before you get the lobbyists on your side. And then you get the marketers, and that'll eventually kill it 😀 Baby steps!

[Plutarck]

Think of the children! Imagine all the poor children who will die of smoke inhilation from trying to inhale their own burning clothing and ropes!

[SteveInClearwater]

With regard to "...Canada is close to decriminalizing marijuana possession...", the past several months of court rulings have effectively rendered current possession (of 30 grams or less) of cannabis laws invalid.

These rulings were supported by federal rulings from 2001 that mandated Parliament to demonstrate just cause for why such possession carries sufficient risk to the public that violators could be deemed worthy of criminal records and time in jail. When the legislators essentially ignored this mandate which carried a deadline in 2002, the subsequent rulings declared that prosecutors could no longer pursue such cases.

Thus most major jurisdictions in Canada have for the past six weeks correctly ceased arresting and charging adult citizens for possesion of 30 grams or less.

While prosecutors and some police still suggest that pot is still illegal, the judges and defense attorneys are making it clear that failing a fresh case being made for having such laws, no one will be convicted on such charges.

If Parliament can indeed muster a case that possesion of 30 grams or less of cannabis by adults should merit a criminal record, they will thus be 're-criminalizing' pot, not decriminalizing.

For more, see our site http://www.mapinc.org where we post all relevant news articles from Canadian press on this topic. You can use the FOCAL POINTS link to Canada-Cannabis, or simply use the SEARCH feature with similar wording.

[dhex]

i'm sure they have thousands upon thousands of tax wasting projects to embark upon, but none of them would be as lucrative as the war on a few key drugs.

[James Merritt]

Jacob, You may be salivating over your favorite granola. But for me, it's my favorite Hemp Beer!

I only wish I had heard about this ruling on my way home tonight. I would have tried to scare up some of that beer, for a small but heartfelt celebration here in the PRIVACY OF MY OWN HOME, dammit!

Maybe the 9th Circuit will be overturned yet again. But while their ruling is in effect, I intend to hemp out.

[twistedmerkin]

Is everyone here a bunch of drugged-up wacko stoners? Hey, anyone go a light?

[Anonymous]

After smoking a bowl, nothing beats ginger beer floats.

[Madog]

Legalize it so NYC can slap a $5 tax on it and we can have something else to complain about.

[joe]

Russ,

It's called rope-a-dope. The legalization side is always demeaned as goofy fanatics and unrealistic cultural warriors. This cause allows the prohibitionists to show their true colors - they're not getting red in the face about 11 year olds buying crack, but about some damn tee shirts.

In a word, strategery.

[dhex]

what does hemp beer taste like? at first blush it sounds kinda...icky

[Al]

Just legalize it. Waste my taxes on something else for a change.

[James Merritt]

dhex asks, "what does hemp beer taste like? at first blush it sounds kinda...icky"

Actually, it's very tasty, and not at all what you might expect. (Be honest ... how many of you thought of stale bongwater when I mentioned hemp beer? It's not like that at all.)

The ale is brewed like any other ale: water, malt, hops. But when it comes to the "extras" (e.g., special hops, flavors, or spices that get put into things like cherry beer, Christmas ale, etc.) they use hemp seeds. It's hard to describe the very subtle affect of the hemp seeds on flavor, except to say that it makes the beer taste a just a bit more "organic." The brewer of my personal favorite hemp ale (http://www.humbrew.com/hemp.html) claims that hemp increases head retention, and I have noticed that theirs is more persistently sudsy than some other beers, so maybe they're right.

Anyway, a product like this, which is partly an infusion of hemp seeds, would certainly not pass muster under the DEA's ban. Since that agency has been rattling its saber, I haven't seen a lot of the Humboldt Hemp Ale around, but apparently the brewery still produces it. Maybe the 9th Circuit Ruling will encourage our local distributors and retailers.