Replies to post #168347 on Medical Marijuana Inc (MJNA)

[Art Vandeley]

Actually, the court rules that there wasn't a schedule 1 substance in the hemp products because they said THC itself is not a scheduled 1 substance and that only "marijuhana and SYNTHETIC THC were schedule 1 and that natural THC was not. As far as MJNA/CANV/Kannaway, you do bring up an interesting point.

On February 6, 2004 the Ninth Circuit Court of Appeals issued a unanimous decision in favor of the HIA in which Judge Betty Fletcher wrote, "[T]hey (DEA) cannot regulate naturally-occurring THC not contained within or derived from marijuana-i.e. non-psychoactive hemp is not included in Schedule I. The DEA has no authority to regulate drugs that are not scheduled, and it has not followed procedures required to schedule a substance. The DEA's definition of "THC" contravenes the unambiguously expressed intent of Congress in the Controlled Substances Act (CSA) and cannot be upheld". On September 28, 2004 the HIA claimed victory after DEA declined to appeal to the Supreme Court of the United States the ruling from the Ninth Circuit Court of Appeals protecting the sale of hemp-containing foods. Industrial hemp remains legal for import and sale in the U.S., but U.S. farmers still are not permitted to grow it.

https://www.votehemp.com/legal_cases_DEA.html