Replies to post #173106 on Medical Marijuana Inc (MJNA)

[Art Vandeley]

Incorrect as there is no legal limits on the amount of THC in Hemp based products as THC from hemp is not a controlled substance. The only limit on THC in hemp is in the actual growing plant,, not products made from those plants. In fact, when importing hemp, which by US legal definition is the parts of the cannabis plant that is not defined as marijuana (buds and leaves are the marijuana portion by legal definition and seeds and stalks are exempt from that definition) it doesn't matter what the THC content of the entire plant was(the only laws limiting the thc content in imported hemp is the laws of the country it is grown in, not US law). There is no law that limits the thc content in hemp products.

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.

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


https://www.votehemp.com/PDF/HIAvDEA_9th_final_decision.pdf