Three Syracuse University students were
arrested last week on charges of "marijuana possession" because they were caught
with energy bars containing hemp seeds. The bars were tested and
allegedly came up positive for trace amounts of THC. The Onondaga County
DA's office is proceeding with prosecution and the students have pled "not
guilty". Next Syracuse police will be arresting people for possessing poppy-seed
bagels since they contain traces of opium.
Pubdate: Tue, 1 Jan 2002
Source: Reason Magazine
(US)
SEEDS OF
DISCORD
Sowing Hemp
Hysteria
IT TURNS out that the hand cream you bought at
The Body Shop last year
was a controlled substance. But it's not anymore.
Probably.
This is the upshot of two rules the Drug Enforcement
Administration
unveiled in October. The first announced that all products
containing the slightest
trace of THC, marijuana's main active ingredient, are prohibited
substances.
This came as a surprise to the dozens of companies that for years
have
sold products made from cannabis fiber, seeds, or oil. Such hemp
products,
which include clothing, snacks, nutritional supplements,
toiletries, and bird
food, may contain tiny amounts of THC, but not enough to
get anyone
high.
The second DEA rule exempted inedible THC-tainted
hemp products from the
ban, provided that "using them does not cause THC to
enter the human
body." The DEA is pretty sure that "personal care 'hemp'
products" such as hand
cream, soap, and shampoo qualify for the exemption,
although it is
"unaware of any scientific evidence definitively answering
this question."
But edible hemp products--including dietary supplements,
pasta, tortilla
chips, candy bars, salad
dressings, cheese, and beer--are in the same
legal category as heroin.
According to the DEA, they have been since 1970.
It's just that no one
realized it until now.
The new rules apparently stem from concerns that
hemp products could
interfere with drug testing. In 1997 the Journal of
Analytical
Toxicology published two reports of studies finding that people
who do not smoke
pot but consume hemp seed oil can test positive for
marijuana. A few months
later, an Air Force sergeant who used the oil as a
dietary supplement
was acquitted of marijuana charges. In 1999 the Air Force
ordered its
personnel to stay away from the stuff. "Such applications for
human consumption
are confounding our Federal drug control testing program,"
then-drug czar
Barry McCaffrey complained in a 2000 letter to U.S. Rep. Patsy
Mink (D-Hawaii).
Laura Shelton, executive director of the Drug and
Alcohol Testing
Industry Association, says her group did not lobby for the
ban, although she
concedes that "it will make it easier for our members who
have come across this
situation." The American Association of Medical Review
Officers, which represents
drug testing specialists, has been warning for years that
government-mandated
urinalysis could be overturned on constitutional grounds because hemp
products
make the results unreliable. "Products that cause a positive THC urinalysis
must be
removed from commerce," said a 1997 editorial in the organization's
journal,
"or we will be forced by the courts to stop testing for marijuana.
"
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