Date: Thu, 15 Jan 1998 10:54:57 -0800 From: rgivens@sirius.com To: rgivens@sirius.com Subject: Re: Can DEA remove industrial hemp from CSA?

The way HEMP and medical marijuana were outlawed is interesting. Until it was declared unConstitutional in 1969, the Marijuana Tax Act of 1937 (MTA) had provisions for legally growing HEMP and for legally using medical marijuana. When the Controlled Substance Act was passed they omitted any provisions for HEMP and medical cannabis. In other words, HEMP and cannabis were outlawed by default.

One point that can always be thrown in the prohibitionists faces is that legal HEMP and legal medical cannabis are NOT new. They were legal in this country for over 193 years.

The DEA says that they are not competent to tell the difference between marijuana and HEMP, but the narcs didn't have any trouble making that distinction for 32 years after passing the MTA!

As for your question: I will venture an opinion --- YES the DEA has full authority to make provisions for growing HEMP and using medical cannabis. In fact, if they were of a mind to, the DEA could completely remove marijuana from the list of prohibited drugs. I believe they have that authority, although you'll need to get a lawyer to prove it.

Of course, the political situation makes such moves purely speculative. R Givens

>In "Marijuana, Not Guilty As Charged", David R. Ford writes (p. 142): > >"The Drug Enforcement Administration stubbornly refuses to recognize the >distinction between marijuana and hemp. Soon, the United States may hold >the dubious distinction of being the only major economic power to prohibit >cultivation of a crop that provides the best hope for halting the >destruction of the world's forests -- as well as eliminating starvation >throughout third world countries at practically no cost." > >Now that the DEA has accepted the medical use of Cannabis, I wonder if they >can be persuaded to make the simple distinction between hemp and marijuana? >How many farmers are struggling to make ends meet and are prevented from >growing a valuable crop by hemp prohibition? How many ugly clearcut forests >are we going to have to look at because of hemp prohibition? It appears >that the DEA has the authority to find that fiber hemp isn't marijuana. > >Can the DEA remove hemp from the CSA schedules? > >Sincerely, >Arthur Livermore >LIVERMORE CONSULTANTS alive@pacifier.com >P.O. Box 36 http://www.pacifier.com/~alive/ >Arch Cape, OR 97102 USA Copyright (c) 1998 by Arthur Livermore >503-436-1882 All rights reserved

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