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SAN FRANCISCO -- The U.S. Court of Appeals for the Ninth Circuit has denied a planned Drug Enforcement Administration (DEA) interpretive rule intended to ban the manufacturing of edible hempseed and oil under the Controlled Substances Act.
Writing for the majority opinion in declaring the rule invalid, Judge Betty Fletcher said, "Because the DEA rule is inconsistent with the THC (tetrahydrocannabinol) regulation at the time of promulgation, it is a procedurally invalid legislation rule, not an interpretative rule."
Nature's Path Foods, Inc., a Blaine, Wash.-based producer of organic foods, including HempPlus Granola Cereal and HempPlus Waffles, sees the decision as a victory because it believes industrial hemp is a nutritious and safe product.
"It's over -- we win!" exclaimed David Neuman, v.p. of sales and marketing. "This is a victory for us because we can continue to sell products that have a strong sales growth and a meaningful presence in our functional food line. We hope this final ruling will clear the way for retailers who have been hesitant about listing our number-one-selling HempPlus Granola and our award-winning Lifestream HempPlus Waffles because of this frivolous two-year action by the DEA."