DEA extends deadline to dump hemp with a 40 day reprieve for food industry.

(Greg Winter, New York Times. Feb 9th)

Hoping to give an appeals court time to rule, the Drug Enforcement Administration said yesterday that it will extend a grace period for companies to dispose of food products made with hemp, a plant containing small amounts of the same psychoactive substance found in marijuana.
Hemp, a close relative of the marijuana plant, does not contain enough of the substance to have a mind-altering effect or to show up on most drug tests. Nevertheless, the guidelines still applied to the dozens of pretzels, snack bars and other food products that are made with hemp seed oil, giving stores and manufacturers until early this month to dispose of them all.

In explaining the rule, the DEA said it was merely interpreting existing drug laws, not expanding them. But the nascent hemp food industry cried foul, arguing that the agency only has the authority to control substances with a "high potential for abuse," and filed an appeal last year with the U.S. Court of Appeals in San Francisco, which handles appeals of administrative rulings like this one. Regarding the appeal the DEA agreed this week to suspend its prohibition for another 40 days to give the panel of judges more time and information to decide.

Notwithstanding the delay, the DEA said it has no intention of softening its prohibition on food made with hemp.
"We take our responsibility seriously," said DEA spokeswoman Rogene Waite.