News
Release
FOR IMMEDIATE RELEASE
March 12, 1998
Statement
from the Drug Enforcement Administration On the Industrial Use of Hemp
Hemp, Indian Hemp,
marijuana, and cannabis are other names for the Schedule I substance marijuana.
In accordance with Title 21, U.S.C. Section 802(16), the term "marijuana"
means "all parts of the plane Cannabis sativa L., whether
growing or not; the seeds thereof; the resin extracted from any part of
such plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of such plant, its seeds or resin. Such term does not include
the mature stalks of such plant, fiber produced from such stalks, oil
or cake made from the seeds of such plant, any other compound manufacture,
salt, derivative, mixture or preparation of such mature stalks (except
the resin extracted therefrom), fiber, oil, or cake, or the sterilized
seed of such plant which is incapable of germination."
Since marijuana
is in Schedule I of the Controlled Substances Act and in Schedules I and
IV of the Single Convention on Narcotic Drugs, its cultivation, importation,
exportation, and distribution are strictly regulated in the United States
and throughout the world. The Single Convention Treaty requires that countries
adopt necessary controls to prevent the misuse of, and illicit traffic
in, the leaves of the cannabis plant.
DEA has not in the
past granted any registrations for the cultivation of marijuana for industrial
purposes. The Controlled Substances Act requires that a determination
be made that any such production would be in the public interest. A prime
consideration of the public interest rests with the threat of diversion
associated with cultivation. The cultivation of the marijuana plant exclusively
for commercial/industrial purposes has many associated risks relating
to diversion into the illicit drug traffic.
Anyone seeking to
grow marijuana must apply for registration as a manufacturer pursuant
to 21 U.S.C. 823(a). DEA must consider the following criteria in consideration
of an application of this type:
1. Maintenance of
effective controls against diversion, and limitation of the bulk manufacture
(propagation is considered manufacture) to a number of establishments
which can produce an adequate and uninterrupted supply of these substances
under adequately competitive conditions for legitimate industrial purposes.
2. Compliance with
applicants, state and local laws;
3. Promotion of
technical advances in the art of manufacturing these substances;
4. Prior conviction
record of the applicant under federal and state laws relating to the manufacture,
distribution, or dispensing of such substances;
5. Past experiences
in the manufacture of controlled substances and the existence in the establishment
of effective control against diversion; and
6. Such other factors
as may be relevant to and consistent with the public health and safety.
Any application
to grow marijuana must include detailed documentation regarding these
requirements. For more information please contact James J. McGivney, Chief,
DEA Public Affairs, at (202) 307-7977.
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