Cynthia Thielen Email Archive

Cynthia Thielen Email Archive

All emails posted by permission.

Date: Tue, 23 Jan 2001

From: Cynthia Thielen <thielen@aloha.net>

Reply-To: thielen@aloha.net

Subject: Re: DEA regulations

I've received the following update from DEA on the status of its proposed rules to outlaw all hemp products intended for human consumption. Please distribute this to those in the hemp industry.

Donnie Marshall, DEA Administrator under the Clinton Administration, has been asked to stay as Administrator. Mr. Marshall is in favor of the proposed rules.

DEA will be tying "THC & human consumption" to health issues. The reason this is important for you to know is that President George W. Bush's hold on all new rules/regulations does not include those necessary for health reasons. I do not know if DEA is trying to get approval from OMB to go ahead and publish its proposed rules, claiming a health exemption, but that is a likely possibility.

The Department of Justice probably will be looking at this issue again. DEA feels it will ultimately go to court, and the agency apparently is not upset about this. DEA also feels it may need a "legislative fix." The agency knows there is confusion or conflict in the Controlled Substances Act, [and this is evidenced by the John Roth DOJ letter.]

DEA has heard from a number of Congressional members on the proposed rules issue, but again the requests are for information rather than a pro or anti statement from the congress members.

What to do at this point: several suggestions. 1. Write the Acting head of OMB asking him/her not to approve any proposed rule changes affecting hemp, as it is not a health issue. Explain why. 2. Write to Attorney General John Ashcroft. Be polite. Be concise! State who you are, explain what DEA proposes, explain why it will harm your company & farmers, explain why it is not necessary (the Gero Lesson study, etc.), and ask for a response or contact name/tele # of the person in the DOJ who will be handling this issue. Remember, you need to educate A.G. Ashcroft. 3. Write to President George W. Bush. Same as above. Do not alienate the new administration. Mention the number of states that have enacted industrial hemp legislation or are considering it this legislative session. Joe, please email this list with web site for that info. 4. Write Donnie Marshall. When he first came into office, he was open to considering rules to allow America's farmers to grow industrial hemp. Be polite. Tell him it is a farmer issue, and economic issue, and how many states are proposing to grow industrial hemp. (14 as of today). 5. If you have Republican Congress members or hemp supportive members, ask them to work with President Bush to get this crop legalized. And ask them to contact Donnie Marshall again, urging him to reexamine the regulations to allow farmers to grow hemp.

Another suggestion from a former DOJ official under Clinton: Write a brief letter to Attorney General Ashcroft, asking for a DOJ review of the issue, a review of the DEA's proposed rules, explaining the movement among states to authorize industrial hemp as an agricultural crop. Offer to be a resource and why your particular expertise would be helpful. Ask for the name of the DOJ attorney he will be assigning to this issue.

Ashcroft hasn't been confirmed yet, so people should draft letters but date and send them after Senate confirms him. OMB Director is confirmed. His name is Mitch Daniels--Director of White House Office of Management and Budget (OMB).

If you are in Washington State, then please use this easy to contact form: http://www.house.gov/inslee/emailform.htm

With aloha,
Rep. Cynthia Thielen
Assistant Republican Floor Leader
Hawaii House of Representatives

Editor's note: John Ashcroft has been confirmed as U.S. Attorney General

Date: Tue, 19 Dec 2000 07:35 PM

From: Cynthia Thielen <thielen@aloha.net>

Reply-To: thielen@aloha.net

Subject: Re: DEA regulations

Aloha all,
I am on my home computer without a complete mailing list. Please excuse this if you get more than one email (or are left off my list and get this forwarded from someone else). I just was called by the DEA at home as a response to about five messages I had left yesterday asking for current information. Here is the update from the head of DEA's Congressional Unit:

The regulations [outlawing hemp products intended for human consumption] are still going through the review process. Department of Justice has signed off. Other agencies that are reviewing the regs are Department of Commerce, Department of Treasury [and U.S. Customs is under Treasury and would be part of the reviewers, as Customs would be tasked with seizing hemp imports], and OMB.

I have asked Desi Poteet, my Office Manager, to get the names of the above department heads, addresses, fax and telephone numbers, so she can mail these to you right away. Skip Janet Reno--DOJ signed off on the regs. Put your pressure on OMB, Commerce, Treasury and Customs. Ask Congressmembers to do the same. And ask Congressmembers who have some courage to do more than just an "inquiry." In other words, ask them to express opposition to the regs, or alarm at the adverse economic impact on local business, or at least "concern." DEA has received over 200 "inquiries" from congressmembers. But those inquiries weren't phrased as opposition to the new regs.

I know that it is the holiday season and you have other things to do. But please, please write these letters--ask your congressmembers to intervene on your behalf.

Merry Christmas [and let's stop the DEA grinch from publishing].

Please forward to your industrial hemp list.
Aloha,
Rep. Cynthia Thielen
Assistant Republican Floor Leader
Hawaii House of Representatives

Date: Friday, December 15, 2000 7:28 PM

From: Cynthia Thielen <thielen@aloha.net>

Reply-To: thielen@aloha.net

Subject: DEA regulations

I have just heard that DEA intends to publish its new regulations in the Federal Register before the new Bush Administration takes over. Evidently agencies sometimes do this to get their regulatory changes into effect before the next president takes over.

The regulations will be devastating to the efforts to legalize industrial hemp in the USA. The regulations also will seriously impact or actually kill products made with industrial hemp which are intended for human consumption. This will include hemp lip balm, any hemp products which could be used to soothe nose/sinus, or anything that DEA claims could be "ingested."

I also understand that the regulations will put a cloud over hemp body care products, saying if the shampoo or lotion user tests positive for THC, then the products will be outlawed.

DEA chose the time when people are celebrating the holidays and when Congress will be in recess to do this. Please fight back now to keep these regulations from being published.

Write and call Janet Reno to object. Do the same to Pres. Clinton. And if you have established some relationship with a member of Congress on this subject, contact him/her as soon as possible. One approach is to say these regs should be tabled to let the next administration decide. For you in the hemp industry/businesses, please stress the economic disaster which will hit U.S. businesses if they publish these regulations. And if you know your governor, ask him/her to contact President Bill Clinton immediately to stop DEA from publishing.

This isn't much of a Christmas message--sorry. But I guess we should have expected this tactic from DEA/McCaffrey.

Let's get to work! (Please distribute this to your lists.)

Aloha,
Rep. Cynthia Thielen
Assistant Republican Floor Leader
Hawaii House of Representatives

Note: Emphasis is the author's.

Date: Fri, 28 Jul 2000

From: Cynthia Thielen <thielen@aloha.net>

Reply-To: thielen@aloha.net

Subject: NEW DEA REGULATIONS WARNING

I recently returned from Washington, DC where I met with Congress members and government officials about industrial hemp. I learned that the Drug Enforcement Administration (DEA) will be publishing its new rules shortly in the Federal Register. This email is a warning to you in the industrial hemp industry, and I ask you to forward it to others who may be affected by these DEA regulations.

1.DEA INTERPRETIVE RULE. First, the DEA will be interpreting the Controlled Substances Act and its own regulations as declaring any products that contain any amounts of THC to be a Schedule 1 Controlled Substance, even though such products are made from portions of the cannabis plant that are excluded from the definition of marijuana. However, the DEA also will publish in the Fed. Register a Proposed Rule and Interim Rule, the latter of which will create exemptions to its Interpretive Rule. Otherwise, as DEA notes, its Interpretive Rule standing alone would declare as "controlled substances" a wide variety of cannabis derived products historically allowed by the federal government. For example, hemp based paper, hemp clothing, hemp rope, and bird seed containing hemp all would be considered a Schedule 1 controlled substance under the DEA Interpretive Rule if they contained any trace amounts of naturally occurring THC.

2.PROPOSED RULE. DEA's Proposed Rule will revise the wording of its own regulations so that THC refers to both naturally occurring THC and synthetic THC, making both Schedule 1 marijuana under the Controlled Substances Act.

3.INTERIM RULE. DEA's Interim Rule will exempt portions of the cannabis [industrial hemp] plant from control to the extent such products are not used or intended for use for human consumption. DEA concedes that hemp paper, clothing and rope "legitimately used" cannot result in THC entering the human body. Hemp animal feed (including birdseed) is included in this category. [I credit Kenex for winning the "birdseed war" and letting trade resume for this product.]

4. Personal care hemp products are in question. Since hemp based shampoos, lotions, etc. come into contact with the human skin, DEA evidently searched for evidence that THC could be absorbed into the skin. However, lacking such evidence at this point, those hemp products are not yet outlawed. However, if comments on the new rules claim that THC is absorbed into the human body from personal care products, then I believe DEA will take steps to outlaw them. This is evidenced by DEA's action in considering hemp lip balm as a Schedule 1 Controlled Substance in its rules, and therefore hemp lip conditioner will be prohibited in the USA. Body Shop, please take note!!

These proposed rules have been reviewed and evidently approved by the US Justice Department, DEA and Office of National Drug Control Policy (ONDCP). A July 10, 2000 letter from Barry McCaffrey (ONDCP) to Congresswoman Patsy T. Mink shows where the federal government is coming from, and I quote in part from Mc Caffrey's letter:

"Many allege that hemp products are only those that are made from the portions of the Cannabis sativa L plant that are excepted from the definition of 'marijuana' in the Controlled Substances Act (CSA). However, industrial hemp products have historically referred to rope, canvas, machine oil, paper, cloth, and oil used in paint and varnish. Such products were thought not to contain tetrahydrocannabinols (THC), the psychoactive ingredient in marijuana, and were made from various fibrous plants, including plants such as Cannabis sativa, banana and jute. The United States also has a long history of importing sterile Cannabis sativa L seeds (commonly referred to as hemp seeds) for use as bird and animal feed. Recently, however, Cannabis sativa L seeds and oil, pressed from those seeds, have been imported for human consumption in various forms of hemp products. These later offerings include topical solutions, as well as products specifically designed for ingestion. Such applications for human consumption are confounding [McCaffrey's word] our Federal drug control testing programs, if they contain THC, and are of significant concern."

Once these DEA proposed rules are published in the Federal Register, you will have 30 days to comment on them. I urge those of you who will be impacted by the proposed ban on hemp products made for human consumption to immediately contact your US Congress members. Ask them to immediately contact Janet Reno, US Attorney and Mr. Donnie Marshall, DEA Administrator to object to these proposed rules which will make hemp consumables a Schedule 1 substance.

The rules apparently will be published in August. Please get to work on this now!

Aloha,

Representative Cynthia Thielen
Assistant Republican Floor Leader
Hawaii House of Representatives
tel. (808) 586-6480
fax (808) 586-6481
email<thielen@aloha.net>

Date: Fri, 28 Apr, 2000

From: Cynthia Thielen <thielen@aloha.net>

Reply-To: thielen@aloha.net

Subject: Hemp Alert

Rep. Cynthia Thielen, Hawaii

I've just learned about Barry McCaffrey's latest attempt to strangle the hemp industry in the USA and overseas. Please read this email and contact President Clinton, your Congressional delegation, Attorney General Janet Reno, DEA Administrator Donnie Marshall and Secretary of Agriculture Glickman. I'll explain what has happened.

We all know that Drug Czar McCaffrey of the Office of National Drug Control Policy (ONDCP) issued a March 5 directive to DEA and the Commissioner of the US Customs Service telling them to consider all hemp imports as capable of containing THC. This resulted in Customs Service seizing products from Kenex, Hempola and other Canadian companies, thereby cutting off American businesses from their supply of sterilized hemp seed, fiber, oil, etc.

A number of us protested this situation directly to federal government officials and sought help from Congress members. As a result of the visibility of this issue, Attorney General Janet Reno wrote to McCaffrey stating: "We lack legal authority to prohibit importation of hemp products unless the definition of marijuana in Title 21 U.S.C. Section 802.16 (c) [the Controlled Substances Act] is changed to remove the hemp exclusion." Her letter continued to say that in the case of hemp, Congress made its decision clear not to restrict hemp imports. Further, the THC levels are too low to trigger psychoactive effect. As I'll explain, her letter is key to McCaffrey's next action.

The Customs Service has changed its policy in accordance with Reno's letter, and industrial hemp sterilized seed, oil, fiber, fabric, soap, etc. are once again legal to import.

Now to the critical news. Barry McCaffrey is proposing amendments to the Controlled Substances Act and is circulating them internally for comment. He has three proposed versions:

1. Strike all exemptions, completely eliminating the importation, trade and possession of hemp products.
2. Exempt only hemp fiber which is used to produce paper, cloth, and other "legitimate" commercial products.
3. Provide for an exemption for products not used for human consumption.

McCaffrey probably is floating #1 as a tactic to make #2 and #3 more acceptable to government officials. However, all three are on the table. Apparently ONDCP and McCaffrey recognize that Congress would need to amend the CSA--this cannot be accomplished through regulations.

It is vital that you contact a number of people to try to stop McCaffrey's proposed amendments before they reach the stage of being sent to Congress by the Clinton administration. President Clinton should hear from business people as should Sec. of Agriculture Glickman, DEA Administrator Marshall and your Congressional Delegation.

I was asked by a Washington, DC official if there was a hemp trade association. I was told that no group had surfaced as being known on this issue. I did mention NAIHC and Jim Woolsey, but they said those names hadn't surfaced as being involved in this issue.

Now to specific requests: Any of you who produce hemp products for human consumption, your businesses are in jeopardy. Please don't delay. Enlist help from Congress members, and write to the president and others listed above. Those of you who are elected officials, get the help of your governors to write to the president, DEA and others. You should make a frontal attack--protest against McCaffrey's proposals and then urge DEA/Glickman to release the draft regulations which will allow farmers to grow industrial hemp under certain restrictions. Hawaii's governor Benjamin Cayetano already has written Administrator Marshall asking when he will release the regulations.

And for hemp trade associations, it's well past time for you to state your position clearly to Pres. Clinton, and the others listed above. I do NOT include McCaffrey as one to whom you should write. He is doing everything he can to destroy the industrial hemp industry, and with each setback, he simply comes back harder. We need to ask President Clinton to reign him in for the good of America's farmers and businesses.

Please, please speak out now! Aloha,
Representative Cynthia Thielen
Assistant Republican Floor Leader
Hawaii House of Representatives
tel. (808) 586-6480
fax (808) 586-6481
email <thielen@aloha.net>

Please email us with any suggestions, links, dead links, etc.

IndustrialHemp(at)mac.com

Last updated 5 February 2001 7:12 pm GMT