The United States Court of Appeal for the Ninth Circuit in Hemp Industries Assn., v. Drug Enforcement Admin., 357 F.3d 1012 (9th Cir. 2004), recognized that “non-psychoactive hemp [that] is derived from the ‘mature stalks’ or is ‘oil and cake made from the seeds’ of the Cannabis plant, …fits within the plainly stated exception to the CSA definition of marijuana.” Id. at 1017.
Industrial hemp is legal to import under the Controlled Substances Act (CSA). Since 1937, the federal statute controlling marijuana has excluded the stalk, fiber, oil, and sterilized seed of the plant Cannabis sativa L., commonly known as hemp, from the definition of “marijuana.”
Hemp still awaits GRAS certification from the FDA – a necessary step for commercialization of domestic crops.