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E VOLVI NG LEGAL A N D RE GU LATORY C HA LLE NG ES IN U. S. I MP ORT AN D EX PORT O F I NDUS TRIAL HEMP B YP RODUCTS von Kate Strickland Hoban Law
Now more than ever, the American industrial hemp industry faces challenges that directly impact the European hemp industry, a longtime source of raw material and oils for American processors and manufacturers.
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For decades, cultivators and processors in Europe exported non-psychoactive industrial hemp oils and byproducts to the United States with relatively minimal resistance. Under U.S. federal law enacted as early as 1937, the U.S. Congress specifically excluded certain portions and varieties of the Cannabis plant from consideration as a controlled substance – namely, the stalks, stems, fibers, hurd and non-viable seed – thus allowing for the import and export of these hemp materials, oils and derivatives processed from the same. A federal Court
of Appeals confirmed this policy in the early 2000s in Hemp Indus. Ass'n. v. DEA, 357 F.3d 1012 (9th Cir. 2004) and Hemp Indus. Ass'n v. DEA, 333 F.3d 1082 (9th Cir. 2003). These exemptions apply, the Court found, even if trace amounts of naturally occurring tetrahydrocannabinol (THC) are present. When importing and exporting industrial hemp materials through the United States, both parties must submit completed forms with the United States Customs and Border Patrol (CBP). These forms
