1991 DEA Hemp Seed Affidavits:
The first affidavit is from a Sr. Investigator of the DEA states their authority and approval of a company registered to import, sterilize and distribute hempseed. It reaffirms that the seeds are excluded from the definition of marijuana and are NOT a controlled substance. It goes on to say the DEA does not require seeds to be free of THC. Viability testing is all that is required.
The second affidavit is
from a DEA forensic chemist who's job it is to prove the identity of substances.
Regarding hempseeds, determination of the presence of THC is not the objective,
proof that they are cannabis and whether they are viable is all that is
Department of Justice
Drug Enforcement Administration
Washington, D.C. 20537
AFFIDAVIT OF CHARLES H. METCALF
I, Charles H. Metcalf, declare and say:
I am a Senior Investigator employed by the Drug Enforcement Administration (DEA) and am assigned to the DEA Office of Diversion Control, Registration Section. I have been employed by the DEA since 1985. I am fully familiar with the facts stated herein.
1. The importation, sterilization, and commercial distribution of marijuana seed to be used as birdfeed is regulated by the DEA pursuant to the Controlled Substance Import and Export Act, U.S.C. 952 Et. seq. and 21 C.F.R. 1311. The DEA, and my office in particular, has authority to license and register importers of marijuana seed to be sterilized, rendered non-viable and placed into commerce as birdfeed.
2. Pursuant to this authority this office has approved the registration of Minn-Dak Growers, Ltd. as an importer and distributor of marijuana seeds to be rendered non-viable and used as birdfeed.
3. Upon the importation of marijuana seed into the United States, the Customs Department impounds and inspects the seed, and then monitors transport to approved facilities which render the seeds infertile through gas and/or temperature.
4. The sterile marijuana seeds are specifically excluded from the definition of "marijuana" and are not a controlled substance under federal statute. Public Law 91-153, Section 102 (15).
5. In 1990, approximately sixty (60) tons of marijuana seeds were imported into the United States with DEA approval to be used as birdfeed. Since 1981 approximately fifty (50) to sixty (60) tons of marijuana seeds have been imported into the United States annually with DEA approval.
6. My office is unaware of any criminal prosecutions brought against any individuals for possession and distribution of sterile marijuana seed birdfeed at any time aside from the charges brought against Mr. Keith S. Halpern and his clients.
7. The DEA, and my office in particular, is aware that sterile marijuana seed sold as birdfeed is likely to contain residue and particulate vegetable matter which will test positive for the presence of THC, the
active ingredient of marijuana.
8. The DEA does not require sterile marijuana seed placed into commerce as birdfeed to be free of all such residue and particulate matter.
9. The DEA does not consider sterile marijuana seed sold as birdfeed to be a controlled substance, whether or not it contains residue or particulate matter which tests positive for the presence of THC.
10. As detailed in the Affidavit of Susan Miller, Forensic Chemist, DEA, when evaluating material which visually appears to be primarily marijuana seed, the DEA's determination of whether the material constitutes a controlled substance must be made by viability testing of the seeds, rather than separate THC analysis of the residue and particulate matter.
I declare under penalty of
perjury, pursuant to 28 U.S.C. 1746, that the foregoing is true and
Department of Justice
Drug Enforcement Administration
Washington, D.C. 20537
AFFIDAVIT OF SUSAN MILLER
I, Susan Miller, declare and say:
I am a Forensic Chemist employed by the Drug Enforcement Administration.
1. Forensic Chemists employed by the Drug Enforcement Administration are required to perform certain specific analytical procedures to quantitate and identify the unknown evidence samples submitted by law enforcement personnel. These procedures are specific for each type of substance analyzed and were developed to prove the identity of the substance as specified in the Controlled Substance Act, Title 21 Section 802.
2. When presented with evidence that is by visual examination determined to be mostly seeds, the DEA Forensic Chemist makes the decision to analyze the evidence following the standard procedure for identification of marihuana seeds. This procedure consists of a microscopic examination of the physical characteristics associated with marihuana seeds and a viability determination. It is recognized by the DEA laboratory system that the residues associated with marihuana seeds can and most often do, produce positive THC results using the standard chemical tests for marihuana. A large quantity of seeds could produce enough residue to have measurable amounts of plant material. However, when an exhibit has been determined to be seeds, the residues are not collected and analyzed separately. The determination of the presence of THC, or the identification of the physical characteristics of marihuana plant material by analysis of that material is not the objective. For seed evidence, the chemist must prove by microscopic examination that the seeds have the physical characteristics of marihuana seeds, and the chemist must also prove that the seeds are viable. A sampling of seeds obtained from the exhibit submitted for analysis must be placed in a suitable container to promote germination. A 5% viability rate is considered necessary by the DEA to prove that the sample of seeds is indeed viable. Viability is the critical aspect of the analysis because the law specifically states that sterilized seeds incapable of germination are not included in the term "Marihuana" and are therefore not controlled.
I declare under penalty of perjury, pursuant to 28 U.S.C. 1746, that the foregoing is true and correct.
Date: APR 11 1991
|October 6, 1999
Department of Justice, Drug Enforcement Administration
Office of Congressional and Public Affairs
Name: Rogene Waite, DEA Public Affairs
Tel: 202-307-7977 Fax: 202-307-7965
Under the Controlled Substances Act, marijuana, a schedule I controlled substance, is defined to be the cannabis sativa plant, except for certain specific parts of the plant such as seeds which have been sterilized and rendered incapable of germination. Because of this exception, sterilized cannabis seed traditionally has been imported into the United States for use as bird seed, without requiring registration with the United States Drug Enforcement Administration. Recently, DEA and other federal agencies have become aware that sterilized cannabis seed has been imported into the United States for use in food products for human consumption. Furthermore, some of that seed, and products made from the seed, may be contaminated with THC. Under federal law, THC is a schedule I controlled substance.
Therefore, any product containing any
amount of THC can only be imported into the United States by a company that is appropriately registered with
Now if you took prime high thc bud, and concentrated the resins, this would be in Schedule I under the definition of marijuana (21 U.S.C. Section 802(16)). If you concentrated it enough, you could get pharmaceutical grade THC, but it would still be in Schedule I as marijuana and not THC.
What we are talking about from Canada, is not marijuana or THC. It is not
THC because it is organic, not synthetic. It is not marijuana because it is
not the concentrated resin. It is the opposite. Years of careful breeding
work, careful cultivation and high tech cleaning of the resulting seeds has
produced a product that is 100 to 1000 time cleaner of THC than any birdseed that was imported into the U.S. from China in the past 63
years under DEA permits.